Update Licenses (#5558)

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zeripath 2018-12-19 02:04:43 +00:00 committed by techknowlogick
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Copyright (C) 2006 by Rob Landley <rob@landley.net>
Permission to use, copy, modify, and/or distribute this software for any purpose with or without fee is hereby granted.
THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Permission to use, copy, modify, and/or distribute this software for any purpose
with or without fee is hereby granted.
THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH
REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT,
INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THIS SOFTWARE.

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This Program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; version 2 of the License.
This Program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with this Program; if not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA.
In addition, as a special exception, Red Hat, Inc. gives You the additional right to link the code of this Program with code not covered under the GNU General Public License ("Non-GPL Code") and to distribute linked combinations including the two, subject to the limitations in this paragraph. Non-GPL Code permitted under this exception must only link to the code of this Program through those well defined interfaces identified in the file named EXCEPTION found in the source code files (the "Approved Interfaces"). The files of Non-GPL Code may instantiate templates or use macros or inline functions from the Approved Interfaces without causing the resulting work to be covered by the GNU General Public License. Only Red Hat, Inc. may make changes or additions to the list of Approved Interfaces. You must obey the GNU General Public License in all respects for all of the Program code and other code used in conjunction with the Program except the Non-GPL Code covered by this exception. If you modify this file, you may extend this exception to your version of the file, but you are not obligated to do so. If you do not wish to provide this exception without modification, you must delete this exception statement from your version and license this file solely under the GPL without exception.

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Attribution Assurance License
Copyright (c) 2002 by AUTHOR PROFESSIONAL IDENTIFICATION * URL "PROMOTIONAL SLOGAN FOR AUTHOR'S PROFESSIONAL PRACTICE"
All Rights Reserved ATTRIBUTION ASSURANCE LICENSE (adapted from the original BSD license)
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the conditions below are met. These conditions require a modest attribution to <AUTHOR> (the "Author"), who hopes that its promotional value may help justify the thousands of dollars in otherwise billable time invested in writing this and other freely available, open-source software.
1. Redistributions of source code, in whole or part and with or without modification (the "Code"), must prominently display this GPG-signed text in verifiable form.
2. Redistributions of the Code in binary form must be accompanied by this GPG-signed text in any documentation and, each time the resulting executable program or a program dependent thereon is launched, a prominent display (e.g., splash screen or banner text) of the Author's attribution information, which includes:
Copyright (c) 2002 by AUTHOR PROFESSIONAL IDENTIFICATION * URL "PROMOTIONAL
SLOGAN FOR AUTHOR'S PROFESSIONAL PRACTICE"
All Rights Reserved ATTRIBUTION ASSURANCE LICENSE (adapted from the original
BSD license)
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the conditions below are met. These conditions
require a modest attribution to <AUTHOR> (the "Author"), who hopes that its
promotional value may help justify the thousands of dollars in otherwise billable
time invested in writing this and other freely available, open-source software.
1. Redistributions of source code, in whole or part and with or without modification
(the "Code"), must prominently display this GPG-signed text in verifiable
form.
2. Redistributions of the Code in binary form must be accompanied by this
GPG-signed text in any documentation and, each time the resulting executable
program or a program dependent thereon is launched, a prominent display (e.g.,
splash screen or banner text) of the Author's attribution information, which
includes:
(a) Name ("AUTHOR"),
(b) Professional identification ("PROFESSIONAL IDENTIFICATION"), and
(c) URL ("URL").
3. Neither the name nor any trademark of the Author may be used to endorse or promote products derived from this software without specific prior written permission.
4. Users are entirely responsible, to the exclusion of the Author and any other persons, for compliance with (1) regulations set by owners or administrators of employed equipment, (2) licensing terms of any other software, and (3) local regulations regarding use, including those regarding import, export, and use of encryption software.
THIS FREE SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR ANY CONTRIBUTOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, EFFECTS OF UNAUTHORIZED OR MALICIOUS NETWORK ACCESS; PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
3. Neither the name nor any trademark of the Author may be used to endorse
or promote products derived from this software without specific prior written
permission.
4. Users are entirely responsible, to the exclusion of the Author and any
other persons, for compliance with (1) regulations set by owners or administrators
of employed equipment, (2) licensing terms of any other software, and (3)
local regulations regarding use, including those regarding import, export,
and use of encryption software.
THIS FREE SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
AUTHOR OR ANY CONTRIBUTOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
EFFECTS OF UNAUTHORIZED OR MALICIOUS NETWORK ACCESS; PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.

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This software code is made available "AS IS" without warranties of any kind. You may copy, display, modify and redistribute the software code either by itself or as incorporated into your code; provided that > you do not remove any proprietary notices. Your use of this software code is at your own risk and you waive any claim against Amazon Digital Services, Inc. or its affiliates with respect to your use of this software code. (c) 2006 Amazon Digital Services, Inc. or its affiliates.
This software code is made available "AS IS" without warranties of any kind.
You may copy, display, modify and redistribute the software code either by
itself or as incorporated into your code; provided that > you do not remove
any proprietary notices. Your use of this software code is at your own risk
and you waive any claim against Amazon Digital Services, Inc. or its affiliates
with respect to your use of this software code. (c) 2006 Amazon Digital Services,
Inc. or its affiliates.

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Academic Free License
Version 1.1 The Academic Free License applies to any original work of authorship (the "Original Work") whose owner (the "Licensor") has placed the following notice immediately following the copyright notice for the Original Work:
Version 1.1 The Academic Free License applies to any original work of authorship
(the "Original Work") whose owner (the "Licensor") has placed the following
notice immediately following the copyright notice for the Original Work:
" Licensed under the Academic Free License version 1.1. "
Grant of License. Licensor hereby grants to any person obtaining a copy of the Original Work ("You") a world-wide, royalty-free, non-exclusive, perpetual, non-sublicenseable license
(1) to use, copy, modify, merge, publish, perform, distribute and/or sell copies of the Original Work and derivative works thereof, and
(2) under patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor, to make, use, sell and offer for sale the Original Work and derivative works thereof, subject to the following conditions.
Right of Attribution. Redistributions of the Original Work must reproduce all copyright notices in the Original Work as furnished by the Licensor, both in the Original Work itself and in any documentation and/or other materials provided with the distribution of the Original Work in executable form.
Exclusions from License Grant. Neither the names of Licensor, nor the names of any contributors to the Original Work, nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Original Work without express prior written permission of the Licensor.
WARRANTY AND DISCLAIMERS. LICENSOR WARRANTS THAT THE COPYRIGHT IN AND TO THE ORIGINAL WORK IS OWNED BY THE LICENSOR OR THAT THE ORIGINAL WORK IS DISTRIBUTED BY LICENSOR UNDER A VALID CURRENT LICENSE FROM THE COPYRIGHT OWNER. EXCEPT AS EXPRESSLY STATED IN THE IMMEDIATELY PRECEEDING SENTENCE, THE ORIGINAL WORK IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO LICENSE TO ORIGINAL WORK IS GRANTED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING AS A RESULT OF THIS LICENSE OR THE USE OF THE ORIGINAL WORK INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PERSON SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
License to Source Code. The term "Source Code" means the preferred form of the Original Work for making modifications to it and all available documentation describing how to access and modify the Original Work. Licensor hereby agrees to provide a machine-readable copy of the Source Code of the Original Work along with each copy of the Original Work that Licensor distributes. Licensor reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to distribute the Original Work, and by publishing the address of that information repository in a notice immediately following the copyright notice that applies to the Original Work.
Mutual Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License if You file a lawsuit in any court alleging that any OSI Certified open source software that is licensed under any license containing this "Mutual Termination for Patent Action" clause infringes any patent claims that are essential to use that software.
Grant of License. Licensor hereby grants to any person obtaining a copy of
the Original Work ("You") a world-wide, royalty-free, non-exclusive, perpetual,
non-sublicenseable license
(1) to use, copy, modify, merge, publish, perform, distribute and/or sell
copies of the Original Work and derivative works thereof, and
(2) under patent claims owned or controlled by the Licensor that are embodied
in the Original Work as furnished by the Licensor, to make, use, sell and
offer for sale the Original Work and derivative works thereof, subject to
the following conditions.
Right of Attribution. Redistributions of the Original Work must reproduce
all copyright notices in the Original Work as furnished by the Licensor, both
in the Original Work itself and in any documentation and/or other materials
provided with the distribution of the Original Work in executable form.
Exclusions from License Grant. Neither the names of Licensor, nor the names
of any contributors to the Original Work, nor any of their trademarks or service
marks, may be used to endorse or promote products derived from this Original
Work without express prior written permission of the Licensor.
WARRANTY AND DISCLAIMERS. LICENSOR WARRANTS THAT THE COPYRIGHT IN AND TO THE
ORIGINAL WORK IS OWNED BY THE LICENSOR OR THAT THE ORIGINAL WORK IS DISTRIBUTED
BY LICENSOR UNDER A VALID CURRENT LICENSE FROM THE COPYRIGHT OWNER. EXCEPT
AS EXPRESSLY STATED IN THE IMMEDIATELY PRECEEDING SENTENCE, THE ORIGINAL WORK
IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT
AND WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE OR FIT FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
NO LICENSE TO ORIGINAL WORK IS GRANTED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR
BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING AS A RESULT OF THIS LICENSE
OR THE USE OF THE ORIGINAL WORK INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PERSON SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO
YOU.
License to Source Code. The term "Source Code" means the preferred form of
the Original Work for making modifications to it and all available documentation
describing how to access and modify the Original Work. Licensor hereby agrees
to provide a machine-readable copy of the Source Code of the Original Work
along with each copy of the Original Work that Licensor distributes. Licensor
reserves the right to satisfy this obligation by placing a machine-readable
copy of the Source Code in an information repository reasonably calculated
to permit inexpensive and convenient access by You for as long as Licensor
continues to distribute the Original Work, and by publishing the address of
that information repository in a notice immediately following the copyright
notice that applies to the Original Work.
Mutual Termination for Patent Action. This License shall terminate automatically
and You may no longer exercise any of the rights granted to You by this License
if You file a lawsuit in any court alleging that any OSI Certified open source
software that is licensed under any license containing this "Mutual Termination
for Patent Action" clause infringes any patent claims that are essential to
use that software.
This license is Copyright (C) 2002 Lawrence E. Rosen. All rights reserved.
Permission is hereby granted to copy and distribute this license without modification. This license may not be modified without the express written permission of its copyright owner.
Permission is hereby granted to copy and distribute this license without modification.
This license may not be modified without the express written permission of
its copyright owner.

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Academic Free License
Version 1.2 This Academic Free License applies to any original work of authorship (the "Original Work") whose owner (the "Licensor") has placed the following notice immediately following the copyright notice for the Original Work:
Version 1.2 This Academic Free License applies to any original work of authorship
(the "Original Work") whose owner (the "Licensor") has placed the following
notice immediately following the copyright notice for the Original Work:
Licensed under the Academic Free License version 1.2
Grant of License. Licensor hereby grants to any person obtaining a copy of the Original Work ("You") a world-wide, royalty-free, non-exclusive, perpetual, non-sublicenseable license (1) to use, copy, modify, merge, publish, perform, distribute and/or sell copies of the Original Work and derivative works thereof, and (2) under patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor, to make, use, sell and offer for sale the Original Work and derivative works thereof, subject to the following conditions.
Attribution Rights. You must retain, in the Source Code of any Derivative Works that You create, all copyright, patent or trademark notices from the Source Code of the Original Work, as well as any notices of licensing and any descriptive text identified therein as an "Attribution Notice." You must cause the Source Code for any Derivative Works that You create to carry a prominent Attribution Notice reasonably calculated to inform recipients that You have modified the Original Work.
Exclusions from License Grant. Neither the names of Licensor, nor the names of any contributors to the Original Work, nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Original Work without express prior written permission of the Licensor.
Warranty and Disclaimer of Warranty. Licensor warrants that the copyright in and to the Original Work is owned by the Licensor or that the Original Work is distributed by Licensor under a valid current license from the copyright owner. Except as expressly stated in the immediately proceeding sentence, the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No license to Original Work is granted hereunder except under this disclaimer.
Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to any person for any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or the use of the Original Work including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to liability for death or personal injury resulting from Licensor's negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You.
License to Source Code. The term "Source Code" means the preferred form of the Original Work for making modifications to it and all available documentation describing how to modify the Original Work. Licensor hereby agrees to provide a machine-readable copy of the Source Code of the Original Work along with each copy of the Original Work that Licensor distributes. Licensor reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to distribute the Original Work, and by publishing the address of that information repository in a notice immediately following the copyright notice that applies to the Original Work.
Mutual Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License if You file a lawsuit in any court alleging that any OSI Certified open source software that is licensed under any license containing this "Mutual Termination for Patent Action" clause infringes any patent claims that are essential to use that software.
Right to Use. You may use the Original Work in all ways not otherwise restricted or conditioned by this License or by law, and Licensor promises not to interfere with or be responsible for such uses by You.
Grant of License. Licensor hereby grants to any person obtaining a copy of
the Original Work ("You") a world-wide, royalty-free, non-exclusive, perpetual,
non-sublicenseable license (1) to use, copy, modify, merge, publish, perform,
distribute and/or sell copies of the Original Work and derivative works thereof,
and (2) under patent claims owned or controlled by the Licensor that are embodied
in the Original Work as furnished by the Licensor, to make, use, sell and
offer for sale the Original Work and derivative works thereof, subject to
the following conditions.
Attribution Rights. You must retain, in the Source Code of any Derivative
Works that You create, all copyright, patent or trademark notices from the
Source Code of the Original Work, as well as any notices of licensing and
any descriptive text identified therein as an "Attribution Notice." You must
cause the Source Code for any Derivative Works that You create to carry a
prominent Attribution Notice reasonably calculated to inform recipients that
You have modified the Original Work.
Exclusions from License Grant. Neither the names of Licensor, nor the names
of any contributors to the Original Work, nor any of their trademarks or service
marks, may be used to endorse or promote products derived from this Original
Work without express prior written permission of the Licensor.
Warranty and Disclaimer of Warranty. Licensor warrants that the copyright
in and to the Original Work is owned by the Licensor or that the Original
Work is distributed by Licensor under a valid current license from the copyright
owner. Except as expressly stated in the immediately proceeding sentence,
the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT
WARRANTY, either express or implied, including, without limitation, the warranties
of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER
OF WARRANTY constitutes an essential part of this License. No license to Original
Work is granted hereunder except under this disclaimer.
Limitation of Liability. Under no circumstances and under no legal theory,
whether in tort (including negligence), contract, or otherwise, shall the
Licensor be liable to any person for any direct, indirect, special, incidental,
or consequential damages of any character arising as a result of this License
or the use of the Original Work including, without limitation, damages for
loss of goodwill, work stoppage, computer failure or malfunction, or any and
all other commercial damages or losses. This limitation of liability shall
not apply to liability for death or personal injury resulting from Licensor's
negligence to the extent applicable law prohibits such limitation. Some jurisdictions
do not allow the exclusion or limitation of incidental or consequential damages,
so this exclusion and limitation may not apply to You.
License to Source Code. The term "Source Code" means the preferred form of
the Original Work for making modifications to it and all available documentation
describing how to modify the Original Work. Licensor hereby agrees to provide
a machine-readable copy of the Source Code of the Original Work along with
each copy of the Original Work that Licensor distributes. Licensor reserves
the right to satisfy this obligation by placing a machine-readable copy of
the Source Code in an information repository reasonably calculated to permit
inexpensive and convenient access by You for as long as Licensor continues
to distribute the Original Work, and by publishing the address of that information
repository in a notice immediately following the copyright notice that applies
to the Original Work.
Mutual Termination for Patent Action. This License shall terminate automatically
and You may no longer exercise any of the rights granted to You by this License
if You file a lawsuit in any court alleging that any OSI Certified open source
software that is licensed under any license containing this "Mutual Termination
for Patent Action" clause infringes any patent claims that are essential to
use that software.
Right to Use. You may use the Original Work in all ways not otherwise restricted
or conditioned by this License or by law, and Licensor promises not to interfere
with or be responsible for such uses by You.
This license is Copyright (C) 2002 Lawrence E. Rosen. All rights reserved.
Permission is hereby granted to copy and distribute this license without modification. This license may not be modified without the express written permission of its copyright owner.
Permission is hereby granted to copy and distribute this license without modification.
This license may not be modified without the express written permission of
its copyright owner.

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The Academic Free License
v. 2.0 This Academic Free License (the "License") applies to any original work of authorship (the "Original Work") whose owner (the "Licensor") has placed the following notice immediately following the copyright notice for the Original Work:
v. 2.0 This Academic Free License (the "License") applies to any original
work of authorship (the "Original Work") whose owner (the "Licensor") has
placed the following notice immediately following the copyright notice for
the Original Work:
Licensed under the Academic Free License version 2.0
1) Grant of Copyright License. Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, sublicenseable license to do the following:
1) Grant of Copyright License. Licensor hereby grants You a world-wide, royalty-free,
non-exclusive, perpetual, sublicenseable license to do the following:
a) to reproduce the Original Work in copies;
b) to prepare derivative works ("Derivative Works") based upon the Original Work;
b) to prepare derivative works ("Derivative Works") based upon the Original
Work;
c) to distribute copies of the Original Work and Derivative Works to the public;
d) to perform the Original Work publicly; and
e) to display the Original Work publicly.
2) Grant of Patent License. Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, sublicenseable license, under patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor, to make, use, sell and offer for sale the Original Work and Derivative Works.
3) Grant of Source Code License. The term "Source Code" means the preferred form of the Original Work for making modifications to it and all available documentation describing how to modify the Original Work. Licensor hereby agrees to provide a machine-readable copy of the Source Code of the Original Work along with each copy of the Original Work that Licensor distributes. Licensor reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to distribute the Original Work, and by publishing the address of that information repository in a notice immediately following the copyright notice that applies to the Original Work.
4) Exclusions From License Grant. Neither the names of Licensor, nor the names of any contributors to the Original Work, nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Original Work without express prior written permission of the Licensor. Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor except as expressly stated herein. No patent license is granted to make, use, sell or offer to sell embodiments of any patent claims other than the licensed claims defined in Section 2. No right is granted to the trademarks of Licensor even if such marks are included in the Original Work. Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this License any Original Work that Licensor otherwise would have a right to license.
2) Grant of Patent License. Licensor hereby grants You a world-wide, royalty-free,
non-exclusive, perpetual, sublicenseable license, under patent claims owned
or controlled by the Licensor that are embodied in the Original Work as furnished
by the Licensor, to make, use, sell and offer for sale the Original Work and
Derivative Works.
3) Grant of Source Code License. The term "Source Code" means the preferred
form of the Original Work for making modifications to it and all available
documentation describing how to modify the Original Work. Licensor hereby
agrees to provide a machine-readable copy of the Source Code of the Original
Work along with each copy of the Original Work that Licensor distributes.
Licensor reserves the right to satisfy this obligation by placing a machine-readable
copy of the Source Code in an information repository reasonably calculated
to permit inexpensive and convenient access by You for as long as Licensor
continues to distribute the Original Work, and by publishing the address of
that information repository in a notice immediately following the copyright
notice that applies to the Original Work.
4) Exclusions From License Grant. Neither the names of Licensor, nor the names
of any contributors to the Original Work, nor any of their trademarks or service
marks, may be used to endorse or promote products derived from this Original
Work without express prior written permission of the Licensor. Nothing in
this License shall be deemed to grant any rights to trademarks, copyrights,
patents, trade secrets or any other intellectual property of Licensor except
as expressly stated herein. No patent license is granted to make, use, sell
or offer to sell embodiments of any patent claims other than the licensed
claims defined in Section 2. No right is granted to the trademarks of Licensor
even if such marks are included in the Original Work. Nothing in this License
shall be interpreted to prohibit Licensor from licensing under different terms
from this License any Original Work that Licensor otherwise would have a right
to license.
5) This section intentionally omitted.
6) Attribution Rights. You must retain, in the Source Code of any Derivative Works that You create, all copyright, patent or trademark notices from the Source Code of the Original Work, as well as any notices of licensing and any descriptive text identified therein as an "Attribution Notice." You must cause the Source Code for any Derivative Works that You create to carry a prominent Attribution Notice reasonably calculated to inform recipients that You have modified the Original Work.
7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that the copyright in and to the Original Work and the patent rights granted herein by Licensor are owned by the Licensor or are sublicensed to You under the terms of this License with the permission of the contributor(s) of those copyrights and patent rights. Except as expressly stated in the immediately proceeding sentence, the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No license to Original Work is granted hereunder except under this disclaimer.
8) Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to any person for any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or the use of the Original Work including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to liability for death or personal injury resulting from Licensor's negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You.
9) Acceptance and Termination. If You distribute copies of the Original Work or a Derivative Work, You must make a reasonable effort under the circumstances to obtain the express assent of recipients to the terms of this License. Nothing else but this License (or another written agreement between Licensor and You) grants You permission to create Derivative Works based upon the Original Work or to exercise any of the rights granted in Section 1 herein, and any attempt to do so except under the terms of this License (or another written agreement between Licensor and You) is expressly prohibited by U.S. copyright law, the equivalent laws of other countries, and by international treaty. Therefore, by exercising any of the rights granted to You in Section 1 herein, You indicate Your acceptance of this License and all of its terms and conditions.
10) Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, for patent infringement (i) against Licensor with respect to a patent applicable to software or (ii) against any entity with respect to a patent applicable to the Original Work (but excluding combinations of the Original Work with other software or hardware).
11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this License may be brought only in the courts of a jurisdiction wherein the Licensor resides or in which Licensor conducts its primary business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Original Work outside the scope of this License or after its termination shall be subject to the requirements and penalties of the U.S. Copyright Act, 17 U.S.C. ¤ 101 et seq., the equivalent laws of other countries, and international treaty. This section shall survive the termination of this License.
12) Attorneys Fees. In any action to enforce the terms of this License or seeking damages relating thereto, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys' fees and costs incurred in connection with such action, including any appeal of such action. This section shall survive the termination of this License.
13) Miscellaneous. This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
14) Definition of "You" in This License. "You" throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
15) Right to Use. You may use the Original Work in all ways not otherwise restricted or conditioned by this License or by law, and Licensor promises not to interfere with or be responsible for such uses by You.
6) Attribution Rights. You must retain, in the Source Code of any Derivative
Works that You create, all copyright, patent or trademark notices from the
Source Code of the Original Work, as well as any notices of licensing and
any descriptive text identified therein as an "Attribution Notice." You must
cause the Source Code for any Derivative Works that You create to carry a
prominent Attribution Notice reasonably calculated to inform recipients that
You have modified the Original Work.
7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that
the copyright in and to the Original Work and the patent rights granted herein
by Licensor are owned by the Licensor or are sublicensed to You under the
terms of this License with the permission of the contributor(s) of those copyrights
and patent rights. Except as expressly stated in the immediately proceeding
sentence, the Original Work is provided under this License on an "AS IS" BASIS
and WITHOUT WARRANTY, either express or implied, including, without limitation,
the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU.
This DISCLAIMER OF WARRANTY constitutes an essential part of this License.
No license to Original Work is granted hereunder except under this disclaimer.
8) Limitation of Liability. Under no circumstances and under no legal theory,
whether in tort (including negligence), contract, or otherwise, shall the
Licensor be liable to any person for any direct, indirect, special, incidental,
or consequential damages of any character arising as a result of this License
or the use of the Original Work including, without limitation, damages for
loss of goodwill, work stoppage, computer failure or malfunction, or any and
all other commercial damages or losses. This limitation of liability shall
not apply to liability for death or personal injury resulting from Licensor's
negligence to the extent applicable law prohibits such limitation. Some jurisdictions
do not allow the exclusion or limitation of incidental or consequential damages,
so this exclusion and limitation may not apply to You.
9) Acceptance and Termination. If You distribute copies of the Original Work
or a Derivative Work, You must make a reasonable effort under the circumstances
to obtain the express assent of recipients to the terms of this License. Nothing
else but this License (or another written agreement between Licensor and You)
grants You permission to create Derivative Works based upon the Original Work
or to exercise any of the rights granted in Section 1 herein, and any attempt
to do so except under the terms of this License (or another written agreement
between Licensor and You) is expressly prohibited by U.S. copyright law, the
equivalent laws of other countries, and by international treaty. Therefore,
by exercising any of the rights granted to You in Section 1 herein, You indicate
Your acceptance of this License and all of its terms and conditions.
10) Termination for Patent Action. This License shall terminate automatically
and You may no longer exercise any of the rights granted to You by this License
as of the date You commence an action, including a cross-claim or counterclaim,
for patent infringement (i) against Licensor with respect to a patent applicable
to software or (ii) against any entity with respect to a patent applicable
to the Original Work (but excluding combinations of the Original Work with
other software or hardware).
11) Jurisdiction, Venue and Governing Law. Any action or suit relating to
this License may be brought only in the courts of a jurisdiction wherein the
Licensor resides or in which Licensor conducts its primary business, and under
the laws of that jurisdiction excluding its conflict-of-law provisions. The
application of the United Nations Convention on Contracts for the International
Sale of Goods is expressly excluded. Any use of the Original Work outside
the scope of this License or after its termination shall be subject to the
requirements and penalties of the U.S. Copyright Act, 17 U.S.C. ¤ 101 et seq.,
the equivalent laws of other countries, and international treaty. This section
shall survive the termination of this License.
12) Attorneys Fees. In any action to enforce the terms of this License or
seeking damages relating thereto, the prevailing party shall be entitled to
recover its costs and expenses, including, without limitation, reasonable
attorneys' fees and costs incurred in connection with such action, including
any appeal of such action. This section shall survive the termination of this
License.
13) Miscellaneous. This License represents the complete agreement concerning
the subject matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent necessary
to make it enforceable.
14) Definition of "You" in This License. "You" throughout this License, whether
in upper or lower case, means an individual or a legal entity exercising rights
under, and complying with all of the terms of, this License. For legal entities,
"You" includes any entity that controls, is controlled by, or is under common
control with you. For purposes of this definition, "control" means (i) the
power, direct or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (ii) ownership of fifty percent (50%)
or more of the outstanding shares, or (iii) beneficial ownership of such entity.
15) Right to Use. You may use the Original Work in all ways not otherwise
restricted or conditioned by this License or by law, and Licensor promises
not to interfere with or be responsible for such uses by You.
This license is Copyright (C) 2003 Lawrence E. Rosen. All rights reserved.
Permission is hereby granted to copy and distribute this license without modification. This license may not be modified without the express written permission of its copyright owner.
Permission is hereby granted to copy and distribute this license without modification.
This license may not be modified without the express written permission of
its copyright owner.

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@ -1,25 +1,150 @@
The Academic Free License
v.2.1 This Academic Free License (the "License") applies to any original work of authorship (the "Original Work") whose owner (the "Licensor") has placed the following notice immediately following the copyright notice for the Original Work:
v.2.1 This Academic Free License (the "License") applies to any original work
of authorship (the "Original Work") whose owner (the "Licensor") has placed
the following notice immediately following the copyright notice for the Original
Work:
Licensed under the Academic Free License version 2.1
1) Grant of Copyright License. Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, sublicenseable license to do the following:
1) Grant of Copyright License. Licensor hereby grants You a world-wide, royalty-free,
non-exclusive, perpetual, sublicenseable license to do the following:
a) to reproduce the Original Work in copies;
b) to prepare derivative works ("Derivative Works") based upon the Original Work;
b) to prepare derivative works ("Derivative Works") based upon the Original
Work;
c) to distribute copies of the Original Work and Derivative Works to the public;
d) to perform the Original Work publicly; and
e) to display the Original Work publicly.
2) Grant of Patent License. Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, sublicenseable license, under patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor, to make, use, sell and offer for sale the Original Work and Derivative Works.
3) Grant of Source Code License. The term "Source Code" means the preferred form of the Original Work for making modifications to it and all available documentation describing how to modify the Original Work. Licensor hereby agrees to provide a machine-readable copy of the Source Code of the Original Work along with each copy of the Original Work that Licensor distributes. Licensor reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to distribute the Original Work, and by publishing the address of that information repository in a notice immediately following the copyright notice that applies to the Original Work.
4) Exclusions From License Grant. Neither the names of Licensor, nor the names of any contributors to the Original Work, nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Original Work without express prior written permission of the Licensor. Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor except as expressly stated herein. No patent license is granted to make, use, sell or offer to sell embodiments of any patent claims other than the licensed claims defined in Section 2. No right is granted to the trademarks of Licensor even if such marks are included in the Original Work. Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this License any Original Work that Licensor otherwise would have a right to license.
2) Grant of Patent License. Licensor hereby grants You a world-wide, royalty-free,
non-exclusive, perpetual, sublicenseable license, under patent claims owned
or controlled by the Licensor that are embodied in the Original Work as furnished
by the Licensor, to make, use, sell and offer for sale the Original Work and
Derivative Works.
3) Grant of Source Code License. The term "Source Code" means the preferred
form of the Original Work for making modifications to it and all available
documentation describing how to modify the Original Work. Licensor hereby
agrees to provide a machine-readable copy of the Source Code of the Original
Work along with each copy of the Original Work that Licensor distributes.
Licensor reserves the right to satisfy this obligation by placing a machine-readable
copy of the Source Code in an information repository reasonably calculated
to permit inexpensive and convenient access by You for as long as Licensor
continues to distribute the Original Work, and by publishing the address of
that information repository in a notice immediately following the copyright
notice that applies to the Original Work.
4) Exclusions From License Grant. Neither the names of Licensor, nor the names
of any contributors to the Original Work, nor any of their trademarks or service
marks, may be used to endorse or promote products derived from this Original
Work without express prior written permission of the Licensor. Nothing in
this License shall be deemed to grant any rights to trademarks, copyrights,
patents, trade secrets or any other intellectual property of Licensor except
as expressly stated herein. No patent license is granted to make, use, sell
or offer to sell embodiments of any patent claims other than the licensed
claims defined in Section 2. No right is granted to the trademarks of Licensor
even if such marks are included in the Original Work. Nothing in this License
shall be interpreted to prohibit Licensor from licensing under different terms
from this License any Original Work that Licensor otherwise would have a right
to license.
5) This section intentionally omitted.
6) Attribution Rights. You must retain, in the Source Code of any Derivative Works that You create, all copyright, patent or trademark notices from the Source Code of the Original Work, as well as any notices of licensing and any descriptive text identified therein as an "Attribution Notice." You must cause the Source Code for any Derivative Works that You create to carry a prominent Attribution Notice reasonably calculated to inform recipients that You have modified the Original Work.
7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that the copyright in and to the Original Work and the patent rights granted herein by Licensor are owned by the Licensor or are sublicensed to You under the terms of this License with the permission of the contributor(s) of those copyrights and patent rights. Except as expressly stated in the immediately proceeding sentence, the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No license to Original Work is granted hereunder except under this disclaimer.
8) Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to any person for any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or the use of the Original Work including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to liability for death or personal injury resulting from Licensor's negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You.
9) Acceptance and Termination. If You distribute copies of the Original Work or a Derivative Work, You must make a reasonable effort under the circumstances to obtain the express assent of recipients to the terms of this License. Nothing else but this License (or another written agreement between Licensor and You) grants You permission to create Derivative Works based upon the Original Work or to exercise any of the rights granted in Section 1 herein, and any attempt to do so except under the terms of this License (or another written agreement between Licensor and You) is expressly prohibited by U.S. copyright law, the equivalent laws of other countries, and by international treaty. Therefore, by exercising any of the rights granted to You in Section 1 herein, You indicate Your acceptance of this License and all of its terms and conditions.
10) Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, against Licensor or any licensee alleging that the Original Work infringes a patent. This termination provision shall not apply for an action alleging patent infringement by combinations of the Original Work with other software or hardware.
11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this License may be brought only in the courts of a jurisdiction wherein the Licensor resides or in which Licensor conducts its primary business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Original Work outside the scope of this License or after its termination shall be subject to the requirements and penalties of the U.S. Copyright Act, 17 U.S.C. § 101 et seq., the equivalent laws of other countries, and international treaty. This section shall survive the termination of this License.
12) Attorneys Fees. In any action to enforce the terms of this License or seeking damages relating thereto, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys' fees and costs incurred in connection with such action, including any appeal of such action. This section shall survive the termination of this License.
13) Miscellaneous. This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
14) Definition of "You" in This License. "You" throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
15) Right to Use. You may use the Original Work in all ways not otherwise restricted or conditioned by this License or by law, and Licensor promises not to interfere with or be responsible for such uses by You.
6) Attribution Rights. You must retain, in the Source Code of any Derivative
Works that You create, all copyright, patent or trademark notices from the
Source Code of the Original Work, as well as any notices of licensing and
any descriptive text identified therein as an "Attribution Notice." You must
cause the Source Code for any Derivative Works that You create to carry a
prominent Attribution Notice reasonably calculated to inform recipients that
You have modified the Original Work.
7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that
the copyright in and to the Original Work and the patent rights granted herein
by Licensor are owned by the Licensor or are sublicensed to You under the
terms of this License with the permission of the contributor(s) of those copyrights
and patent rights. Except as expressly stated in the immediately proceeding
sentence, the Original Work is provided under this License on an "AS IS" BASIS
and WITHOUT WARRANTY, either express or implied, including, without limitation,
the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU.
This DISCLAIMER OF WARRANTY constitutes an essential part of this License.
No license to Original Work is granted hereunder except under this disclaimer.
8) Limitation of Liability. Under no circumstances and under no legal theory,
whether in tort (including negligence), contract, or otherwise, shall the
Licensor be liable to any person for any direct, indirect, special, incidental,
or consequential damages of any character arising as a result of this License
or the use of the Original Work including, without limitation, damages for
loss of goodwill, work stoppage, computer failure or malfunction, or any and
all other commercial damages or losses. This limitation of liability shall
not apply to liability for death or personal injury resulting from Licensor's
negligence to the extent applicable law prohibits such limitation. Some jurisdictions
do not allow the exclusion or limitation of incidental or consequential damages,
so this exclusion and limitation may not apply to You.
9) Acceptance and Termination. If You distribute copies of the Original Work
or a Derivative Work, You must make a reasonable effort under the circumstances
to obtain the express assent of recipients to the terms of this License. Nothing
else but this License (or another written agreement between Licensor and You)
grants You permission to create Derivative Works based upon the Original Work
or to exercise any of the rights granted in Section 1 herein, and any attempt
to do so except under the terms of this License (or another written agreement
between Licensor and You) is expressly prohibited by U.S. copyright law, the
equivalent laws of other countries, and by international treaty. Therefore,
by exercising any of the rights granted to You in Section 1 herein, You indicate
Your acceptance of this License and all of its terms and conditions.
10) Termination for Patent Action. This License shall terminate automatically
and You may no longer exercise any of the rights granted to You by this License
as of the date You commence an action, including a cross-claim or counterclaim,
against Licensor or any licensee alleging that the Original Work infringes
a patent. This termination provision shall not apply for an action alleging
patent infringement by combinations of the Original Work with other software
or hardware.
11) Jurisdiction, Venue and Governing Law. Any action or suit relating to
this License may be brought only in the courts of a jurisdiction wherein the
Licensor resides or in which Licensor conducts its primary business, and under
the laws of that jurisdiction excluding its conflict-of-law provisions. The
application of the United Nations Convention on Contracts for the International
Sale of Goods is expressly excluded. Any use of the Original Work outside
the scope of this License or after its termination shall be subject to the
requirements and penalties of the U.S. Copyright Act, 17 U.S.C. § 101 et seq.,
the equivalent laws of other countries, and international treaty. This section
shall survive the termination of this License.
12) Attorneys Fees. In any action to enforce the terms of this License or
seeking damages relating thereto, the prevailing party shall be entitled to
recover its costs and expenses, including, without limitation, reasonable
attorneys' fees and costs incurred in connection with such action, including
any appeal of such action. This section shall survive the termination of this
License.
13) Miscellaneous. This License represents the complete agreement concerning
the subject matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent necessary
to make it enforceable.
14) Definition of "You" in This License. "You" throughout this License, whether
in upper or lower case, means an individual or a legal entity exercising rights
under, and complying with all of the terms of, this License. For legal entities,
"You" includes any entity that controls, is controlled by, or is under common
control with you. For purposes of this definition, "control" means (i) the
power, direct or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (ii) ownership of fifty percent (50%)
or more of the outstanding shares, or (iii) beneficial ownership of such entity.
15) Right to Use. You may use the Original Work in all ways not otherwise
restricted or conditioned by this License or by law, and Licensor promises
not to interfere with or be responsible for such uses by You.
This license is Copyright (C) 2003-2004 Lawrence E. Rosen. All rights reserved.
Permission is hereby granted to copy and distribute this license without modification. This license may not be modified without the express written permission of its copyright owner.
Permission is hereby granted to copy and distribute this license without modification.
This license may not be modified without the express written permission of
its copyright owner.

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@ -1,23 +1,167 @@
Academic Free License ("AFL") v. 3.0 This Academic Free License (the "License") applies to any original work of authorship (the "Original Work") whose owner (the "Licensor") has placed the following licensing notice adjacent to the copyright notice for the Original Work:
Academic Free License ("AFL") v. 3.0 This Academic Free License (the "License")
applies to any original work of authorship (the "Original Work") whose owner
(the "Licensor") has placed the following licensing notice adjacent to the
copyright notice for the Original Work:
Licensed under the Academic Free License version 3.0
1) Grant of Copyright License. Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable license, for the duration of the copyright, to do the following:
a) to reproduce the Original Work in copies, either alone or as part of a collective work;
b) to translate, adapt, alter, transform, modify, or arrange the Original Work, thereby creating derivative works ("Derivative Works") based upon the Original Work;
c) to distribute or communicate copies of the Original Work and Derivative Works to the public, under any license of your choice that does not contradict the terms and conditions, including Licensor's reserved rights and remedies, in this Academic Free License;
1) Grant of Copyright License. Licensor grants You a worldwide, royalty-free,
non-exclusive, sublicensable license, for the duration of the copyright, to
do the following:
a) to reproduce the Original Work in copies, either alone or as part of a
collective work;
b) to translate, adapt, alter, transform, modify, or arrange the Original
Work, thereby creating derivative works ("Derivative Works") based upon the
Original Work;
c) to distribute or communicate copies of the Original Work and Derivative
Works to the public, under any license of your choice that does not contradict
the terms and conditions, including Licensor's reserved rights and remedies,
in this Academic Free License;
d) to perform the Original Work publicly; and
e) to display the Original Work publicly.
2) Grant of Patent License. Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable license, under patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor, for the duration of the patents, to make, use, sell, offer for sale, have made, and import the Original Work and Derivative Works.
3) Grant of Source Code License. The term "Source Code" means the preferred form of the Original Work for making modifications to it and all available documentation describing how to modify the Original Work. Licensor agrees to provide a machine-readable copy of the Source Code of the Original Work along with each copy of the Original Work that Licensor distributes. Licensor reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to distribute the Original Work.
4) Exclusions From License Grant. Neither the names of Licensor, nor the names of any contributors to the Original Work, nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Original Work without express prior permission of the Licensor. Except as expressly stated herein, nothing in this License grants any license to Licensor's trademarks, copyrights, patents, trade secrets or any other intellectual property. No patent license is granted to make, use, sell, offer for sale, have made, or import embodiments of any patent claims other than the licensed claims defined in Section 2. No license is granted to the trademarks of Licensor even if such marks are included in the Original Work. Nothing in this License shall be interpreted to prohibit Licensor from licensing under terms different from this License any Original Work that Licensor otherwise would have a right to license.
5) External Deployment. The term "External Deployment" means the use, distribution, or communication of the Original Work or Derivative Works in any way such that the Original Work or Derivative Works may be used by anyone other than You, whether those works are distributed or communicated to those persons or made available as an application intended for use over a network. As an express condition for the grants of license hereunder, You must treat any External Deployment by You of the Original Work or a Derivative Work as a distribution under section 1(c).
6) Attribution Rights. You must retain, in the Source Code of any Derivative Works that You create, all copyright, patent, or trademark notices from the Source Code of the Original Work, as well as any notices of licensing and any descriptive text identified therein as an "Attribution Notice." You must cause the Source Code for any Derivative Works that You create to carry a prominent Attribution Notice reasonably calculated to inform recipients that You have modified the Original Work.
7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that the copyright in and to the Original Work and the patent rights granted herein by Licensor are owned by the Licensor or are sublicensed to You under the terms of this License with the permission of the contributor(s) of those copyrights and patent rights. Except as expressly stated in the immediately preceding sentence, the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of non-infringement, merchantability or fitness for a particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No license to the Original Work is granted by this License except under this disclaimer.
8) Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to anyone for any indirect, special, incidental, or consequential damages of any character arising as a result of this License or the use of the Original Work including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to the extent applicable law prohibits such limitation.
9) Acceptance and Termination. If, at any time, You expressly assented to this License, that assent indicates your clear and irrevocable acceptance of this License and all of its terms and conditions. If You distribute or communicate copies of the Original Work or a Derivative Work, You must make a reasonable effort under the circumstances to obtain the express assent of recipients to the terms of this License. This License conditions your rights to undertake the activities listed in Section 1, including your right to create Derivative Works based upon the Original Work, and doing so without honoring these terms and conditions is prohibited by copyright law and international treaty. Nothing in this License is intended to affect copyright exceptions and limitations (including "fair use" or "fair dealing"). This License shall terminate immediately and You may no longer exercise any of the rights granted to You by this License upon your failure to honor the conditions in Section 1(c).
10) Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, against Licensor or any licensee alleging that the Original Work infringes a patent. This termination provision shall not apply for an action alleging patent infringement by combinations of the Original Work with other software or hardware.
11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this License may be brought only in the courts of a jurisdiction wherein the Licensor resides or in which Licensor conducts its primary business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Original Work outside the scope of this License or after its termination shall be subject to the requirements and penalties of copyright or patent law in the appropriate jurisdiction. This section shall survive the termination of this License.
12) Attorneys' Fees. In any action to enforce the terms of this License or seeking damages relating thereto, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys' fees and costs incurred in connection with such action, including any appeal of such action. This section shall survive the termination of this License.
13) Miscellaneous. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
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View File

@ -1,123 +1,614 @@
GNU AFFERO GENERAL PUBLIC LICENSE
Version 3, 19 November 2007
Copyright (C) 2007 Free Software Foundation, Inc. <http s ://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
Everyone is permitted to copy and distribute verbatim copies of this license
document, but changing it is not allowed.
Preamble
The GNU Affero General Public License is a free, copyleft license for software and other kinds of works, specifically designed to ensure cooperation with the community in the case of network server software.
The licenses for most software and other practical works are designed to take away your freedom to share and change the works. By contrast, our General Public Licenses are intended to guarantee your freedom to share and change all versions of a program--to make sure it remains free software for all its users.
When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for them if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs, and that you know you can do these things.
Developers that use our General Public Licenses protect your rights with two steps: (1) assert copyright on the software, and (2) offer you this License which gives you legal permission to copy, distribute and/or modify the software.
A secondary benefit of defending all users' freedom is that improvements made in alternate versions of the program, if they receive widespread use, become available for other developers to incorporate. Many developers of free software are heartened and encouraged by the resulting cooperation. However, in the case of software used on network servers, this result may fail to come about. The GNU General Public License permits making a modified version and letting the public access it on a server without ever releasing its source code to the public.
The GNU Affero General Public License is designed specifically to ensure that, in such cases, the modified source code becomes available to the community. It requires the operator of a network server to provide the source code of the modified version running there to the users of that server. Therefore, public use of a modified version, on a publicly accessible server, gives the public access to the source code of the modified version.
An older license, called the Affero General Public License and published by Affero, was designed to accomplish similar goals. This is a different license, not a version of the Affero GPL, but Affero has released a new version of the Affero GPL which permits relicensing under this license.
The precise terms and conditions for copying, distribution and modification follow.
The GNU Affero General Public License is a free, copyleft license for software
and other kinds of works, specifically designed to ensure cooperation with
the community in the case of network server software.
The licenses for most software and other practical works are designed to take
away your freedom to share and change the works. By contrast, our General
Public Licenses are intended to guarantee your freedom to share and change
all versions of a program--to make sure it remains free software for all its
users.
When we speak of free software, we are referring to freedom, not price. Our
General Public Licenses are designed to make sure that you have the freedom
to distribute copies of free software (and charge for them if you wish), that
you receive source code or can get it if you want it, that you can change
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can do these things.
Developers that use our General Public Licenses protect your rights with two
steps: (1) assert copyright on the software, and (2) offer you this License
which gives you legal permission to copy, distribute and/or modify the software.
A secondary benefit of defending all users' freedom is that improvements made
in alternate versions of the program, if they receive widespread use, become
available for other developers to incorporate. Many developers of free software
are heartened and encouraged by the resulting cooperation. However, in the
case of software used on network servers, this result may fail to come about.
The GNU General Public License permits making a modified version and letting
the public access it on a server without ever releasing its source code to
the public.
The GNU Affero General Public License is designed specifically to ensure that,
in such cases, the modified source code becomes available to the community.
It requires the operator of a network server to provide the source code of
the modified version running there to the users of that server. Therefore,
public use of a modified version, on a publicly accessible server, gives the
public access to the source code of the modified version.
An older license, called the Affero General Public License and published by
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A "User Product" is either (1) a "consumer product", which means any tangible personal property which is normally used for personal, family, or household purposes, or (2) anything designed or sold for incorporation into a dwelling. In determining whether a product is a consumer product, doubtful cases shall be resolved in favor of coverage. For a particular product received by a particular user, "normally used" refers to a typical or common use of that class of product, regardless of the status of the particular user or of the way in which the particular user actually uses, or expects or is expected to use, the product. A product is a consumer product regardless of whether the product has substantial commercial, industrial or non-consumer uses, unless such uses represent the only significant mode of use of the product.
"Installation Information" for a User Product means any methods, procedures, authorization keys, or other information required to install and execute modified versions of a covered work in that User Product from a modified version of its Corresponding Source. The information must suffice to ensure that the continued functioning of the modified object code is in no case prevented or interfered with solely because modification has been made.
If you convey an object code work under this section in, or with, or specifically for use in, a User Product, and the conveying occurs as part of a transaction in which the right of possession and use of the User Product is transferred to the recipient in perpetuity or for a fixed term (regardless of how the transaction is characterized), the Corresponding Source conveyed under this section must be accompanied by the Installation Information. But this requirement does not apply if neither you nor any third party retains the ability to install modified object code on the User Product (for example, the work has been installed in ROM).
The requirement to provide Installation Information does not include a requirement to continue to provide support service, warranty, or updates for a work that has been modified or installed by the recipient, or for the User Product in which it has been modified or installed. Access to a network may be denied when the modification itself materially and adversely affects the operation of the network or violates the rules and protocols for communication across the network.
Corresponding Source conveyed, and Installation Information provided, in accord with this section must be in a format that is publicly documented (and with an implementation available to the public in source code form), and must require no special password or key for unpacking, reading or copying.
You may convey a covered work in object code form under the terms of sections
4 and 5, provided that you also convey the machine-readable Corresponding
Source under the terms of this License, in one of these ways:
a) Convey the object code in, or embodied in, a physical product (including
a physical distribution medium), accompanied by the Corresponding Source fixed
on a durable physical medium customarily used for software interchange.
b) Convey the object code in, or embodied in, a physical product (including
a physical distribution medium), accompanied by a written offer, valid for
at least three years and valid for as long as you offer spare parts or customer
support for that product model, to give anyone who possesses the object code
either (1) a copy of the Corresponding Source for all the software in the
product that is covered by this License, on a durable physical medium customarily
used for software interchange, for a price no more than your reasonable cost
of physically performing this conveying of source, or (2) access to copy the
Corresponding Source from a network server at no charge.
c) Convey individual copies of the object code with a copy of the written
offer to provide the Corresponding Source. This alternative is allowed only
occasionally and noncommercially, and only if you received the object code
with such an offer, in accord with subsection 6b.
d) Convey the object code by offering access from a designated place (gratis
or for a charge), and offer equivalent access to the Corresponding Source
in the same way through the same place at no further charge. You need not
require recipients to copy the Corresponding Source along with the object
code. If the place to copy the object code is a network server, the Corresponding
Source may be on a different server (operated by you or a third party) that
supports equivalent copying facilities, provided you maintain clear directions
next to the object code saying where to find the Corresponding Source. Regardless
of what server hosts the Corresponding Source, you remain obligated to ensure
that it is available for as long as needed to satisfy these requirements.
e) Convey the object code using peer-to-peer transmission, provided you inform
other peers where the object code and Corresponding Source of the work are
being offered to the general public at no charge under subsection 6d.
A separable portion of the object code, whose source code is excluded from
the Corresponding Source as a System Library, need not be included in conveying
the object code work.
A "User Product" is either (1) a "consumer product", which means any tangible
personal property which is normally used for personal, family, or household
purposes, or (2) anything designed or sold for incorporation into a dwelling.
In determining whether a product is a consumer product, doubtful cases shall
be resolved in favor of coverage. For a particular product received by a particular
user, "normally used" refers to a typical or common use of that class of product,
regardless of the status of the particular user or of the way in which the
particular user actually uses, or expects or is expected to use, the product.
A product is a consumer product regardless of whether the product has substantial
commercial, industrial or non-consumer uses, unless such uses represent the
only significant mode of use of the product.
"Installation Information" for a User Product means any methods, procedures,
authorization keys, or other information required to install and execute modified
versions of a covered work in that User Product from a modified version of
its Corresponding Source. The information must suffice to ensure that the
continued functioning of the modified object code is in no case prevented
or interfered with solely because modification has been made.
If you convey an object code work under this section in, or with, or specifically
for use in, a User Product, and the conveying occurs as part of a transaction
in which the right of possession and use of the User Product is transferred
to the recipient in perpetuity or for a fixed term (regardless of how the
transaction is characterized), the Corresponding Source conveyed under this
section must be accompanied by the Installation Information. But this requirement
does not apply if neither you nor any third party retains the ability to install
modified object code on the User Product (for example, the work has been installed
in ROM).
The requirement to provide Installation Information does not include a requirement
to continue to provide support service, warranty, or updates for a work that
has been modified or installed by the recipient, or for the User Product in
which it has been modified or installed. Access to a network may be denied
when the modification itself materially and adversely affects the operation
of the network or violates the rules and protocols for communication across
the network.
Corresponding Source conveyed, and Installation Information provided, in accord
with this section must be in a format that is publicly documented (and with
an implementation available to the public in source code form), and must require
no special password or key for unpacking, reading or copying.
7. Additional Terms.
"Additional permissions" are terms that supplement the terms of this License by making exceptions from one or more of its conditions. Additional permissions that are applicable to the entire Program shall be treated as though they were included in this License, to the extent that they are valid under applicable law. If additional permissions apply only to part of the Program, that part may be used separately under those permissions, but the entire Program remains governed by this License without regard to the additional permissions.
When you convey a copy of a covered work, you may at your option remove any additional permissions from that copy, or from any part of it. (Additional permissions may be written to require their own removal in certain cases when you modify the work.) You may place additional permissions on material, added by you to a covered work, for which you have or can give appropriate copyright permission.
Notwithstanding any other provision of this License, for material you add to a covered work, you may (if authorized by the copyright holders of that material) supplement the terms of this License with terms:
a) Disclaiming warranty or limiting liability differently from the terms of sections 15 and 16 of this License; or
b) Requiring preservation of specified reasonable legal notices or author attributions in that material or in the Appropriate Legal Notices displayed by works containing it; or
c) Prohibiting misrepresentation of the origin of that material, or requiring that modified versions of such material be marked in reasonable ways as different from the original version; or
d) Limiting the use for publicity purposes of names of licensors or authors of the material; or
e) Declining to grant rights under trademark law for use of some trade names, trademarks, or service marks; or
f) Requiring indemnification of licensors and authors of that material by anyone who conveys the material (or modified versions of it) with contractual assumptions of liability to the recipient, for any liability that these contractual assumptions directly impose on those licensors and authors.
All other non-permissive additional terms are considered "further restrictions" within the meaning of section 10. If the Program as you received it, or any part of it, contains a notice stating that it is governed by this License along with a term that is a further restriction, you may remove that term. If a license document contains a further restriction but permits relicensing or conveying under this License, you may add to a covered work material governed by the terms of that license document, provided that the further restriction does not survive such relicensing or conveying.
If you add terms to a covered work in accord with this section, you must place, in the relevant source files, a statement of the additional terms that apply to those files, or a notice indicating where to find the applicable terms.
Additional terms, permissive or non-permissive, may be stated in the form of a separately written license, or stated as exceptions; the above requirements apply either way.
"Additional permissions" are terms that supplement the terms of this License
by making exceptions from one or more of its conditions. Additional permissions
that are applicable to the entire Program shall be treated as though they
were included in this License, to the extent that they are valid under applicable
law. If additional permissions apply only to part of the Program, that part
may be used separately under those permissions, but the entire Program remains
governed by this License without regard to the additional permissions.
When you convey a copy of a covered work, you may at your option remove any
additional permissions from that copy, or from any part of it. (Additional
permissions may be written to require their own removal in certain cases when
you modify the work.) You may place additional permissions on material, added
by you to a covered work, for which you have or can give appropriate copyright
permission.
Notwithstanding any other provision of this License, for material you add
to a covered work, you may (if authorized by the copyright holders of that
material) supplement the terms of this License with terms:
a) Disclaiming warranty or limiting liability differently from the terms of
sections 15 and 16 of this License; or
b) Requiring preservation of specified reasonable legal notices or author
attributions in that material or in the Appropriate Legal Notices displayed
by works containing it; or
c) Prohibiting misrepresentation of the origin of that material, or requiring
that modified versions of such material be marked in reasonable ways as different
from the original version; or
d) Limiting the use for publicity purposes of names of licensors or authors
of the material; or
e) Declining to grant rights under trademark law for use of some trade names,
trademarks, or service marks; or
f) Requiring indemnification of licensors and authors of that material by
anyone who conveys the material (or modified versions of it) with contractual
assumptions of liability to the recipient, for any liability that these contractual
assumptions directly impose on those licensors and authors.
All other non-permissive additional terms are considered "further restrictions"
within the meaning of section 10. If the Program as you received it, or any
part of it, contains a notice stating that it is governed by this License
along with a term that is a further restriction, you may remove that term.
If a license document contains a further restriction but permits relicensing
or conveying under this License, you may add to a covered work material governed
by the terms of that license document, provided that the further restriction
does not survive such relicensing or conveying.
If you add terms to a covered work in accord with this section, you must place,
in the relevant source files, a statement of the additional terms that apply
to those files, or a notice indicating where to find the applicable terms.
Additional terms, permissive or non-permissive, may be stated in the form
of a separately written license, or stated as exceptions; the above requirements
apply either way.
8. Termination.
You may not propagate or modify a covered work except as expressly provided under this License. Any attempt otherwise to propagate or modify it is void, and will automatically terminate your rights under this License (including any patent licenses granted under the third paragraph of section 11).
However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation.
Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice.
Termination of your rights under this section does not terminate the licenses of parties who have received copies or rights from you under this License. If your rights have been terminated and not permanently reinstated, you do not qualify to receive new licenses for the same material under section 10.
You may not propagate or modify a covered work except as expressly provided
under this License. Any attempt otherwise to propagate or modify it is void,
and will automatically terminate your rights under this License (including
any patent licenses granted under the third paragraph of section 11).
However, if you cease all violation of this License, then your license from
a particular copyright holder is reinstated (a) provisionally, unless and
until the copyright holder explicitly and finally terminates your license,
and (b) permanently, if the copyright holder fails to notify you of the violation
by some reasonable means prior to 60 days after the cessation.
Moreover, your license from a particular copyright holder is reinstated permanently
if the copyright holder notifies you of the violation by some reasonable means,
this is the first time you have received notice of violation of this License
(for any work) from that copyright holder, and you cure the violation prior
to 30 days after your receipt of the notice.
Termination of your rights under this section does not terminate the licenses
of parties who have received copies or rights from you under this License.
If your rights have been terminated and not permanently reinstated, you do
not qualify to receive new licenses for the same material under section 10.
9. Acceptance Not Required for Having Copies.
You are not required to accept this License in order to receive or run a copy of the Program. Ancillary propagation of a covered work occurring solely as a consequence of using peer-to-peer transmission to receive a copy likewise does not require acceptance. However, nothing other than this License grants you permission to propagate or modify any covered work. These actions infringe copyright if you do not accept this License. Therefore, by modifying or propagating a covered work, you indicate your acceptance of this License to do so.
You are not required to accept this License in order to receive or run a copy
of the Program. Ancillary propagation of a covered work occurring solely as
a consequence of using peer-to-peer transmission to receive a copy likewise
does not require acceptance. However, nothing other than this License grants
you permission to propagate or modify any covered work. These actions infringe
copyright if you do not accept this License. Therefore, by modifying or propagating
a covered work, you indicate your acceptance of this License to do so.
10. Automatic Licensing of Downstream Recipients.
Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this License.
An "entity transaction" is a transaction transferring control of an organization, or substantially all assets of one, or subdividing an organization, or merging organizations. If propagation of a covered work results from an entity transaction, each party to that transaction who receives a copy of the work also receives whatever licenses to the work the party's predecessor in interest had or could give under the previous paragraph, plus a right to possession of the Corresponding Source of the work from the predecessor in interest, if the predecessor has it or can get it with reasonable efforts.
You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it.
Each time you convey a covered work, the recipient automatically receives
a license from the original licensors, to run, modify and propagate that work,
subject to this License. You are not responsible for enforcing compliance
by third parties with this License.
An "entity transaction" is a transaction transferring control of an organization,
or substantially all assets of one, or subdividing an organization, or merging
organizations. If propagation of a covered work results from an entity transaction,
each party to that transaction who receives a copy of the work also receives
whatever licenses to the work the party's predecessor in interest had or could
give under the previous paragraph, plus a right to possession of the Corresponding
Source of the work from the predecessor in interest, if the predecessor has
it or can get it with reasonable efforts.
You may not impose any further restrictions on the exercise of the rights
granted or affirmed under this License. For example, you may not impose a
license fee, royalty, or other charge for exercise of rights granted under
this License, and you may not initiate litigation (including a cross-claim
or counterclaim in a lawsuit) alleging that any patent claim is infringed
by making, using, selling, offering for sale, or importing the Program or
any portion of it.
11. Patents.
A "contributor" is a copyright holder who authorizes use under this License of the Program or a work on which the Program is based. The work thus licensed is called the contributor's "contributor version".
A contributor's "essential patent claims" are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a consequence of further modification of the contributor version. For purposes of this definition, "control" includes the right to grant patent sublicenses in a manner consistent with the requirements of this License.
Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version.
In the following three paragraphs, a "patent license" is any express agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to s ue for patent infringement). To "grant" such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party.
If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent
license to downstream recipients. "Knowingly relying" means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid.
If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.
A patent license is "discriminatory" if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007.
Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law.
A "contributor" is a copyright holder who authorizes use under this License
of the Program or a work on which the Program is based. The work thus licensed
is called the contributor's "contributor version".
A contributor's "essential patent claims" are all patent claims owned or controlled
by the contributor, whether already acquired or hereafter acquired, that would
be infringed by some manner, permitted by this License, of making, using,
or selling its contributor version, but do not include claims that would be
infringed only as a consequence of further modification of the contributor
version. For purposes of this definition, "control" includes the right to
grant patent sublicenses in a manner consistent with the requirements of this
License.
Each contributor grants you a non-exclusive, worldwide, royalty-free patent
license under the contributor's essential patent claims, to make, use, sell,
offer for sale, import and otherwise run, modify and propagate the contents
of its contributor version.
In the following three paragraphs, a "patent license" is any express agreement
or commitment, however denominated, not to enforce a patent (such as an express
permission to practice a patent or covenant not to s ue for patent infringement).
To "grant" such a patent license to a party means to make such an agreement
or commitment not to enforce a patent against the party.
If you convey a covered work, knowingly relying on a patent license, and the
Corresponding Source of the work is not available for anyone to copy, free
of charge and under the terms of this License, through a publicly available
network server or other readily accessible means, then you must either (1)
cause the Corresponding Source to be so available, or (2) arrange to deprive
yourself of the benefit of the patent license for this particular work, or
(3) arrange, in a manner consistent with the requirements of this License,
to extend the patent
license to downstream recipients. "Knowingly relying" means you have actual
knowledge that, but for the patent license, your conveying the covered work
in a country, or your recipient's use of the covered work in a country, would
infringe one or more identifiable patents in that country that you have reason
to believe are valid.
If, pursuant to or in connection with a single transaction or arrangement,
you convey, or propagate by procuring conveyance of, a covered work, and grant
a patent license to some of the parties receiving the covered work authorizing
them to use, propagate, modify or convey a specific copy of the covered work,
then the patent license you grant is automatically extended to all recipients
of the covered work and works based on it.
A patent license is "discriminatory" if it does not include within the scope
of its coverage, prohibits the exercise of, or is conditioned on the non-exercise
of one or more of the rights that are specifically granted under this License.
You may not convey a covered work if you are a party to an arrangement with
a third party that is in the business of distributing software, under which
you make payment to the third party based on the extent of your activity of
conveying the work, and under which the third party grants, to any of the
parties who would receive the covered work from you, a discriminatory patent
license (a) in connection with copies of the covered work conveyed by you
(or copies made from those copies), or (b) primarily for and in connection
with specific products or compilations that contain the covered work, unless
you entered into that arrangement, or that patent license was granted, prior
to 28 March 2007.
Nothing in this License shall be construed as excluding or limiting any implied
license or other defenses to infringement that may otherwise be available
to you under applicable patent law.
12. No Surrender of Others' Freedom.
If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot convey a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may
not convey it at all. For example, if you agree to terms that obligate you to collect a royalty for further conveying from those to whom you convey the Program, the only way you could satisfy both those terms and this License would be to refrain entirely from conveying the Program.
If conditions are imposed on you (whether by court order, agreement or otherwise)
that contradict the conditions of this License, they do not excuse you from
the conditions of this License. If you cannot convey a covered work so as
to satisfy simultaneously your obligations under this License and any other
pertinent obligations, then as a consequence you may
not convey it at all. For example, if you agree to terms that obligate you
to collect a royalty for further conveying from those to whom you convey the
Program, the only way you could satisfy both those terms and this License
would be to refrain entirely from conveying the Program.
13. Remote Network Interaction; Use with the GNU General Public License.
Notwithstanding any other provision of this License, if you modify the Program, your modified version must prominently offer all users interacting with it remotely through a computer network (if your version supports such interaction) an opportunity to receive the Corresponding Source of your version by providing access to the Corresponding Source from a network server at no charge, through some standard or customary means of facilitating copying of software. This Corresponding Source shall include the Corresponding Source for any work covered by version 3 of the GNU General Public License that is incorporated pursuant to the following paragraph.
Notwithstanding any other provision of this License, you have permission to link or combine any covered work with a work licensed under version 3 of the GNU General Public License into a single combined work, and to convey the resulting work. The terms of this License will continue to apply to the part which is the covered work, but the work with which it is combined will remain governed by version 3 of the GNU General Public License.
Notwithstanding any other provision of this License, if you modify the Program,
your modified version must prominently offer all users interacting with it
remotely through a computer network (if your version supports such interaction)
an opportunity to receive the Corresponding Source of your version by providing
access to the Corresponding Source from a network server at no charge, through
some standard or customary means of facilitating copying of software. This
Corresponding Source shall include the Corresponding Source for any work covered
by version 3 of the GNU General Public License that is incorporated pursuant
to the following paragraph.
Notwithstanding any other provision of this License, you have permission to
link or combine any covered work with a work licensed under version 3 of the
GNU General Public License into a single combined work, and to convey the
resulting work. The terms of this License will continue to apply to the part
which is the covered work, but the work with which it is combined will remain
governed by version 3 of the GNU General Public License.
14. Revised Versions of this License.
The Free Software Foundation may publish revised and/or new versions of the GNU Affero General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Program specifies that a certain numbered version of the GNU Affero General Public License "or any later version" applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of the GNU Affero General Public License, you may choose any version ever published by the Free Software Foundation.
If the Program specifies that a proxy can decide which future versions of the GNU Affero General Public License can be used, that proxy's public statement of acceptance of a version permanently authorizes you to choose that version for the Program.
Later license versions may give you additional or different permissions. However, no additional obligations are imposed on any author or copyright holder as a result of your choosing to follow a later version.
The Free Software Foundation may publish revised and/or new versions of the
GNU Affero General Public License from time to time. Such new versions will
be similar in spirit to the present version, but may differ in detail to address
new problems or concerns.
Each version is given a distinguishing version number. If the Program specifies
that a certain numbered version of the GNU Affero General Public License "or
any later version" applies to it, you have the option of following the terms
and conditions either of that numbered version or of any later version published
by the Free Software Foundation. If the Program does not specify a version
number of the GNU Affero General Public License, you may choose any version
ever published by the Free Software Foundation.
If the Program specifies that a proxy can decide which future versions of
the GNU Affero General Public License can be used, that proxy's public statement
of acceptance of a version permanently authorizes you to choose that version
for the Program.
Later license versions may give you additional or different permissions. However,
no additional obligations are imposed on any author or copyright holder as
a result of your choosing to follow a later version.
15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE
LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR
OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM
PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION.
16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL
ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM
AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO
USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED
INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE
PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. Interpretation of Sections 15 and 16.
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee. END OF TERMS AND CONDITIONS
If the disclaimer of warranty and limitation of liability provided above cannot
be given local legal effect according to their terms, reviewing courts shall
apply local law that most closely approximates an absolute waiver of all civil
liability in connection with the Program, unless a warranty or assumption
of liability accompanies a copy of the Program in return for a fee. END OF
TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively state the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.
If you develop a new program, and you want it to be of the greatest possible
use to the public, the best way to achieve this is to make it free software
which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest to attach
them to the start of each source file to most effectively state the exclusion
of warranty; and each file should have at least the "copyright" line and a
pointer to where the full notice is found.
<one line to give the program's name and a brief idea of what it does.>
Copyright (C) <year> <name of author>
This program is free software: you can redistribute it and/or modify it under the terms of the GNU Affero General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version.
This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Affero General Public License for more details.
You should have received a copy of the GNU Affero General Public License along with this program. If not, see <http s ://www.gnu.org/licenses/>.
This program is free software: you can redistribute it and/or modify it under
the terms of the GNU Affero General Public License as published by the Free
Software Foundation, either version 3 of the License, or (at your option)
any later version.
This program is distributed in the hope that it will be useful, but WITHOUT
ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS
FOR A PARTICULAR PURPOSE. See the GNU Affero General Public License for more
details.
You should have received a copy of the GNU Affero General Public License along
with this program. If not, see <http s ://www.gnu.org/licenses/>.
Also add information on how to contact you by electronic and paper mail.
If your software can interact with users remotely through a computer network, you should also make sure that it provides a way for users to get its source. For example, if your program is a web application, its interface could display a "Source" link that leads users to an archive of the code. There are many ways you could offer source, and different solutions will be better for different programs; see section 13 for the specific requirements.
You should also get your employer (if you work as a programmer) or school, if any, to sign a "copyright disclaimer" for the program, if necessary. For more information on this, and how to apply and follow the GNU AGPL, see <http s ://www.gnu.org/licenses/>.
If your software can interact with users remotely through a computer network,
you should also make sure that it provides a way for users to get its source.
For example, if your program is a web application, its interface could display
a "Source" link that leads users to an archive of the code. There are many
ways you could offer source, and different solutions will be better for different
programs; see section 13 for the specific requirements.
You should also get your employer (if you work as a programmer) or school,
if any, to sign a "copyright disclaimer" for the program, if necessary. For
more information on this, and how to apply and follow the GNU AGPL, see <http
s ://www.gnu.org/licenses/>.

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@ -1,123 +1,614 @@
GNU AFFERO GENERAL PUBLIC LICENSE
Version 3, 19 November 2007
Copyright (C) 2007 Free Software Foundation, Inc. <http s ://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
Everyone is permitted to copy and distribute verbatim copies of this license
document, but changing it is not allowed.
Preamble
The GNU Affero General Public License is a free, copyleft license for software and other kinds of works, specifically designed to ensure cooperation with the community in the case of network server software.
The licenses for most software and other practical works are designed to take away your freedom to share and change the works. By contrast, our General Public Licenses are intended to guarantee your freedom to share and change all versions of a program--to make sure it remains free software for all its users.
When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for them if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs, and that you know you can do these things.
Developers that use our General Public Licenses protect your rights with two steps: (1) assert copyright on the software, and (2) offer you this License which gives you legal permission to copy, distribute and/or modify the software.
A secondary benefit of defending all users' freedom is that improvements made in alternate versions of the program, if they receive widespread use, become available for other developers to incorporate. Many developers of free software are heartened and encouraged by the resulting cooperation. However, in the case of software used on network servers, this result may fail to come about. The GNU General Public License permits making a modified version and letting the public access it on a server without ever releasing its source code to the public.
The GNU Affero General Public License is designed specifically to ensure that, in such cases, the modified source code becomes available to the community. It requires the operator of a network server to provide the source code of the modified version running there to the users of that server. Therefore, public use of a modified version, on a publicly accessible server, gives the public access to the source code of the modified version.
An older license, called the Affero General Public License and published by Affero, was designed to accomplish similar goals. This is a different license, not a version of the Affero GPL, but Affero has released a new version of the Affero GPL which permits relicensing under this license.
The precise terms and conditions for copying, distribution and modification follow.
The GNU Affero General Public License is a free, copyleft license for software
and other kinds of works, specifically designed to ensure cooperation with
the community in the case of network server software.
The licenses for most software and other practical works are designed to take
away your freedom to share and change the works. By contrast, our General
Public Licenses are intended to guarantee your freedom to share and change
all versions of a program--to make sure it remains free software for all its
users.
When we speak of free software, we are referring to freedom, not price. Our
General Public Licenses are designed to make sure that you have the freedom
to distribute copies of free software (and charge for them if you wish), that
you receive source code or can get it if you want it, that you can change
the software or use pieces of it in new free programs, and that you know you
can do these things.
Developers that use our General Public Licenses protect your rights with two
steps: (1) assert copyright on the software, and (2) offer you this License
which gives you legal permission to copy, distribute and/or modify the software.
A secondary benefit of defending all users' freedom is that improvements made
in alternate versions of the program, if they receive widespread use, become
available for other developers to incorporate. Many developers of free software
are heartened and encouraged by the resulting cooperation. However, in the
case of software used on network servers, this result may fail to come about.
The GNU General Public License permits making a modified version and letting
the public access it on a server without ever releasing its source code to
the public.
The GNU Affero General Public License is designed specifically to ensure that,
in such cases, the modified source code becomes available to the community.
It requires the operator of a network server to provide the source code of
the modified version running there to the users of that server. Therefore,
public use of a modified version, on a publicly accessible server, gives the
public access to the source code of the modified version.
An older license, called the Affero General Public License and published by
Affero, was designed to accomplish similar goals. This is a different license,
not a version of the Affero GPL, but Affero has released a new version of
the Affero GPL which permits relicensing under this license.
The precise terms and conditions for copying, distribution and modification
follow.
TERMS AND CONDITIONS
0. Definitions.
"This License" refers to version 3 of the GNU Affero General Public License.
"Copyright" also means copyright-like laws that apply to other kinds of works, such as semiconductor masks.
"The Program" refers to any copyrightable work licensed under this License. Each licensee is addressed as "you". "Licensees" and "recipients" may be individuals or organizations.
To "modify" a work means to copy from or adapt all or part of the work in a fashion requiring copyright permission, other than the making of an exact copy. The resulting work is called a "modified version" of the earlier work or a work "based on" the earlier work.
A "covered work" means either the unmodified Program or a work based on the Program.
To "propagate" a work means to do anything with it that, without permission, would make you directly or secondarily liable for infringement under applicable copyright law, except executing it on a computer or modifying a private copy. Propagation includes copying, distribution (with or without modification), making available to the public, and in some countries other activities as well.
To "convey" a work means any kind of propagation that enables other parties to make or receive copies. Mere interaction with a user through a computer network, with no transfer of a copy, is not conveying.
An interactive user interface displays "Appropriate Legal Notices" to the extent that it includes a convenient and prominently visible feature that (1) displays an appropriate copyright notice, and (2) tells the user that there is no warranty for the work (except to the extent that warranties are provided), that licensees may convey the work under this License, and how to view a copy of this License. If the interface presents a list of user commands or options, such as a menu, a prominent item in the list meets this criterion.
"Copyright" also means copyright-like laws that apply to other kinds of works,
such as semiconductor masks.
"The Program" refers to any copyrightable work licensed under this License.
Each licensee is addressed as "you". "Licensees" and "recipients" may be individuals
or organizations.
To "modify" a work means to copy from or adapt all or part of the work in
a fashion requiring copyright permission, other than the making of an exact
copy. The resulting work is called a "modified version" of the earlier work
or a work "based on" the earlier work.
A "covered work" means either the unmodified Program or a work based on the
Program.
To "propagate" a work means to do anything with it that, without permission,
would make you directly or secondarily liable for infringement under applicable
copyright law, except executing it on a computer or modifying a private copy.
Propagation includes copying, distribution (with or without modification),
making available to the public, and in some countries other activities as
well.
To "convey" a work means any kind of propagation that enables other parties
to make or receive copies. Mere interaction with a user through a computer
network, with no transfer of a copy, is not conveying.
An interactive user interface displays "Appropriate Legal Notices" to the
extent that it includes a convenient and prominently visible feature that
(1) displays an appropriate copyright notice, and (2) tells the user that
there is no warranty for the work (except to the extent that warranties are
provided), that licensees may convey the work under this License, and how
to view a copy of this License. If the interface presents a list of user commands
or options, such as a menu, a prominent item in the list meets this criterion.
1. Source Code.
The "source code" for a work means the preferred form of the work for making modifications to it. "Object code" means any non-source form of a work.
A "Standard Interface" means an interface that either is an official standard defined by a recognized standards body, or, in the case of interfaces specified for a particular programming language, one that is widely used among developers working in that language.
The "System Libraries" of an executable work include anything, other than the work as a whole, that (a) is included in the normal form of packaging a Major Component, but which is not part of that Major Component, and (b) serves only to enable use of the work with that Major Component, or to implement a Standard Interface for which an implementation is available to the public in source code form. A "Major Component", in this context, means a major essential component (kernel, window system, and so on) of the specific operating system (if any) on which the executable work runs, or a compiler used to produce the work, or an object code interpreter used to run it.
The "Corresponding Source" for a work in object code form means all the source code needed to generate, install, and (for an executable work) run the object code and to modify the work, including scripts to control those activities. However, it does not include the work's System Libraries, or general-purpose tools or generally available free programs which are used unmodified in performing those activities but which are not part of the work. For example, Corresponding Source includes interface definition files associated with source files for the work, and the source code for shared libraries and dynamically linked subprograms that the work is specifically designed to require, such as by intimate data communication or control flow between those
The "source code" for a work means the preferred form of the work for making
modifications to it. "Object code" means any non-source form of a work.
A "Standard Interface" means an interface that either is an official standard
defined by a recognized standards body, or, in the case of interfaces specified
for a particular programming language, one that is widely used among developers
working in that language.
The "System Libraries" of an executable work include anything, other than
the work as a whole, that (a) is included in the normal form of packaging
a Major Component, but which is not part of that Major Component, and (b)
serves only to enable use of the work with that Major Component, or to implement
a Standard Interface for which an implementation is available to the public
in source code form. A "Major Component", in this context, means a major essential
component (kernel, window system, and so on) of the specific operating system
(if any) on which the executable work runs, or a compiler used to produce
the work, or an object code interpreter used to run it.
The "Corresponding Source" for a work in object code form means all the source
code needed to generate, install, and (for an executable work) run the object
code and to modify the work, including scripts to control those activities.
However, it does not include the work's System Libraries, or general-purpose
tools or generally available free programs which are used unmodified in performing
those activities but which are not part of the work. For example, Corresponding
Source includes interface definition files associated with source files for
the work, and the source code for shared libraries and dynamically linked
subprograms that the work is specifically designed to require, such as by
intimate data communication or control flow between those
subprograms and other parts of the work.
The Corresponding Source need not include anything that users can regenerate automatically from other parts of the Corresponding Source.
The Corresponding Source need not include anything that users can regenerate
automatically from other parts of the Corresponding Source.
The Corresponding Source for a work in source code form is that same work.
2. Basic Permissions.
All rights granted under this License are granted for the term of copyright on the Program, and are irrevocable provided the stated conditions are met. This License explicitly affirms your unlimited permission to run the unmodified Program. The output from running a covered work is covered by this License only if the output, given its content, constitutes a covered work. This License acknowledges your rights of fair use or other equivalent, as provided by copyright law.
You may make, run and propagate covered works that you do not convey, without conditions so long as your license otherwise remains in force. You may convey covered works to others for the sole purpose of having them make modifications exclusively for you, or provide you with facilities for running those works, provided that you comply with the terms of this License in conveying all material for which you do not control copyright. Those thus making or running the covered works for you must do so exclusively on your behalf, under your direction and control, on terms that prohibit them from making any copies of your copyrighted material outside their relationship with you.
Conveying under any other circumstances is permitted solely under the conditions stated below. Sublicensing is not allowed; section 10 makes it unnecessary.
All rights granted under this License are granted for the term of copyright
on the Program, and are irrevocable provided the stated conditions are met.
This License explicitly affirms your unlimited permission to run the unmodified
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only if the output, given its content, constitutes a covered work. This License
acknowledges your rights of fair use or other equivalent, as provided by copyright
law.
You may make, run and propagate covered works that you do not convey, without
conditions so long as your license otherwise remains in force. You may convey
covered works to others for the sole purpose of having them make modifications
exclusively for you, or provide you with facilities for running those works,
provided that you comply with the terms of this License in conveying all material
for which you do not control copyright. Those thus making or running the covered
works for you must do so exclusively on your behalf, under your direction
and control, on terms that prohibit them from making any copies of your copyrighted
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Conveying under any other circumstances is permitted solely under the conditions
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3. Protecting Users' Legal Rights From Anti-Circumvention Law.
No covered work shall be deemed part of an effective technological measure under any applicable law fulfilling obligations under article 11 of the WIPO copyright treaty adopted on 20 December 1996, or similar laws prohibiting or restricting circumvention of such measures.
When you convey a covered work, you waive any legal power to forbid circumvention of technological measures to the extent such circumvention is effected by exercising rights under this License with respect to the covered work, and you disclaim any intention to limit operation or modification of the work as a means of enforcing, against the work's users, your or third parties' legal rights to forbid circumvention of technological measures.
No covered work shall be deemed part of an effective technological measure
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copyright treaty adopted on 20 December 1996, or similar laws prohibiting
or restricting circumvention of such measures.
When you convey a covered work, you waive any legal power to forbid circumvention
of technological measures to the extent such circumvention is effected by
exercising rights under this License with respect to the covered work, and
you disclaim any intention to limit operation or modification of the work
as a means of enforcing, against the work's users, your or third parties'
legal rights to forbid circumvention of technological measures.
4. Conveying Verbatim Copies.
You may convey verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice; keep intact all notices stating that this License and any non-permissive terms added in accord with section 7 apply to the code; keep intact all notices of the absence of any warranty; and give all recipients a copy of this License along with the Program.
You may charge any price or no price for each copy that you convey, and you may offer support or warranty protection for a fee.
You may convey verbatim copies of the Program's source code as you receive
it, in any medium, provided that you conspicuously and appropriately publish
on each copy an appropriate copyright notice; keep intact all notices stating
that this License and any non-permissive terms added in accord with section
7 apply to the code; keep intact all notices of the absence of any warranty;
and give all recipients a copy of this License along with the Program.
You may charge any price or no price for each copy that you convey, and you
may offer support or warranty protection for a fee.
5. Conveying Modified Source Versions.
You may convey a work based on the Program, or the modifications to produce it from the Program, in the form of source code under the terms of section 4, provided that you also meet all of these conditions:
a) The work must carry prominent notices stating that you modified it, and giving a relevant date.
b) The work must carry prominent notices stating that it is released under this License and any conditions added under section 7. This requirement modifies the requirement in section 4 to "keep intact all notices".
c) You must license the entire work, as a whole, under this License to anyone who comes into possession of a copy. This License will therefore apply, along with any applicable section 7 additional terms, to the whole of the work, and all its parts, regardless of how they are packaged. This License gives no permission to license the work in any other way, but it does not invalidate such permission if you have separately received it.
d) If the work has interactive user interfaces, each must display Appropriate Legal Notices; however, if the Program has interactive interfaces that do not display Appropriate Legal Notices, your work need not make them do so.
A compilation of a covered work with other separate and independent works, which are not by their nature extensions of the covered work, and which are not combined with it such as to form a larger program, in or on a volume of a storage or distribution medium, is called an "aggregate" if the compilation and its resulting copyright are not used to limit the access or legal rights of the compilation's users beyond what the individual works permit. Inclusion of a covered work in an aggregate does not cause this License to apply to the other parts of the aggregate.
You may convey a work based on the Program, or the modifications to produce
it from the Program, in the form of source code under the terms of section
4, provided that you also meet all of these conditions:
a) The work must carry prominent notices stating that you modified it, and
giving a relevant date.
b) The work must carry prominent notices stating that it is released under
this License and any conditions added under section 7. This requirement modifies
the requirement in section 4 to "keep intact all notices".
c) You must license the entire work, as a whole, under this License to anyone
who comes into possession of a copy. This License will therefore apply, along
with any applicable section 7 additional terms, to the whole of the work,
and all its parts, regardless of how they are packaged. This License gives
no permission to license the work in any other way, but it does not invalidate
such permission if you have separately received it.
d) If the work has interactive user interfaces, each must display Appropriate
Legal Notices; however, if the Program has interactive interfaces that do
not display Appropriate Legal Notices, your work need not make them do so.
A compilation of a covered work with other separate and independent works,
which are not by their nature extensions of the covered work, and which are
not combined with it such as to form a larger program, in or on a volume of
a storage or distribution medium, is called an "aggregate" if the compilation
and its resulting copyright are not used to limit the access or legal rights
of the compilation's users beyond what the individual works permit. Inclusion
of a covered work in an aggregate does not cause this License to apply to
the other parts of the aggregate.
6. Conveying Non-Source Forms.
You may convey a covered work in object code form under the terms of sections 4 and 5, provided that you also convey the machine-readable Corresponding Source under the terms of this License, in one of these ways:
a) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by the Corresponding Source fixed on a durable physical medium customarily used for software interchange.
b) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by a written offer, valid for at least three years and valid for as long as you offer spare parts or customer support for that product model, to give anyone who possesses the object code either (1) a copy of the Corresponding Source for all the software in the product that is covered by this License, on a durable physical medium customarily used for software interchange, for a price no more than your reasonable cost of physically performing this conveying of source, or (2) access to copy the Corresponding Source from a network server at no charge.
c) Convey individual copies of the object code with a copy of the written offer to provide the Corresponding Source. This alternative is allowed only occasionally and noncommercially, and only if you received the object code with such an offer, in accord with subsection 6b.
d) Convey the object code by offering access from a designated place (gratis or for a charge), and offer equivalent access to the Corresponding Source in the same way through the same place at no further charge. You need not require recipients to copy the Corresponding Source along with the object code. If the place to copy the object code is a network server, the Corresponding Source may be on a different server (operated by you or a third party) that supports equivalent copying facilities, provided you maintain clear directions next to the object code saying where to find the Corresponding Source. Regardless of what server hosts the Corresponding Source, you remain obligated to ensure that it is available for as long as needed to satisfy these requirements.
e) Convey the object code using peer-to-peer transmission, provided you inform other peers where the object code and Corresponding Source of the work are being offered to the general public at no charge under subsection 6d.
A separable portion of the object code, whose source code is excluded from the Corresponding Source as a System Library, need not be included in conveying the object code work.
A "User Product" is either (1) a "consumer product", which means any tangible personal property which is normally used for personal, family, or household purposes, or (2) anything designed or sold for incorporation into a dwelling. In determining whether a product is a consumer product, doubtful cases shall be resolved in favor of coverage. For a particular product received by a particular user, "normally used" refers to a typical or common use of that class of product, regardless of the status of the particular user or of the way in which the particular user actually uses, or expects or is expected to use, the product. A product is a consumer product regardless of whether the product has substantial commercial, industrial or non-consumer uses, unless such uses represent the only significant mode of use of the product.
"Installation Information" for a User Product means any methods, procedures, authorization keys, or other information required to install and execute modified versions of a covered work in that User Product from a modified version of its Corresponding Source. The information must suffice to ensure that the continued functioning of the modified object code is in no case prevented or interfered with solely because modification has been made.
If you convey an object code work under this section in, or with, or specifically for use in, a User Product, and the conveying occurs as part of a transaction in which the right of possession and use of the User Product is transferred to the recipient in perpetuity or for a fixed term (regardless of how the transaction is characterized), the Corresponding Source conveyed under this section must be accompanied by the Installation Information. But this requirement does not apply if neither you nor any third party retains the ability to install modified object code on the User Product (for example, the work has been installed in ROM).
The requirement to provide Installation Information does not include a requirement to continue to provide support service, warranty, or updates for a work that has been modified or installed by the recipient, or for the User Product in which it has been modified or installed. Access to a network may be denied when the modification itself materially and adversely affects the operation of the network or violates the rules and protocols for communication across the network.
Corresponding Source conveyed, and Installation Information provided, in accord with this section must be in a format that is publicly documented (and with an implementation available to the public in source code form), and must require no special password or key for unpacking, reading or copying.
You may convey a covered work in object code form under the terms of sections
4 and 5, provided that you also convey the machine-readable Corresponding
Source under the terms of this License, in one of these ways:
a) Convey the object code in, or embodied in, a physical product (including
a physical distribution medium), accompanied by the Corresponding Source fixed
on a durable physical medium customarily used for software interchange.
b) Convey the object code in, or embodied in, a physical product (including
a physical distribution medium), accompanied by a written offer, valid for
at least three years and valid for as long as you offer spare parts or customer
support for that product model, to give anyone who possesses the object code
either (1) a copy of the Corresponding Source for all the software in the
product that is covered by this License, on a durable physical medium customarily
used for software interchange, for a price no more than your reasonable cost
of physically performing this conveying of source, or (2) access to copy the
Corresponding Source from a network server at no charge.
c) Convey individual copies of the object code with a copy of the written
offer to provide the Corresponding Source. This alternative is allowed only
occasionally and noncommercially, and only if you received the object code
with such an offer, in accord with subsection 6b.
d) Convey the object code by offering access from a designated place (gratis
or for a charge), and offer equivalent access to the Corresponding Source
in the same way through the same place at no further charge. You need not
require recipients to copy the Corresponding Source along with the object
code. If the place to copy the object code is a network server, the Corresponding
Source may be on a different server (operated by you or a third party) that
supports equivalent copying facilities, provided you maintain clear directions
next to the object code saying where to find the Corresponding Source. Regardless
of what server hosts the Corresponding Source, you remain obligated to ensure
that it is available for as long as needed to satisfy these requirements.
e) Convey the object code using peer-to-peer transmission, provided you inform
other peers where the object code and Corresponding Source of the work are
being offered to the general public at no charge under subsection 6d.
A separable portion of the object code, whose source code is excluded from
the Corresponding Source as a System Library, need not be included in conveying
the object code work.
A "User Product" is either (1) a "consumer product", which means any tangible
personal property which is normally used for personal, family, or household
purposes, or (2) anything designed or sold for incorporation into a dwelling.
In determining whether a product is a consumer product, doubtful cases shall
be resolved in favor of coverage. For a particular product received by a particular
user, "normally used" refers to a typical or common use of that class of product,
regardless of the status of the particular user or of the way in which the
particular user actually uses, or expects or is expected to use, the product.
A product is a consumer product regardless of whether the product has substantial
commercial, industrial or non-consumer uses, unless such uses represent the
only significant mode of use of the product.
"Installation Information" for a User Product means any methods, procedures,
authorization keys, or other information required to install and execute modified
versions of a covered work in that User Product from a modified version of
its Corresponding Source. The information must suffice to ensure that the
continued functioning of the modified object code is in no case prevented
or interfered with solely because modification has been made.
If you convey an object code work under this section in, or with, or specifically
for use in, a User Product, and the conveying occurs as part of a transaction
in which the right of possession and use of the User Product is transferred
to the recipient in perpetuity or for a fixed term (regardless of how the
transaction is characterized), the Corresponding Source conveyed under this
section must be accompanied by the Installation Information. But this requirement
does not apply if neither you nor any third party retains the ability to install
modified object code on the User Product (for example, the work has been installed
in ROM).
The requirement to provide Installation Information does not include a requirement
to continue to provide support service, warranty, or updates for a work that
has been modified or installed by the recipient, or for the User Product in
which it has been modified or installed. Access to a network may be denied
when the modification itself materially and adversely affects the operation
of the network or violates the rules and protocols for communication across
the network.
Corresponding Source conveyed, and Installation Information provided, in accord
with this section must be in a format that is publicly documented (and with
an implementation available to the public in source code form), and must require
no special password or key for unpacking, reading or copying.
7. Additional Terms.
"Additional permissions" are terms that supplement the terms of this License by making exceptions from one or more of its conditions. Additional permissions that are applicable to the entire Program shall be treated as though they were included in this License, to the extent that they are valid under applicable law. If additional permissions apply only to part of the Program, that part may be used separately under those permissions, but the entire Program remains governed by this License without regard to the additional permissions.
When you convey a copy of a covered work, you may at your option remove any additional permissions from that copy, or from any part of it. (Additional permissions may be written to require their own removal in certain cases when you modify the work.) You may place additional permissions on material, added by you to a covered work, for which you have or can give appropriate copyright permission.
Notwithstanding any other provision of this License, for material you add to a covered work, you may (if authorized by the copyright holders of that material) supplement the terms of this License with terms:
a) Disclaiming warranty or limiting liability differently from the terms of sections 15 and 16 of this License; or
b) Requiring preservation of specified reasonable legal notices or author attributions in that material or in the Appropriate Legal Notices displayed by works containing it; or
c) Prohibiting misrepresentation of the origin of that material, or requiring that modified versions of such material be marked in reasonable ways as different from the original version; or
d) Limiting the use for publicity purposes of names of licensors or authors of the material; or
e) Declining to grant rights under trademark law for use of some trade names, trademarks, or service marks; or
f) Requiring indemnification of licensors and authors of that material by anyone who conveys the material (or modified versions of it) with contractual assumptions of liability to the recipient, for any liability that these contractual assumptions directly impose on those licensors and authors.
All other non-permissive additional terms are considered "further restrictions" within the meaning of section 10. If the Program as you received it, or any part of it, contains a notice stating that it is governed by this License along with a term that is a further restriction, you may remove that term. If a license document contains a further restriction but permits relicensing or conveying under this License, you may add to a covered work material governed by the terms of that license document, provided that the further restriction does not survive such relicensing or conveying.
If you add terms to a covered work in accord with this section, you must place, in the relevant source files, a statement of the additional terms that apply to those files, or a notice indicating where to find the applicable terms.
Additional terms, permissive or non-permissive, may be stated in the form of a separately written license, or stated as exceptions; the above requirements apply either way.
"Additional permissions" are terms that supplement the terms of this License
by making exceptions from one or more of its conditions. Additional permissions
that are applicable to the entire Program shall be treated as though they
were included in this License, to the extent that they are valid under applicable
law. If additional permissions apply only to part of the Program, that part
may be used separately under those permissions, but the entire Program remains
governed by this License without regard to the additional permissions.
When you convey a copy of a covered work, you may at your option remove any
additional permissions from that copy, or from any part of it. (Additional
permissions may be written to require their own removal in certain cases when
you modify the work.) You may place additional permissions on material, added
by you to a covered work, for which you have or can give appropriate copyright
permission.
Notwithstanding any other provision of this License, for material you add
to a covered work, you may (if authorized by the copyright holders of that
material) supplement the terms of this License with terms:
a) Disclaiming warranty or limiting liability differently from the terms of
sections 15 and 16 of this License; or
b) Requiring preservation of specified reasonable legal notices or author
attributions in that material or in the Appropriate Legal Notices displayed
by works containing it; or
c) Prohibiting misrepresentation of the origin of that material, or requiring
that modified versions of such material be marked in reasonable ways as different
from the original version; or
d) Limiting the use for publicity purposes of names of licensors or authors
of the material; or
e) Declining to grant rights under trademark law for use of some trade names,
trademarks, or service marks; or
f) Requiring indemnification of licensors and authors of that material by
anyone who conveys the material (or modified versions of it) with contractual
assumptions of liability to the recipient, for any liability that these contractual
assumptions directly impose on those licensors and authors.
All other non-permissive additional terms are considered "further restrictions"
within the meaning of section 10. If the Program as you received it, or any
part of it, contains a notice stating that it is governed by this License
along with a term that is a further restriction, you may remove that term.
If a license document contains a further restriction but permits relicensing
or conveying under this License, you may add to a covered work material governed
by the terms of that license document, provided that the further restriction
does not survive such relicensing or conveying.
If you add terms to a covered work in accord with this section, you must place,
in the relevant source files, a statement of the additional terms that apply
to those files, or a notice indicating where to find the applicable terms.
Additional terms, permissive or non-permissive, may be stated in the form
of a separately written license, or stated as exceptions; the above requirements
apply either way.
8. Termination.
You may not propagate or modify a covered work except as expressly provided under this License. Any attempt otherwise to propagate or modify it is void, and will automatically terminate your rights under this License (including any patent licenses granted under the third paragraph of section 11).
However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation.
Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice.
Termination of your rights under this section does not terminate the licenses of parties who have received copies or rights from you under this License. If your rights have been terminated and not permanently reinstated, you do not qualify to receive new licenses for the same material under section 10.
You may not propagate or modify a covered work except as expressly provided
under this License. Any attempt otherwise to propagate or modify it is void,
and will automatically terminate your rights under this License (including
any patent licenses granted under the third paragraph of section 11).
However, if you cease all violation of this License, then your license from
a particular copyright holder is reinstated (a) provisionally, unless and
until the copyright holder explicitly and finally terminates your license,
and (b) permanently, if the copyright holder fails to notify you of the violation
by some reasonable means prior to 60 days after the cessation.
Moreover, your license from a particular copyright holder is reinstated permanently
if the copyright holder notifies you of the violation by some reasonable means,
this is the first time you have received notice of violation of this License
(for any work) from that copyright holder, and you cure the violation prior
to 30 days after your receipt of the notice.
Termination of your rights under this section does not terminate the licenses
of parties who have received copies or rights from you under this License.
If your rights have been terminated and not permanently reinstated, you do
not qualify to receive new licenses for the same material under section 10.
9. Acceptance Not Required for Having Copies.
You are not required to accept this License in order to receive or run a copy of the Program. Ancillary propagation of a covered work occurring solely as a consequence of using peer-to-peer transmission to receive a copy likewise does not require acceptance. However, nothing other than this License grants you permission to propagate or modify any covered work. These actions infringe copyright if you do not accept this License. Therefore, by modifying or propagating a covered work, you indicate your acceptance of this License to do so.
You are not required to accept this License in order to receive or run a copy
of the Program. Ancillary propagation of a covered work occurring solely as
a consequence of using peer-to-peer transmission to receive a copy likewise
does not require acceptance. However, nothing other than this License grants
you permission to propagate or modify any covered work. These actions infringe
copyright if you do not accept this License. Therefore, by modifying or propagating
a covered work, you indicate your acceptance of this License to do so.
10. Automatic Licensing of Downstream Recipients.
Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this License.
An "entity transaction" is a transaction transferring control of an organization, or substantially all assets of one, or subdividing an organization, or merging organizations. If propagation of a covered work results from an entity transaction, each party to that transaction who receives a copy of the work also receives whatever licenses to the work the party's predecessor in interest had or could give under the previous paragraph, plus a right to possession of the Corresponding Source of the work from the predecessor in interest, if the predecessor has it or can get it with reasonable efforts.
You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it.
Each time you convey a covered work, the recipient automatically receives
a license from the original licensors, to run, modify and propagate that work,
subject to this License. You are not responsible for enforcing compliance
by third parties with this License.
An "entity transaction" is a transaction transferring control of an organization,
or substantially all assets of one, or subdividing an organization, or merging
organizations. If propagation of a covered work results from an entity transaction,
each party to that transaction who receives a copy of the work also receives
whatever licenses to the work the party's predecessor in interest had or could
give under the previous paragraph, plus a right to possession of the Corresponding
Source of the work from the predecessor in interest, if the predecessor has
it or can get it with reasonable efforts.
You may not impose any further restrictions on the exercise of the rights
granted or affirmed under this License. For example, you may not impose a
license fee, royalty, or other charge for exercise of rights granted under
this License, and you may not initiate litigation (including a cross-claim
or counterclaim in a lawsuit) alleging that any patent claim is infringed
by making, using, selling, offering for sale, or importing the Program or
any portion of it.
11. Patents.
A "contributor" is a copyright holder who authorizes use under this License of the Program or a work on which the Program is based. The work thus licensed is called the contributor's "contributor version".
A contributor's "essential patent claims" are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a consequence of further modification of the contributor version. For purposes of this definition, "control" includes the right to grant patent sublicenses in a manner consistent with the requirements of this License.
Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version.
In the following three paragraphs, a "patent license" is any express agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to s ue for patent infringement). To "grant" such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party.
If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent
license to downstream recipients. "Knowingly relying" means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid.
If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.
A patent license is "discriminatory" if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007.
Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law.
A "contributor" is a copyright holder who authorizes use under this License
of the Program or a work on which the Program is based. The work thus licensed
is called the contributor's "contributor version".
A contributor's "essential patent claims" are all patent claims owned or controlled
by the contributor, whether already acquired or hereafter acquired, that would
be infringed by some manner, permitted by this License, of making, using,
or selling its contributor version, but do not include claims that would be
infringed only as a consequence of further modification of the contributor
version. For purposes of this definition, "control" includes the right to
grant patent sublicenses in a manner consistent with the requirements of this
License.
Each contributor grants you a non-exclusive, worldwide, royalty-free patent
license under the contributor's essential patent claims, to make, use, sell,
offer for sale, import and otherwise run, modify and propagate the contents
of its contributor version.
In the following three paragraphs, a "patent license" is any express agreement
or commitment, however denominated, not to enforce a patent (such as an express
permission to practice a patent or covenant not to s ue for patent infringement).
To "grant" such a patent license to a party means to make such an agreement
or commitment not to enforce a patent against the party.
If you convey a covered work, knowingly relying on a patent license, and the
Corresponding Source of the work is not available for anyone to copy, free
of charge and under the terms of this License, through a publicly available
network server or other readily accessible means, then you must either (1)
cause the Corresponding Source to be so available, or (2) arrange to deprive
yourself of the benefit of the patent license for this particular work, or
(3) arrange, in a manner consistent with the requirements of this License,
to extend the patent
license to downstream recipients. "Knowingly relying" means you have actual
knowledge that, but for the patent license, your conveying the covered work
in a country, or your recipient's use of the covered work in a country, would
infringe one or more identifiable patents in that country that you have reason
to believe are valid.
If, pursuant to or in connection with a single transaction or arrangement,
you convey, or propagate by procuring conveyance of, a covered work, and grant
a patent license to some of the parties receiving the covered work authorizing
them to use, propagate, modify or convey a specific copy of the covered work,
then the patent license you grant is automatically extended to all recipients
of the covered work and works based on it.
A patent license is "discriminatory" if it does not include within the scope
of its coverage, prohibits the exercise of, or is conditioned on the non-exercise
of one or more of the rights that are specifically granted under this License.
You may not convey a covered work if you are a party to an arrangement with
a third party that is in the business of distributing software, under which
you make payment to the third party based on the extent of your activity of
conveying the work, and under which the third party grants, to any of the
parties who would receive the covered work from you, a discriminatory patent
license (a) in connection with copies of the covered work conveyed by you
(or copies made from those copies), or (b) primarily for and in connection
with specific products or compilations that contain the covered work, unless
you entered into that arrangement, or that patent license was granted, prior
to 28 March 2007.
Nothing in this License shall be construed as excluding or limiting any implied
license or other defenses to infringement that may otherwise be available
to you under applicable patent law.
12. No Surrender of Others' Freedom.
If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot convey a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may
not convey it at all. For example, if you agree to terms that obligate you to collect a royalty for further conveying from those to whom you convey the Program, the only way you could satisfy both those terms and this License would be to refrain entirely from conveying the Program.
If conditions are imposed on you (whether by court order, agreement or otherwise)
that contradict the conditions of this License, they do not excuse you from
the conditions of this License. If you cannot convey a covered work so as
to satisfy simultaneously your obligations under this License and any other
pertinent obligations, then as a consequence you may
not convey it at all. For example, if you agree to terms that obligate you
to collect a royalty for further conveying from those to whom you convey the
Program, the only way you could satisfy both those terms and this License
would be to refrain entirely from conveying the Program.
13. Remote Network Interaction; Use with the GNU General Public License.
Notwithstanding any other provision of this License, if you modify the Program, your modified version must prominently offer all users interacting with it remotely through a computer network (if your version supports such interaction) an opportunity to receive the Corresponding Source of your version by providing access to the Corresponding Source from a network server at no charge, through some standard or customary means of facilitating copying of software. This Corresponding Source shall include the Corresponding Source for any work covered by version 3 of the GNU General Public License that is incorporated pursuant to the following paragraph.
Notwithstanding any other provision of this License, you have permission to link or combine any covered work with a work licensed under version 3 of the GNU General Public License into a single combined work, and to convey the resulting work. The terms of this License will continue to apply to the part which is the covered work, but the work with which it is combined will remain governed by version 3 of the GNU General Public License.
Notwithstanding any other provision of this License, if you modify the Program,
your modified version must prominently offer all users interacting with it
remotely through a computer network (if your version supports such interaction)
an opportunity to receive the Corresponding Source of your version by providing
access to the Corresponding Source from a network server at no charge, through
some standard or customary means of facilitating copying of software. This
Corresponding Source shall include the Corresponding Source for any work covered
by version 3 of the GNU General Public License that is incorporated pursuant
to the following paragraph.
Notwithstanding any other provision of this License, you have permission to
link or combine any covered work with a work licensed under version 3 of the
GNU General Public License into a single combined work, and to convey the
resulting work. The terms of this License will continue to apply to the part
which is the covered work, but the work with which it is combined will remain
governed by version 3 of the GNU General Public License.
14. Revised Versions of this License.
The Free Software Foundation may publish revised and/or new versions of the GNU Affero General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Program specifies that a certain numbered version of the GNU Affero General Public License "or any later version" applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of the GNU Affero General Public License, you may choose any version ever published by the Free Software Foundation.
If the Program specifies that a proxy can decide which future versions of the GNU Affero General Public License can be used, that proxy's public statement of acceptance of a version permanently authorizes you to choose that version for the Program.
Later license versions may give you additional or different permissions. However, no additional obligations are imposed on any author or copyright holder as a result of your choosing to follow a later version.
The Free Software Foundation may publish revised and/or new versions of the
GNU Affero General Public License from time to time. Such new versions will
be similar in spirit to the present version, but may differ in detail to address
new problems or concerns.
Each version is given a distinguishing version number. If the Program specifies
that a certain numbered version of the GNU Affero General Public License "or
any later version" applies to it, you have the option of following the terms
and conditions either of that numbered version or of any later version published
by the Free Software Foundation. If the Program does not specify a version
number of the GNU Affero General Public License, you may choose any version
ever published by the Free Software Foundation.
If the Program specifies that a proxy can decide which future versions of
the GNU Affero General Public License can be used, that proxy's public statement
of acceptance of a version permanently authorizes you to choose that version
for the Program.
Later license versions may give you additional or different permissions. However,
no additional obligations are imposed on any author or copyright holder as
a result of your choosing to follow a later version.
15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE
LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR
OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM
PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION.
16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL
ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM
AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO
USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED
INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE
PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. Interpretation of Sections 15 and 16.
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee. END OF TERMS AND CONDITIONS
If the disclaimer of warranty and limitation of liability provided above cannot
be given local legal effect according to their terms, reviewing courts shall
apply local law that most closely approximates an absolute waiver of all civil
liability in connection with the Program, unless a warranty or assumption
of liability accompanies a copy of the Program in return for a fee. END OF
TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively state the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.
If you develop a new program, and you want it to be of the greatest possible
use to the public, the best way to achieve this is to make it free software
which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest to attach
them to the start of each source file to most effectively state the exclusion
of warranty; and each file should have at least the "copyright" line and a
pointer to where the full notice is found.
<one line to give the program's name and a brief idea of what it does.>
Copyright (C) <year> <name of author>
This program is free software: you can redistribute it and/or modify it under the terms of the GNU Affero General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version.
This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Affero General Public License for more details.
You should have received a copy of the GNU Affero General Public License along with this program. If not, see <http s ://www.gnu.org/licenses/>.
This program is free software: you can redistribute it and/or modify it under
the terms of the GNU Affero General Public License as published by the Free
Software Foundation, either version 3 of the License, or (at your option)
any later version.
This program is distributed in the hope that it will be useful, but WITHOUT
ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS
FOR A PARTICULAR PURPOSE. See the GNU Affero General Public License for more
details.
You should have received a copy of the GNU Affero General Public License along
with this program. If not, see <http s ://www.gnu.org/licenses/>.
Also add information on how to contact you by electronic and paper mail.
If your software can interact with users remotely through a computer network, you should also make sure that it provides a way for users to get its source. For example, if your program is a web application, its interface could display a "Source" link that leads users to an archive of the code. There are many ways you could offer source, and different solutions will be better for different programs; see section 13 for the specific requirements.
You should also get your employer (if you work as a programmer) or school, if any, to sign a "copyright disclaimer" for the program, if necessary. For more information on this, and how to apply and follow the GNU AGPL, see <http s ://www.gnu.org/licenses/>.
If your software can interact with users remotely through a computer network,
you should also make sure that it provides a way for users to get its source.
For example, if your program is a web application, its interface could display
a "Source" link that leads users to an archive of the code. There are many
ways you could offer source, and different solutions will be better for different
programs; see section 13 for the specific requirements.
You should also get your employer (if you work as a programmer) or school,
if any, to sign a "copyright disclaimer" for the program, if necessary. For
more information on this, and how to apply and follow the GNU AGPL, see <http
s ://www.gnu.org/licenses/>.

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@ -1,11 +1,86 @@
Copyright (c) 2006, 2007 Advanced Micro Devices, Inc.
All rights reserved.
Redistribution and use in any form of this material and any product thereof including software in source or binary forms, along with any related documentation, with or without modification ("this material"), is permitted provided that the following conditions are met:
Redistributions of source code of any software must retain the above copyright notice and all terms of this license as part of the code.
Redistributions in binary form of any software must reproduce the above copyright notice and all terms of this license in any related documentation and/or other materials.
Neither the names nor trademarks of Advanced Micro Devices, Inc. or any copyright holders or contributors may be used to endorse or promote products derived from this material without specific prior written permission.
Notice about U.S. Government restricted rights: This material is provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the U.S. Government is subject to the full extent of restrictions set forth in FAR52.227 and DFARS252.227 et seq., or any successor or applicable regulations. Use of this material by the U.S. Government constitutes acknowledgment of the proprietary rights of Advanced Micro Devices, Inc. and any copyright holders and contributors.
ANY BREACH OF ANY TERM OF THIS LICENSE SHALL RESULT IN THE IMMEDIATE REVOCATION OF ALL RIGHTS TO REDISTRIBUTE, ACCESS OR USE THIS MATERIAL.
THIS MATERIAL IS PROVIDED BY ADVANCED MICRO DEVICES, INC. AND ANY COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" IN ITS CURRENT CONDITION AND WITHOUT ANY REPRESENTATIONS, GUARANTEE, OR WARRANTY OF ANY KIND OR IN ANY WAY RELATED TO SUPPORT, INDEMNITY, ERROR FREE OR UNINTERRUPTED OPERATION, OR THAT IT IS FREE FROM DEFECTS OR VIRUSES. ALL OBLIGATIONS ARE HEREBY DISCLAIMED - WHETHER EXPRESS, IMPLIED, OR STATUTORY - INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OPERABILITY, QUALITY OF SERVICE, OR NON-INFRINGEMENT. IN NO EVENT SHALL ADVANCED MICRO DEVICES, INC. OR ANY COPYRIGHT HOLDERS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, REVENUE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED OR BASED ON ANY THEORY OF LIABILITY ARISING IN ANY WAY RELATED TO THIS MATERIAL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE ENTIRE AND AGGREGATE LIABILITY OF ADVANCED MICRO DEVICES, INC. AND ANY COPYRIGHT HOLDERS AND CONTRIBUTORS SHALL NOT EXCEED TEN DOLLARS (US $10.00). ANYONE REDISTRIBUTING OR ACCESSING OR USING THIS MATERIAL ACCEPTS THIS ALLOCATION OF RISK AND AGREES TO RELEASE ADVANCED MICRO DEVICES, INC. AND ANY COPYRIGHT HOLDERS AND CONTRIBUTORS FROM ANY AND ALL LIABILITIES, OBLIGATIONS, CLAIMS, OR DEMANDS IN EXCESS OF TEN DOLLARS (US $10.00). THE FOREGOING ARE ESSENTIAL TERMS OF THIS LICENSE AND, IF ANY OF THESE TERMS ARE CONSTRUED AS UNENFORCEABLE, FAIL IN ESSENTIAL PURPOSE, OR BECOME VOID OR DETRIMENTAL TO ADVANCED MICRO DEVICES, INC. OR ANY COPYRIGHT HOLDERS OR CONTRIBUTORS FOR ANY REASON, THEN ALL RIGHTS TO REDISTRIBUTE, ACCESS OR USE THIS MATERIAL SHALL TERMINATE IMMEDIATELY. MOREOVER, THE FOREGOING SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS LICENSE OR ANY AGREEMENT OR ACCESS OR USE RELATED TO THIS MATERIAL.
NOTICE IS HEREBY PROVIDED, AND BY REDISTRIBUTING OR ACCESSING OR USING THIS MATERIAL SUCH NOTICE IS ACKNOWLEDGED, THAT THIS MATERIAL MAY BE SUBJECT TO RESTRICTIONS UNDER THE LAWS AND REGULATIONS OF THE UNITED STATES OR OTHER COUNTRIES, WHICH INCLUDE BUT ARE NOT LIMITED TO, U.S. EXPORT CONTROL LAWS SUCH AS THE EXPORT ADMINISTRATION REGULATIONS AND NATIONAL SECURITY CONTROLS AS DEFINED THEREUNDER, AS WELL AS STATE DEPARTMENT CONTROLS UNDER THE U.S. MUNITIONS LIST. THIS MATERIAL MAY NOT BE USED, RELEASED, TRANSFERRED, IMPORTED, EXPORTED AND/OR RE- EXPORTED IN ANY MANNER PROHIBITED UNDER ANY APPLICABLE LAWS, INCLUDING U.S. EXPORT CONTROL LAWS REGARDING SPECIFICALLY DESIGNATED PERSONS, COUNTRIES AND NATIONALS OF COUNTRIES SUBJECT TO NATIONAL SECURITY CONTROLS. MOREOVER, THE FOREGOING SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF ANY LICENSE OR AGREEMENT OR ACCESS OR USE RELATED TO THIS MATERIAL.
This license forms the entire agreement regarding the subject matter hereof and supersedes all proposals and prior discussions and writings between the parties with respect thereto. This license does not affect any ownership, rights, title, or interest in, or relating to, this material. No terms of this license can be modified or waived, and no breach of this license can be excused, unless done so in a writing signed by all affected parties. Each term of this license is separately enforceable. If any term of this license is determined to be or becomes unenforceable or illegal, such term shall be reformed to the minimum extent necessary in order for this license to remain in effect in accordance with its terms as modified by such reformation. This license shall be governed by and construed in accordance with the laws of the State of Texas without regard to rules on conflicts of law of any state or jurisdiction or the United Nations Convention on the International Sale of Goods. All disputes arising out of this license shall be subject to the jurisdiction of the federal and state courts in Austin, Texas, and all defenses are hereby waived concerning personal jurisdiction and venue of these courts.
Redistribution and use in any form of this material and any product thereof
including software in source or binary forms, along with any related documentation,
with or without modification ("this material"), is permitted provided that
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Redistributions of source code of any software must retain the above copyright
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Redistributions in binary form of any software must reproduce the above copyright
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Neither the names nor trademarks of Advanced Micro Devices, Inc. or any copyright
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ANY BREACH OF ANY TERM OF THIS LICENSE SHALL RESULT IN THE IMMEDIATE REVOCATION
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THIS MATERIAL IS PROVIDED BY ADVANCED MICRO DEVICES, INC. AND ANY COPYRIGHT
HOLDERS AND CONTRIBUTORS "AS IS" IN ITS CURRENT CONDITION AND WITHOUT ANY
REPRESENTATIONS, GUARANTEE, OR WARRANTY OF ANY KIND OR IN ANY WAY RELATED
TO SUPPORT, INDEMNITY, ERROR FREE OR UNINTERRUPTED OPERATION, OR THAT IT IS
FREE FROM DEFECTS OR VIRUSES. ALL OBLIGATIONS ARE HEREBY DISCLAIMED - WHETHER
EXPRESS, IMPLIED, OR STATUTORY - INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
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COMPLETENESS, OPERABILITY, QUALITY OF SERVICE, OR NON-INFRINGEMENT. IN NO
EVENT SHALL ADVANCED MICRO DEVICES, INC. OR ANY COPYRIGHT HOLDERS OR CONTRIBUTORS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; LOSS OF USE, REVENUE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED OR BASED ON ANY THEORY OF LIABILITY ARISING IN ANY WAY RELATED
TO THIS MATERIAL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE ENTIRE
AND AGGREGATE LIABILITY OF ADVANCED MICRO DEVICES, INC. AND ANY COPYRIGHT
HOLDERS AND CONTRIBUTORS SHALL NOT EXCEED TEN DOLLARS (US $10.00). ANYONE
REDISTRIBUTING OR ACCESSING OR USING THIS MATERIAL ACCEPTS THIS ALLOCATION
OF RISK AND AGREES TO RELEASE ADVANCED MICRO DEVICES, INC. AND ANY COPYRIGHT
HOLDERS AND CONTRIBUTORS FROM ANY AND ALL LIABILITIES, OBLIGATIONS, CLAIMS,
OR DEMANDS IN EXCESS OF TEN DOLLARS (US $10.00). THE FOREGOING ARE ESSENTIAL
TERMS OF THIS LICENSE AND, IF ANY OF THESE TERMS ARE CONSTRUED AS UNENFORCEABLE,
FAIL IN ESSENTIAL PURPOSE, OR BECOME VOID OR DETRIMENTAL TO ADVANCED MICRO
DEVICES, INC. OR ANY COPYRIGHT HOLDERS OR CONTRIBUTORS FOR ANY REASON, THEN
ALL RIGHTS TO REDISTRIBUTE, ACCESS OR USE THIS MATERIAL SHALL TERMINATE IMMEDIATELY.
MOREOVER, THE FOREGOING SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS
LICENSE OR ANY AGREEMENT OR ACCESS OR USE RELATED TO THIS MATERIAL.
NOTICE IS HEREBY PROVIDED, AND BY REDISTRIBUTING OR ACCESSING OR USING THIS
MATERIAL SUCH NOTICE IS ACKNOWLEDGED, THAT THIS MATERIAL MAY BE SUBJECT TO
RESTRICTIONS UNDER THE LAWS AND REGULATIONS OF THE UNITED STATES OR OTHER
COUNTRIES, WHICH INCLUDE BUT ARE NOT LIMITED TO, U.S. EXPORT CONTROL LAWS
SUCH AS THE EXPORT ADMINISTRATION REGULATIONS AND NATIONAL SECURITY CONTROLS
AS DEFINED THEREUNDER, AS WELL AS STATE DEPARTMENT CONTROLS UNDER THE U.S.
MUNITIONS LIST. THIS MATERIAL MAY NOT BE USED, RELEASED, TRANSFERRED, IMPORTED,
EXPORTED AND/OR RE- EXPORTED IN ANY MANNER PROHIBITED UNDER ANY APPLICABLE
LAWS, INCLUDING U.S. EXPORT CONTROL LAWS REGARDING SPECIFICALLY DESIGNATED
PERSONS, COUNTRIES AND NATIONALS OF COUNTRIES SUBJECT TO NATIONAL SECURITY
CONTROLS. MOREOVER, THE FOREGOING SHALL SURVIVE ANY EXPIRATION OR TERMINATION
OF ANY LICENSE OR AGREEMENT OR ACCESS OR USE RELATED TO THIS MATERIAL.
This license forms the entire agreement regarding the subject matter hereof
and supersedes all proposals and prior discussions and writings between the
parties with respect thereto. This license does not affect any ownership,
rights, title, or interest in, or relating to, this material. No terms of
this license can be modified or waived, and no breach of this license can
be excused, unless done so in a writing signed by all affected parties. Each
term of this license is separately enforceable. If any term of this license
is determined to be or becomes unenforceable or illegal, such term shall be
reformed to the minimum extent necessary in order for this license to remain
in effect in accordance with its terms as modified by such reformation. This
license shall be governed by and construed in accordance with the laws of
the State of Texas without regard to rules on conflicts of law of any state
or jurisdiction or the United Nations Convention on the International Sale
of Goods. All disputes arising out of this license shall be subject to the
jurisdiction of the federal and state courts in Austin, Texas, and all defenses
are hereby waived concerning personal jurisdiction and venue of these courts.

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@ -1,5 +1,36 @@
Copyright: Copyright (c) 2006 by Apple Computer, Inc., All Rights Reserved.
IMPORTANT: This Apple software is supplied to you by Apple Computer, Inc. ("Apple") in consideration of your agreement to the following terms, and your use, installation, modification or redistribution of this Apple software constitutes acceptance of these terms. If you do not agree with these terms, please do not use, install, modify or redistribute this Apple software.
In consideration of your agreement to abide by the following terms, and subject to these terms, Apple grants you a personal, non-exclusive license, under Apple's copyrights in this original Apple software (the "Apple Software"), to use, reproduce, modify and redistribute the Apple Software, with or without modifications, in source and/or binary forms; provided that if you redistribute the Apple Software in its entirety and without modifications, you must retain this notice and the following text and disclaimers in all such redistributions of the Apple Software. Neither the name, trademarks, service marks or logos of Apple Computer, Inc. may be used to endorse or promote products derived from the Apple Software without specific prior written permission from Apple. Except as expressly stated in this notice, no other rights or licenses, express or implied, are granted by Apple herein, including but not limited to any patent rights that may be infringed by your derivative works or by other works in which the Apple Software may be incorporated.
The Apple Software is provided by Apple on an "AS IS" basis. APPLE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE APPLE SOFTWARE OR ITS USE AND OPERATION ALONE OR IN COMBINATION WITH YOUR PRODUCTS.
IN NO EVENT SHALL APPLE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING IN ANY WAY OUT OF THE USE, REPRODUCTION, MODIFICATION AND/OR DISTRIBUTION OF THE APPLE SOFTWARE, HOWEVER CAUSED AND WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IMPORTANT: This Apple software is supplied to you by Apple Computer, Inc.
("Apple") in consideration of your agreement to the following terms, and your
use, installation, modification or redistribution of this Apple software constitutes
acceptance of these terms. If you do not agree with these terms, please do
not use, install, modify or redistribute this Apple software.
In consideration of your agreement to abide by the following terms, and subject
to these terms, Apple grants you a personal, non-exclusive license, under
Apple's copyrights in this original Apple software (the "Apple Software"),
to use, reproduce, modify and redistribute the Apple Software, with or without
modifications, in source and/or binary forms; provided that if you redistribute
the Apple Software in its entirety and without modifications, you must retain
this notice and the following text and disclaimers in all such redistributions
of the Apple Software. Neither the name, trademarks, service marks or logos
of Apple Computer, Inc. may be used to endorse or promote products derived
from the Apple Software without specific prior written permission from Apple.
Except as expressly stated in this notice, no other rights or licenses, express
or implied, are granted by Apple herein, including but not limited to any
patent rights that may be infringed by your derivative works or by other works
in which the Apple Software may be incorporated.
The Apple Software is provided by Apple on an "AS IS" basis. APPLE MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES
OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
REGARDING THE APPLE SOFTWARE OR ITS USE AND OPERATION ALONE OR IN COMBINATION
WITH YOUR PRODUCTS.
IN NO EVENT SHALL APPLE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
ARISING IN ANY WAY OUT OF THE USE, REPRODUCTION, MODIFICATION AND/OR DISTRIBUTION
OF THE APPLE SOFTWARE, HOWEVER CAUSED AND WHETHER UNDER THEORY OF CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF APPLE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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@ -1,7 +1,36 @@
Copyright (c) 2006 Academy of Motion Picture Arts and Sciences ("A.M.P.A.S."). Portions contributed by others as indicated. All rights reserved.
A world-wide, royalty-free, non-exclusive right to distribute, copy, modify, create derivatives, and use, in source and binary forms, is hereby granted, subject to acceptance of this license. Performance of any of the aforementioned acts indicates acceptance to be bound by the following terms and conditions:
* Redistributions of source code must retain the above copyright notice, this list of conditions and the Disclaimer of Warranty.
* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the Disclaimer of Warranty in the documentation and/or other materials provided with the distribution.
* Nothing in this license shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of A.M.P.A.S. or any contributors, except as expressly stated herein, and neither the name of A.M.P.A.S. nor of any other contributors to this software, may be used to endorse or promote products derived from this software without specific prior written permission of A.M.P.A.S. or contributor, as appropriate.
This license shall be governed by the laws of the State of California, and subject to the jurisdiction of the courts therein.
Disclaimer of Warranty: THIS SOFTWARE IS PROVIDED BY A.M.P.A.S. AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE DISCLAIMED. IN NO EVENT SHALL A.M.P.A.S., ANY CONTRIBUTORS OR DISTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Copyright (c) 2006 Academy of Motion Picture Arts and Sciences ("A.M.P.A.S.").
Portions contributed by others as indicated. All rights reserved.
A world-wide, royalty-free, non-exclusive right to distribute, copy, modify,
create derivatives, and use, in source and binary forms, is hereby granted,
subject to acceptance of this license. Performance of any of the aforementioned
acts indicates acceptance to be bound by the following terms and conditions:
* Redistributions of source code must retain the above copyright notice, this
list of conditions and the Disclaimer of Warranty.
* Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the Disclaimer of Warranty in the documentation
and/or other materials provided with the distribution.
* Nothing in this license shall be deemed to grant any rights to trademarks,
copyrights, patents, trade secrets or any other intellectual property of A.M.P.A.S.
or any contributors, except as expressly stated herein, and neither the name
of A.M.P.A.S. nor of any other contributors to this software, may be used
to endorse or promote products derived from this software without specific
prior written permission of A.M.P.A.S. or contributor, as appropriate.
This license shall be governed by the laws of the State of California, and
subject to the jurisdiction of the courts therein.
Disclaimer of Warranty: THIS SOFTWARE IS PROVIDED BY A.M.P.A.S. AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT ARE DISCLAIMED. IN NO EVENT SHALL A.M.P.A.S., ANY CONTRIBUTORS
OR DISTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.

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@ -1,3 +1,16 @@
ANTLR 2 License
We reserve no legal rights to the ANTLR--it is fully in the public domain. An individual or company may do whatever they wish with source code distributed with ANTLR or the code generated by ANTLR, including the incorporation of ANTLR, or its output, into commerical software.
We encourage users to develop software with ANTLR. However, we do ask that credit is given to us for developing ANTLR. By "credit", we mean that if you use ANTLR or incorporate any source code into one of your programs (commercial product, research project, or otherwise) that you acknowledge this fact somewhere in the documentation, research report, etc... If you like ANTLR and have developed a nice tool with the output, please mention that you developed it using ANTLR. In addition, we ask that the headers remain intact in our source code. As long as these guidelines are kept, we expect to continue enhancing this system and expect to make other tools available as they are completed.
We reserve no legal rights to the ANTLR--it is fully in the public domain.
An individual or company may do whatever they wish with source code distributed
with ANTLR or the code generated by ANTLR, including the incorporation of
ANTLR, or its output, into commerical software.
We encourage users to develop software with ANTLR. However, we do ask that
credit is given to us for developing ANTLR. By "credit", we mean that if you
use ANTLR or incorporate any source code into one of your programs (commercial
product, research project, or otherwise) that you acknowledge this fact somewhere
in the documentation, research report, etc... If you like ANTLR and have developed
a nice tool with the output, please mention that you developed it using ANTLR.
In addition, we ask that the headers remain intact in our source code. As
long as these guidelines are kept, we expect to continue enhancing this system
and expect to make other tools available as they are completed.

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@ -1,2 +1,10 @@
Copyright (c) 1985, 1987, 1989, 1990, 1991, 1992, 1993, 1997 Adobe Systems Incorporated. All Rights Reserved.
This file and the 14 PostScript(R) AFM files it accompanies may be used, copied, and distributed for any purpose and without charge, with or without modification, provided that all copyright notices are retained; that the AFM files are not distributed without this file; that all modifications to this file or any of the AFM files are prominently noted in the modified file(s); and that this paragraph is not modified. Adobe Systems has no responsibility or obligation to support the use of the AFM files.
Copyright (c) 1985, 1987, 1989, 1990, 1991, 1992, 1993, 1997 Adobe Systems
Incorporated. All Rights Reserved.
This file and the 14 PostScript(R) AFM files it accompanies may be used, copied,
and distributed for any purpose and without charge, with or without modification,
provided that all copyright notices are retained; that the AFM files are not
distributed without this file; that all modifications to this file or any
of the AFM files are prominently noted in the modified file(s); and that this
paragraph is not modified. Adobe Systems has no responsibility or obligation
to support the use of the AFM files.

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@ -1,180 +1,863 @@
ADAPTIVE PUBLIC LICENSE
Version 1.0
THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THIS ADAPTIVE PUBLIC LICENSE ("LICENSE"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE LICENSED WORK CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE TERMS OF THIS LICENSE. "LICENSED WORK" AND "RECIPIENT" ARE DEFINED BELOW.
IMPORTANT NOTE: This License is "adaptive", and the generic version or another version of an Adaptive Public License should not be relied upon to determine your rights and obligations under this License. You must read the specific Adaptive Public License that you receive with the Licensed Work, as certain terms are defined at the outset by the Initial Contributor.
See Section 2.2 below, Exhibit A attached, and any Suppfile.txt accompanying this License to determine the specific adaptive features applicable to this License. For example, without limiting the foregoing, (a) for selected choice of law and jurisdiction see Part 3 of Exhibit A; (b) for the selected definition of Third Party see Part 4 of Exhibit A; and (c) for selected patent licensing terms (if any) see Section 2.2 below and Part 6 of Exhibit A.
THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THIS ADAPTIVE PUBLIC LICENSE
("LICENSE"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE LICENSED WORK CONSTITUTES
RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND ITS TERMS, WHETHER OR NOT SUCH
RECIPIENT READS THE TERMS OF THIS LICENSE. "LICENSED WORK" AND "RECIPIENT"
ARE DEFINED BELOW.
IMPORTANT NOTE: This License is "adaptive", and the generic version or another
version of an Adaptive Public License should not be relied upon to determine
your rights and obligations under this License. You must read the specific
Adaptive Public License that you receive with the Licensed Work, as certain
terms are defined at the outset by the Initial Contributor.
See Section 2.2 below, Exhibit A attached, and any Suppfile.txt accompanying
this License to determine the specific adaptive features applicable to this
License. For example, without limiting the foregoing, (a) for selected choice
of law and jurisdiction see Part 3 of Exhibit A; (b) for the selected definition
of Third Party see Part 4 of Exhibit A; and (c) for selected patent licensing
terms (if any) see Section 2.2 below and Part 6 of Exhibit A.
1. DEFINITIONS.
1.1. "CONTRIBUTION" means:
(a) In the case of the Initial Contributor, the Initial Work distributed under this License by the Initial Contributor; and
(b) In the case of each Subsequent Contributor, the Subsequent Work originating from and distributed by such Subsequent Contributor.
1.2. "DESIGNATED WEB SITE" means the web site having the URL identified in Part 1 of Exhibit A, which URL may be changed by the Initial Contributor by posting on the current Designated Web Site the new URL for at least sixty (60) days.
1.3. "DISTRIBUTOR" means any Person that distributes the Licensed Work or any portion thereof to at least one Third Party.
1.4. "ELECTRONIC DISTRIBUTION MECHANISM" means any mechanism generally accepted in the software development community for the electronic transfer of data.
(a) In the case of the Initial Contributor, the Initial Work distributed under
this License by the Initial Contributor; and
(b) In the case of each Subsequent Contributor, the Subsequent Work originating
from and distributed by such Subsequent Contributor.
1.2. "DESIGNATED WEB SITE" means the web site having the URL identified in
Part 1 of Exhibit A, which URL may be changed by the Initial Contributor by
posting on the current Designated Web Site the new URL for at least sixty
(60) days.
1.3. "DISTRIBUTOR" means any Person that distributes the Licensed Work or
any portion thereof to at least one Third Party.
1.4. "ELECTRONIC DISTRIBUTION MECHANISM" means any mechanism generally accepted
in the software development community for the electronic transfer of data.
1.5. "EXECUTABLE" means the Licensed Work in any form other than Source Code.
1.6. "GOVERNING JURISDICTION" means the state, province or other legal jurisdiction identified in Part 3 of Exhibit A.
1.7. "INDEPENDENT MODULE" means a separate module of software and/or data that is not a derivative work of or copied from the Licensed Work or any portion thereof. In addition, a module does not qualify as an Independent Module but instead forms part of the Licensed Work if the module: (a) is embedded in the Licensed Work; (b) is included by reference in the Licensed Work other than by a function call or a class reference; or (c) must be included or contained, in whole or in part, within a file directory or subdirectory actually containing files making up the Licensed Work.
1.8. "INITIAL CONTRIBUTOR" means the Person or entity identified as the Initial Contributor in the notice required by Part 1 of Exhibit A.
1.9. "INITIAL WORK" means the initial Source Code, object code (if any) and documentation for the computer program identified in Part 2 of Exhibit A, as such Source Code, object code and documentation is distributed under this License by the Initial Contributor.
1.10. "LARGER WORK" means a work that combines the Licensed Work or portions thereof with code not governed by this License.
1.11. "LICENSED WORK" means the Initial Work and/or any Subsequent Work, in each case including portions thereof.
1.6. "GOVERNING JURISDICTION" means the state, province or other legal jurisdiction
identified in Part 3 of Exhibit A.
1.7. "INDEPENDENT MODULE" means a separate module of software and/or data
that is not a derivative work of or copied from the Licensed Work or any portion
thereof. In addition, a module does not qualify as an Independent Module but
instead forms part of the Licensed Work if the module: (a) is embedded in
the Licensed Work; (b) is included by reference in the Licensed Work other
than by a function call or a class reference; or (c) must be included or contained,
in whole or in part, within a file directory or subdirectory actually containing
files making up the Licensed Work.
1.8. "INITIAL CONTRIBUTOR" means the Person or entity identified as the Initial
Contributor in the notice required by Part 1 of Exhibit A.
1.9. "INITIAL WORK" means the initial Source Code, object code (if any) and
documentation for the computer program identified in Part 2 of Exhibit A,
as such Source Code, object code and documentation is distributed under this
License by the Initial Contributor.
1.10. "LARGER WORK" means a work that combines the Licensed Work or portions
thereof with code not governed by this License.
1.11. "LICENSED WORK" means the Initial Work and/or any Subsequent Work, in
each case including portions thereof.
1.12. "LICENSE NOTICE" has the meaning assigned in Part 5 of Exhibit A.
1.13. "MODIFICATION" or "MODIFICATIONS" means any change to and/or addition to the Licensed Work.
1.14. "PERSON" means an individual or other legal entity, including a corporation, partnership or other body.
1.15. "RECIPIENT" means any Person who receives or obtains the Licensed Work under this License (by way of example, without limiting the foregoing, any Subsequent Contributor or Distributor).
1.16. "SOURCE CODE" means the source code for a computer program, including the source code for all modules and components of the computer program, plus any associated interface definition files, and scripts used to control compilation and installation of an executable.
1.17. "SUBSEQUENT CONTRIBUTOR" means any Person that makes or contributes to the making of any Subsequent Work and that distributes that Subsequent Work to at least one Third Party.
1.18. "SUBSEQUENT WORK" means a work that has resulted or arises from changes to and/or additions to:
1.13. "MODIFICATION" or "MODIFICATIONS" means any change to and/or addition
to the Licensed Work.
1.14. "PERSON" means an individual or other legal entity, including a corporation,
partnership or other body.
1.15. "RECIPIENT" means any Person who receives or obtains the Licensed Work
under this License (by way of example, without limiting the foregoing, any
Subsequent Contributor or Distributor).
1.16. "SOURCE CODE" means the source code for a computer program, including
the source code for all modules and components of the computer program, plus
any associated interface definition files, and scripts used to control compilation
and installation of an executable.
1.17. "SUBSEQUENT CONTRIBUTOR" means any Person that makes or contributes
to the making of any Subsequent Work and that distributes that Subsequent
Work to at least one Third Party.
1.18. "SUBSEQUENT WORK" means a work that has resulted or arises from changes
to and/or additions to:
(a) the Initial Work;
(b) any other Subsequent Work; or
(c) to any combination of the Initial Work and any such other Subsequent Work;
where such changes and/or additions originate from a Subsequent Contributor. A Subsequent Work will "originate" from a Subsequent Contributor if the Subsequent Work was a result of efforts by such Subsequent Contributor (or anyone acting on such Subsequent Contributor's behalf, such as, a contractor or other entity that is engaged by or under the direction of the Subsequent Contributor). For greater certainty, a Subsequent Work expressly excludes and shall not capture within its meaning any Independent Module.
1.19. "SUPPLEMENT FILE" means a file distributed with the Licensed Work having a file name "suppfile.txt".
where such changes and/or additions originate from a Subsequent Contributor.
A Subsequent Work will "originate" from a Subsequent Contributor if the Subsequent
Work was a result of efforts by such Subsequent Contributor (or anyone acting
on such Subsequent Contributor's behalf, such as, a contractor or other entity
that is engaged by or under the direction of the Subsequent Contributor).
For greater certainty, a Subsequent Work expressly excludes and shall not
capture within its meaning any Independent Module.
1.19. "SUPPLEMENT FILE" means a file distributed with the Licensed Work having
a file name "suppfile.txt".
1.20. "THIRD PARTY" has the meaning assigned in Part 4 of Exhibit A.
2. LICENSE.
2.1. COPYRIGHT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.
(a) Subject to the terms of this License, the Initial Contributor hereby grants each Recipient a world-wide, royalty-free, non-exclusive copyright license to:
(i) reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Initial Work; and
(ii) reproduce, publicly display, publicly perform, distribute, and sublicense any derivative works (if any) prepared by Recipient;
in Source Code and Executable form, either with other Modifications, on an unmodified basis, or as part of a Larger Work.
(b) Subject to the terms of this License, each Subsequent Contributor hereby grants each Recipient a world-wide, royalty-free, non-exclusive copyright license to:
(i) reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Subsequent Work of such Subsequent Contributor; and
(ii) reproduce, publicly display, publicly perform, distribute, and sublicense any derivative works (if any) prepared by Recipient;
in Source Code and Executable form, either with other Modifications, on an unmodified basis, or as part of a Larger Work.
(a) Subject to the terms of this License, the Initial Contributor hereby grants
each Recipient a world-wide, royalty-free, non-exclusive copyright license
to:
(i) reproduce, prepare derivative works of, publicly display, publicly perform,
distribute and sublicense the Initial Work; and
(ii) reproduce, publicly display, publicly perform, distribute, and sublicense
any derivative works (if any) prepared by Recipient;
in Source Code and Executable form, either with other Modifications, on an
unmodified basis, or as part of a Larger Work.
(b) Subject to the terms of this License, each Subsequent Contributor hereby
grants each Recipient a world-wide, royalty-free, non-exclusive copyright
license to:
(i) reproduce, prepare derivative works of, publicly display, publicly perform,
distribute and sublicense the Subsequent Work of such Subsequent Contributor;
and
(ii) reproduce, publicly display, publicly perform, distribute, and sublicense
any derivative works (if any) prepared by Recipient;
in Source Code and Executable form, either with other Modifications, on an
unmodified basis, or as part of a Larger Work.
2.2. PATENT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.
(a) This License does not include or grant any patent license whatsoever from the Initial Contributor, Subsequent Contributor, or any Distributor unless, at the time the Initial Work is first distributed or made available under this License (as the case may be), the Initial Contributor has selected pursuant to Part 6 of Exhibit A the patent terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A. If this is not done then the Initial Work and any other Subsequent Work is made available under the License without any patent license (the "PATENTS-EXCLUDED LICENSE").
(b) However, the Initial Contributor may subsequently distribute or make available (as the case may be) future copies of: (1) the Initial Work; or (2) any Licensed Work distributed by the Initial Contributor which includes the Initial Work (or any portion thereof) and/or any Modification made by the Initial Contributor; available under a License which includes a patent license (the "PATENTS-INCLUDED LICENSE") by selecting pursuant to Part 6 of Exhibit A the patent terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A, when the Initial Contributor distributes or makes available (as the case may be) such future copies under this License.
(c) If any Recipient receives or obtains one or more copies of the Initial Work or any other portion of the Licensed Work under the Patents-Included License, then all licensing of such copies under this License shall include the terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A and that Recipient shall not be able to rely upon the Patents-Excluded License for any such copies. However, all Recipients that receive one or more copies of the Initial Work or any other portion of the Licensed Work under a copy of the License which includes the Patents-Excluded License shall have no patent license with respect to such copies received under the Patents-Excluded License and availability and distribution of such copies, including Modifications made by such Recipient to such copies, shall be under a copy of the License without any patent license.
(d) Where a Recipient uses in combination or combines any copy of the Licensed Work (or portion thereof) licensed under a copy of the License having a Patents-Excluded License with any copy of the Licensed Work (or portion thereof) licensed under a copy of the License having a Patents-Included License, the combination (and any portion thereof) shall, from the first time such Recipient uses, makes available or distributes the combination (as the case may be), be subject to only the terms of the License having the Patents-Included License which shall include the terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A.
(a) This License does not include or grant any patent license whatsoever from
the Initial Contributor, Subsequent Contributor, or any Distributor unless,
at the time the Initial Work is first distributed or made available under
this License (as the case may be), the Initial Contributor has selected pursuant
to Part 6 of Exhibit A the patent terms in paragraphs A, B, C, D and E from
Part 6 of Exhibit A. If this is not done then the Initial Work and any other
Subsequent Work is made available under the License without any patent license
(the "PATENTS-EXCLUDED LICENSE").
(b) However, the Initial Contributor may subsequently distribute or make available
(as the case may be) future copies of: (1) the Initial Work; or (2) any Licensed
Work distributed by the Initial Contributor which includes the Initial Work
(or any portion thereof) and/or any Modification made by the Initial Contributor;
available under a License which includes a patent license (the "PATENTS-INCLUDED
LICENSE") by selecting pursuant to Part 6 of Exhibit A the patent terms in
paragraphs A, B, C, D and E from Part 6 of Exhibit A, when the Initial Contributor
distributes or makes available (as the case may be) such future copies under
this License.
(c) If any Recipient receives or obtains one or more copies of the Initial
Work or any other portion of the Licensed Work under the Patents-Included
License, then all licensing of such copies under this License shall include
the terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A and that
Recipient shall not be able to rely upon the Patents-Excluded License for
any such copies. However, all Recipients that receive one or more copies of
the Initial Work or any other portion of the Licensed Work under a copy of
the License which includes the Patents-Excluded License shall have no patent
license with respect to such copies received under the Patents-Excluded License
and availability and distribution of such copies, including Modifications
made by such Recipient to such copies, shall be under a copy of the License
without any patent license.
(d) Where a Recipient uses in combination or combines any copy of the Licensed
Work (or portion thereof) licensed under a copy of the License having a Patents-Excluded
License with any copy of the Licensed Work (or portion thereof) licensed under
a copy of the License having a Patents-Included License, the combination (and
any portion thereof) shall, from the first time such Recipient uses, makes
available or distributes the combination (as the case may be), be subject
to only the terms of the License having the Patents-Included License which
shall include the terms in paragraphs A, B, C, D and E from Part 6 of Exhibit
A.
2.3. ACKNOWLEDGEMENT AND DISCLAIMER.
Recipient understands and agrees that although Initial Contributor and each Subsequent Contributor grants the licenses to its Contributions set forth herein, no representation, warranty, guarantee or assurance is provided by any Initial Contributor, Subsequent Contributor, or Distributor that the Licensed Work does not infringe the patent or other intellectual property rights of any other entity. Initial Contributor, Subsequent Contributor, and each Distributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise, in relation to the Licensed Works. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, without limiting the foregoing disclaimers, if a third party patent license is required to allow Recipient to distribute the Licensed Work, it is Recipient's responsibility to acquire that license before distributing the Licensed Work.
Recipient understands and agrees that although Initial Contributor and each
Subsequent Contributor grants the licenses to its Contributions set forth
herein, no representation, warranty, guarantee or assurance is provided by
any Initial Contributor, Subsequent Contributor, or Distributor that the Licensed
Work does not infringe the patent or other intellectual property rights of
any other entity. Initial Contributor, Subsequent Contributor, and each Distributor
disclaims any liability to Recipient for claims brought by any other entity
based on infringement of intellectual property rights or otherwise, in relation
to the Licensed Works. As a condition to exercising the rights and licenses
granted hereunder, each Recipient hereby assumes sole responsibility to secure
any other intellectual property rights needed, if any. For example, without
limiting the foregoing disclaimers, if a third party patent license is required
to allow Recipient to distribute the Licensed Work, it is Recipient's responsibility
to acquire that license before distributing the Licensed Work.
2.4. RESERVATION.
Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Initial Contributor, Subsequent Contributor, or Distributor except as expressly stated herein.
Nothing in this License shall be deemed to grant any rights to trademarks,
copyrights, patents, trade secrets or any other intellectual property of Initial
Contributor, Subsequent Contributor, or Distributor except as expressly stated
herein.
3. DISTRIBUTION OBLIGATIONS.
3.1. DISTRIBUTION GENERALLY.
(a) A Subsequent Contributor shall make that Subsequent Contributor's Subsequent Work(s) available to the public via an Electronic Distribution Mechanism for a period of at least twelve (12) months. The aforesaid twelve (12) month period shall begin within a reasonable time after the creation of the Subsequent Work and no later than sixty (60) days after first distribution of that Subsequent Contributor's Subsequent Work.
(b) All Distributors must distribute the Licensed Work in accordance with the terms of the License, and must include a copy of this License (including without limitation Exhibit A and the accompanying Supplement File) with each copy of the Licensed Work distributed. In particular, this License must be prominently distributed with the Licensed Work in a file called "license.txt." In addition, the License Notice in Part 5 of Exhibit A must be included at the beginning of all Source Code files, and viewable to a user in any executable such that the License Notice is reasonably brought to the attention of any party using the Licensed Work.
(a) A Subsequent Contributor shall make that Subsequent Contributor's Subsequent
Work(s) available to the public via an Electronic Distribution Mechanism for
a period of at least twelve (12) months. The aforesaid twelve (12) month period
shall begin within a reasonable time after the creation of the Subsequent
Work and no later than sixty (60) days after first distribution of that Subsequent
Contributor's Subsequent Work.
(b) All Distributors must distribute the Licensed Work in accordance with
the terms of the License, and must include a copy of this License (including
without limitation Exhibit A and the accompanying Supplement File) with each
copy of the Licensed Work distributed. In particular, this License must be
prominently distributed with the Licensed Work in a file called "license.txt."
In addition, the License Notice in Part 5 of Exhibit A must be included at
the beginning of all Source Code files, and viewable to a user in any executable
such that the License Notice is reasonably brought to the attention of any
party using the Licensed Work.
3.2. EXECUTABLE DISTRIBUTIONS OF THE LICENSED WORK.
A Distributor may choose to distribute the Licensed Work, or any portion thereof, in Executable form (an "EXECUTABLE DISTRIBUTION") to any third party, under the terms of Section 2 of this License, provided the Executable Distribution is made available under and accompanied by a copy of this License, AND provided at least ONE of the following conditions is fulfilled:
(a) The Executable Distribution must be accompanied by the Source Code for the Licensed Work making up the Executable Distribution, and the Source Code must be distributed on the same media as the Executable Distribution or using an Electronic Distribution Mechanism; or
(b) The Executable Distribution must be accompanied with a written offer, valid for at least thirty six (36) months, to give any third party under the terms of this License, for a charge no more than the cost of physically performing source distribution, a complete machine-readable copy of the Source Code for the Licensed Work making up the Executable Distribution, to be available and distributed using an Electronic Distribution Mechanism, and such Executable Distribution must remain available in Source Code form to any third party via the Electronic Distribution Mechanism (or any replacement Electronic Distribution Mechanism the particular Distributor may reasonably need to turn to as a substitute) for said at least thirty six (36) months.
For greater certainty, the above-noted requirements apply to any Licensed Work or portion thereof distributed to any third party in Executable form, whether such distribution is made alone, in combination with a Larger Work or Independent Modules, or in some other combination.
A Distributor may choose to distribute the Licensed Work, or any portion thereof,
in Executable form (an "EXECUTABLE DISTRIBUTION") to any third party, under
the terms of Section 2 of this License, provided the Executable Distribution
is made available under and accompanied by a copy of this License, AND provided
at least ONE of the following conditions is fulfilled:
(a) The Executable Distribution must be accompanied by the Source Code for
the Licensed Work making up the Executable Distribution, and the Source Code
must be distributed on the same media as the Executable Distribution or using
an Electronic Distribution Mechanism; or
(b) The Executable Distribution must be accompanied with a written offer,
valid for at least thirty six (36) months, to give any third party under the
terms of this License, for a charge no more than the cost of physically performing
source distribution, a complete machine-readable copy of the Source Code for
the Licensed Work making up the Executable Distribution, to be available and
distributed using an Electronic Distribution Mechanism, and such Executable
Distribution must remain available in Source Code form to any third party
via the Electronic Distribution Mechanism (or any replacement Electronic Distribution
Mechanism the particular Distributor may reasonably need to turn to as a substitute)
for said at least thirty six (36) months.
For greater certainty, the above-noted requirements apply to any Licensed
Work or portion thereof distributed to any third party in Executable form,
whether such distribution is made alone, in combination with a Larger Work
or Independent Modules, or in some other combination.
3.3. SOURCE CODE DISTRIBUTIONS.
When a Distributor makes the Licensed Work, or any portion thereof, available to any Person in Source Code form, it must be made available under this License and a copy of this License must be included with each copy of the Source Code, situated so that the copy of the License is conspicuously brought to the attention of that Person. For greater clarification, this Section 3.3 applies to all distribution of the Licensed Work in any Source Code form. A Distributor may charge a fee for the physical act of transferring a copy, which charge shall be no more than the cost of physically performing source distribution.
When a Distributor makes the Licensed Work, or any portion thereof, available
to any Person in Source Code form, it must be made available under this License
and a copy of this License must be included with each copy of the Source Code,
situated so that the copy of the License is conspicuously brought to the attention
of that Person. For greater clarification, this Section 3.3 applies to all
distribution of the Licensed Work in any Source Code form. A Distributor may
charge a fee for the physical act of transferring a copy, which charge shall
be no more than the cost of physically performing source distribution.
3.4. REQUIRED NOTICES IN SOURCE CODE.
Each Subsequent Contributor must ensure that the notice set out in Part 5 of Exhibit A is included in each file of the Source Code for each Subsequent Work originating from that particular Subsequent Contributor, if such notice is not already included in each such file. If it is not possible to put such notice in a particular Source Code file due to its structure, then the Subsequent Contributor must include such notice in a location (such as a relevant directory in which the file is stored) where a user would be likely to look for such a notice.
Each Subsequent Contributor must ensure that the notice set out in Part 5
of Exhibit A is included in each file of the Source Code for each Subsequent
Work originating from that particular Subsequent Contributor, if such notice
is not already included in each such file. If it is not possible to put such
notice in a particular Source Code file due to its structure, then the Subsequent
Contributor must include such notice in a location (such as a relevant directory
in which the file is stored) where a user would be likely to look for such
a notice.
3.5. NO DISTRIBUTION REQUIREMENTS FOR INTERNALLY USED MODIFICATIONS.
Notwithstanding Sections 3.2, 3.3 and 3.4, Recipient may, internally within its own corporation or organization use the Licensed Work, including the Initial Work and Subsequent Works, and make Modifications for internal use within Recipient's own corporation or organization (collectively, "INTERNAL USE MODIFICATIONS"). The Recipient shall have no obligation to distribute, in either Source Code or Executable form, any such Internal Use Modifications made by Recipient in the course of such internal use, except where required below in this Section 3.5. All Internal Use Modifications distributed to any Person, whether or not a Third Party, shall be distributed pursuant to and be accompanied by the terms of this License. If the Recipient chooses to distribute any such Internal Use Modifications to any Third Party, then the Recipient shall be deemed a Subsequent Contributor, and any such Internal Use Modifications distributed to any Third Party shall be deemed a Subsequent Work originating from that Subsequent Contributor, and shall from the first such instance become part of the Licensed Work that must thereafter be distributed and made available to third parties in accordance with the terms of Sections 3.1 to 3.4 inclusive.
Notwithstanding Sections 3.2, 3.3 and 3.4, Recipient may, internally within
its own corporation or organization use the Licensed Work, including the Initial
Work and Subsequent Works, and make Modifications for internal use within
Recipient's own corporation or organization (collectively, "INTERNAL USE MODIFICATIONS").
The Recipient shall have no obligation to distribute, in either Source Code
or Executable form, any such Internal Use Modifications made by Recipient
in the course of such internal use, except where required below in this Section
3.5. All Internal Use Modifications distributed to any Person, whether or
not a Third Party, shall be distributed pursuant to and be accompanied by
the terms of this License. If the Recipient chooses to distribute any such
Internal Use Modifications to any Third Party, then the Recipient shall be
deemed a Subsequent Contributor, and any such Internal Use Modifications distributed
to any Third Party shall be deemed a Subsequent Work originating from that
Subsequent Contributor, and shall from the first such instance become part
of the Licensed Work that must thereafter be distributed and made available
to third parties in accordance with the terms of Sections 3.1 to 3.4 inclusive.
3.6. INDEPENDENT MODULES.
This License shall not apply to Independent Modules of any Initial Contributor, Subsequent Contributor, Distributor or any Recipient, and such Independent Modules may be licensed or made available under one or more separate license agreements.
This License shall not apply to Independent Modules of any Initial Contributor,
Subsequent Contributor, Distributor or any Recipient, and such Independent
Modules may be licensed or made available under one or more separate license
agreements.
3.7. LARGER WORKS.
Any Distributor or Recipient may create or contribute to a Larger Work by combining any of the Licensed Work with other code not governed by the terms of this License, and may distribute the Larger Work as one or more products. However, in any such case, Distributor or Recipient (as the case may be) must make sure that the requirements of this License are fulfilled for the Licensed Work portion of the Larger Work.
Any Distributor or Recipient may create or contribute to a Larger Work by
combining any of the Licensed Work with other code not governed by the terms
of this License, and may distribute the Larger Work as one or more products.
However, in any such case, Distributor or Recipient (as the case may be) must
make sure that the requirements of this License are fulfilled for the Licensed
Work portion of the Larger Work.
3.8. DESCRIPTION OF DISTRIBUTED MODIFICATIONS.
(a) Each Subsequent Contributor (including the Initial Contributor where the Initial Contributor also qualifies as a Subsequent Contributor) must cause each Subsequent Work created or contributed to by that Subsequent Contributor to contain a file documenting the changes, in accordance with the requirements of Part 1 of the Supplement File, that such Subsequent Contributor made in the creation or contribution to that Subsequent Work. If no Supplement File exists or no requirements are set out in Part 1 of the Supplement File, then there are no requirements for Subsequent Contributors to document changes that they make resulting in Subsequent Works.
(b) The Initial Contributor may at any time introduce requirements or add to or change earlier requirements (in each case, the "EARLIER DESCRIPTION REQUIREMENTS") for documenting changes resulting in Subsequent Works by revising Part 1 of each copy of the Supplement File distributed by the Initial Contributor with future copies of the Licensed Work so that Part 1 then contains new requirements (the "NEW DESCRIPTION REQUIREMENTS") for documenting such changes.
(c) Any Recipient receiving at any time any copy of an Initial Work or any Subsequent Work under a copy of this License (in each case, an "Earlier LICENSED COPY") having the Earlier Description Requirements may choose, with respect to each such Earlier Licensed Copy, to comply with the Earlier Description Requirements or the New Description Requirements. Where a Recipient chooses to comply with the New Description Requirements, that Recipient will, when thereafter distributing any copies of any such Earlier Licensed Copy, include a Supplement File having a section entitled Part 1 that contains a copy of the New Description Requirements.
(d) For greater certainty, the intent of Part 1 of the Supplement File is to provide a mechanism (if any) by which Subsequent Contributors must document changes that they make to the Licensed Work resulting in Subsequent Works. Part 1 of any Supplement File shall not be used to increase or reduce the scope of the license granted in Article 2 of this License or in any other way increase or decrease the rights and obligations of any Recipient, and shall at no time serve as the basis for terminating the License. Further, a Recipient can be required to correct and change its documentation procedures to comply with Part 1 of the Supplement File, but cannot be penalised with damages. Part 1 of any Supplement File is only binding on each Recipient of any Licensed Work to the extent Part 1 sets out the requirements for documenting changes to the Initial Work or any Subsequent Work.
(e) An example of a set of requirements for documenting changes and contributions made by Subsequent Contributor is set out in Part 7 of Exhibit A of this License. Part 7 is a sample only and is not binding on Recipients, unless (subject to the earlier paragraphs of this Section 3.8) those are the requirements that the Initial Contributor includes in Part 1 of the Supplement File with the copies of the Initial Work distributed under this License.
(a) Each Subsequent Contributor (including the Initial Contributor where the
Initial Contributor also qualifies as a Subsequent Contributor) must cause
each Subsequent Work created or contributed to by that Subsequent Contributor
to contain a file documenting the changes, in accordance with the requirements
of Part 1 of the Supplement File, that such Subsequent Contributor made in
the creation or contribution to that Subsequent Work. If no Supplement File
exists or no requirements are set out in Part 1 of the Supplement File, then
there are no requirements for Subsequent Contributors to document changes
that they make resulting in Subsequent Works.
(b) The Initial Contributor may at any time introduce requirements or add
to or change earlier requirements (in each case, the "EARLIER DESCRIPTION
REQUIREMENTS") for documenting changes resulting in Subsequent Works by revising
Part 1 of each copy of the Supplement File distributed by the Initial Contributor
with future copies of the Licensed Work so that Part 1 then contains new requirements
(the "NEW DESCRIPTION REQUIREMENTS") for documenting such changes.
(c) Any Recipient receiving at any time any copy of an Initial Work or any
Subsequent Work under a copy of this License (in each case, an "Earlier LICENSED
COPY") having the Earlier Description Requirements may choose, with respect
to each such Earlier Licensed Copy, to comply with the Earlier Description
Requirements or the New Description Requirements. Where a Recipient chooses
to comply with the New Description Requirements, that Recipient will, when
thereafter distributing any copies of any such Earlier Licensed Copy, include
a Supplement File having a section entitled Part 1 that contains a copy of
the New Description Requirements.
(d) For greater certainty, the intent of Part 1 of the Supplement File is
to provide a mechanism (if any) by which Subsequent Contributors must document
changes that they make to the Licensed Work resulting in Subsequent Works.
Part 1 of any Supplement File shall not be used to increase or reduce the
scope of the license granted in Article 2 of this License or in any other
way increase or decrease the rights and obligations of any Recipient, and
shall at no time serve as the basis for terminating the License. Further,
a Recipient can be required to correct and change its documentation procedures
to comply with Part 1 of the Supplement File, but cannot be penalised with
damages. Part 1 of any Supplement File is only binding on each Recipient of
any Licensed Work to the extent Part 1 sets out the requirements for documenting
changes to the Initial Work or any Subsequent Work.
(e) An example of a set of requirements for documenting changes and contributions
made by Subsequent Contributor is set out in Part 7 of Exhibit A of this License.
Part 7 is a sample only and is not binding on Recipients, unless (subject
to the earlier paragraphs of this Section 3.8) those are the requirements
that the Initial Contributor includes in Part 1 of the Supplement File with
the copies of the Initial Work distributed under this License.
3.9. USE OF DISTRIBUTOR NAME.
The name of a Distributor may not be used by any other Distributor to endorse or promote the Licensed Work or products derived from the Licensed Work, without prior written permission.
The name of a Distributor may not be used by any other Distributor to endorse
or promote the Licensed Work or products derived from the Licensed Work, without
prior written permission.
3.10. LIMITED RECOGNITION OF INITIAL CONTRIBUTOR.
(a) As a modest attribution to the Initial Contributor, in the hope that its promotional value may help justify the time, money and effort invested in writing the Initial Work, the Initial Contributor may include in Part 2 of the Supplement File a requirement that each time an executable program resulting from the Initial Work or any Subsequent Work, or a program dependent thereon, is launched or run, a prominent display of the Initial Contributor's attribution information must occur (the "ATTRIBUTION INFORMATION"). The Attribution Information must be included at the beginning of each Source Code file. For greater certainty, the Initial Contributor may specify in the Supplement File that the above attribution requirement only applies to an executable program resulting from the Initial Work or any Subsequent Work, but not a program dependent thereon. The intent is to provide for reasonably modest attribution, therefore the Initial Contributor may not require Recipients to display, at any time, more than the following Attribution Information: (a) a copyright notice including the name of the Initial Contributor; (b) a word or one phrase (not exceeding 10 words); (c) one digital image or graphic provided with the Initial Work; and (d) a URL (collectively, the "ATTRIBUTION LIMITS").
(b) If no Supplement File exists, or no Attribution Information is set out in Part 2 of the Supplement File, then there are no requirements for Recipients to display any Attribution Information of the Initial Contributor.
(c) Each Recipient acknowledges that all trademarks, service marks and/or trade names contained within Part 2 of the Supplement File distributed with the Licensed Work are the exclusive property of the Initial Contributor and may only be used with the permission of the Initial Contributor, or under circumstances otherwise permitted by law, or as expressly set out in this License.
3.11. For greater certainty, any description or attribution provisions contained within a Supplement File may only be used to specify the nature of the description or attribution requirements, as the case may be. Any provision in a Supplement File that otherwise purports to modify, vary, nullify or amend any right, obligation or representation contained herein shall be deemed void to that extent, and shall be of no force or effect.
(a) As a modest attribution to the Initial Contributor, in the hope that its
promotional value may help justify the time, money and effort invested in
writing the Initial Work, the Initial Contributor may include in Part 2 of
the Supplement File a requirement that each time an executable program resulting
from the Initial Work or any Subsequent Work, or a program dependent thereon,
is launched or run, a prominent display of the Initial Contributor's attribution
information must occur (the "ATTRIBUTION INFORMATION"). The Attribution Information
must be included at the beginning of each Source Code file. For greater certainty,
the Initial Contributor may specify in the Supplement File that the above
attribution requirement only applies to an executable program resulting from
the Initial Work or any Subsequent Work, but not a program dependent thereon.
The intent is to provide for reasonably modest attribution, therefore the
Initial Contributor may not require Recipients to display, at any time, more
than the following Attribution Information: (a) a copyright notice including
the name of the Initial Contributor; (b) a word or one phrase (not exceeding
10 words); (c) one digital image or graphic provided with the Initial Work;
and (d) a URL (collectively, the "ATTRIBUTION LIMITS").
(b) If no Supplement File exists, or no Attribution Information is set out
in Part 2 of the Supplement File, then there are no requirements for Recipients
to display any Attribution Information of the Initial Contributor.
(c) Each Recipient acknowledges that all trademarks, service marks and/or
trade names contained within Part 2 of the Supplement File distributed with
the Licensed Work are the exclusive property of the Initial Contributor and
may only be used with the permission of the Initial Contributor, or under
circumstances otherwise permitted by law, or as expressly set out in this
License.
3.11. For greater certainty, any description or attribution provisions contained
within a Supplement File may only be used to specify the nature of the description
or attribution requirements, as the case may be. Any provision in a Supplement
File that otherwise purports to modify, vary, nullify or amend any right,
obligation or representation contained herein shall be deemed void to that
extent, and shall be of no force or effect.
4. COMMERCIAL USE AND INDEMNITY.
4.1. COMMERCIAL SERVICES.
A Recipient ("COMMERCIAL RECIPIENT") may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations (collectively, "SERVICES") to one or more other Recipients or Distributors. However, such Commercial Recipient may do so only on that Commercial Recipient's own behalf, and not on behalf of any other Distributor or Recipient, and Commercial Recipient must make it clear than any such warranty, support, indemnity or liability obligation(s) is/are offered by Commercial Recipient alone. At no time may Commercial Recipient use any Services to deny any party the Licensed Work in Source Code or Executable form when so required under any of the other terms of this License. For greater certainty, this Section 4.1 does not diminish any of the other terms of this License, including without limitation the obligation of the Commercial Recipient as a Distributor, when distributing any of the Licensed Work in Source Code or Executable form, to make such distribution royalty-free (subject to the right to charge a fee of no more than the cost of physically performing Source Code or Executable distribution (as the case may be)).
A Recipient ("COMMERCIAL RECIPIENT") may choose to offer, and to charge a
fee for, warranty, support, indemnity or liability obligations (collectively,
"SERVICES") to one or more other Recipients or Distributors. However, such
Commercial Recipient may do so only on that Commercial Recipient's own behalf,
and not on behalf of any other Distributor or Recipient, and Commercial Recipient
must make it clear than any such warranty, support, indemnity or liability
obligation(s) is/are offered by Commercial Recipient alone. At no time may
Commercial Recipient use any Services to deny any party the Licensed Work
in Source Code or Executable form when so required under any of the other
terms of this License. For greater certainty, this Section 4.1 does not diminish
any of the other terms of this License, including without limitation the obligation
of the Commercial Recipient as a Distributor, when distributing any of the
Licensed Work in Source Code or Executable form, to make such distribution
royalty-free (subject to the right to charge a fee of no more than the cost
of physically performing Source Code or Executable distribution (as the case
may be)).
4.2. INDEMNITY.
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this License is intended to facilitate the commercial use of the Licensed Work, the Distributor who includes any of the Licensed Work in a commercial product offering should do so in a manner which does not create potential liability for other Distributors. Therefore, if a Distributor includes the Licensed Work in a commercial product offering or offers any Services, such Distributor ("COMMERCIAL DISTRIBUTOR") hereby agrees to defend and indemnify every other Distributor or Subsequent Contributor (in each case an "INDEMNIFIED PARTY") against any losses, damages and costs (collectively "LOSSES") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Party to the extent caused by the acts or omissions of such Commercial Distributor in connection with its distribution of any of the Licensed Work in a commercial product offering or in connection with any Services. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Party must: (a) promptly notify the Commercial Distributor in writing of such claim; and (b) allow the Commercial Distributor to control, and co-operate with the Commercial Distributor in, the defense and any related settlement negotiations. The Indemnified Party may participate in any such claim at its own expense.
Commercial distributors of software may accept certain responsibilities with
respect to end users, business partners and the like. While this License is
intended to facilitate the commercial use of the Licensed Work, the Distributor
who includes any of the Licensed Work in a commercial product offering should
do so in a manner which does not create potential liability for other Distributors.
Therefore, if a Distributor includes the Licensed Work in a commercial product
offering or offers any Services, such Distributor ("COMMERCIAL DISTRIBUTOR")
hereby agrees to defend and indemnify every other Distributor or Subsequent
Contributor (in each case an "INDEMNIFIED PARTY") against any losses, damages
and costs (collectively "LOSSES") arising from claims, lawsuits and other
legal actions brought by a third party against the Indemnified Party to the
extent caused by the acts or omissions of such Commercial Distributor in connection
with its distribution of any of the Licensed Work in a commercial product
offering or in connection with any Services. The obligations in this section
do not apply to any claims or Losses relating to any actual or alleged intellectual
property infringement. In order to qualify, an Indemnified Party must: (a)
promptly notify the Commercial Distributor in writing of such claim; and (b)
allow the Commercial Distributor to control, and co-operate with the Commercial
Distributor in, the defense and any related settlement negotiations. The Indemnified
Party may participate in any such claim at its own expense.
5. VERSIONS OF THE LICENSE.
5.1. NEW VERSIONS.
The Initial Contributor may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
The Initial Contributor may publish revised and/or new versions of the License
from time to time. Each version will be given a distinguishing version number.
5.2. EFFECT OF NEW VERSIONS.
Once the Licensed Work or any portion thereof has been published by Initial Contributor under a particular version of the License, Recipient may choose to continue to use it under the terms of that version. However, if a Recipient chooses to use the Licensed Work under the terms of any subsequent version of the License published by the Initial Contributor, then from the date of making this choice, the Recipient must comply with the terms of that subsequent version with respect to all further reproduction, preparation of derivative works, public display of, public performance of, distribution and sublicensing by the Recipient in connection with the Licensed Work. No one other than the Initial Contributor has the right to modify the terms applicable to the Licensed Work
Once the Licensed Work or any portion thereof has been published by Initial
Contributor under a particular version of the License, Recipient may choose
to continue to use it under the terms of that version. However, if a Recipient
chooses to use the Licensed Work under the terms of any subsequent version
of the License published by the Initial Contributor, then from the date of
making this choice, the Recipient must comply with the terms of that subsequent
version with respect to all further reproduction, preparation of derivative
works, public display of, public performance of, distribution and sublicensing
by the Recipient in connection with the Licensed Work. No one other than the
Initial Contributor has the right to modify the terms applicable to the Licensed
Work
6. DISCLAIMER OF WARRANTY.
6.1. GENERAL DISCLAIMER.
EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE LICENSED WORK IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE, ASSURANCE OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED WORK IS WITH RECIPIENT. SHOULD ANY LICENSED WORK PROVE DEFECTIVE IN ANY RESPECT, RECIPIENT (NOT THE INITIAL CONTRIBUTOR OR ANY SUBSEQUENT CONTRIBUTOR) ASSUMES THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS CLAUSE CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION THIS DISCLAIMER.
EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE LICENSED WORK IS PROVIDED
UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY,
GUARANTEE, ASSURANCE OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO
THE QUALITY AND PERFORMANCE OF THE LICENSED WORK IS WITH RECIPIENT. SHOULD
ANY LICENSED WORK PROVE DEFECTIVE IN ANY RESPECT, RECIPIENT (NOT THE INITIAL
CONTRIBUTOR OR ANY SUBSEQUENT CONTRIBUTOR) ASSUMES THE COST OF ANY NECESSARY
SERVICING, REPAIR OR CORRECTION. THIS CLAUSE CONSTITUTES AN ESSENTIAL PART
OF THIS LICENSE. NO USE OF ANY LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT
UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION THIS DISCLAIMER.
6.2. RESPONSIBILITY OF RECIPIENTS.
Each Recipient is solely responsible for determining the appropriateness of using and distributing the Licensed Work and assumes all risks associated with its exercise of rights under this License, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
Each Recipient is solely responsible for determining the appropriateness of
using and distributing the Licensed Work and assumes all risks associated
with its exercise of rights under this License, including but not limited
to the risks and costs of program errors, compliance with applicable laws,
damage to or loss of data, programs or equipment, and unavailability or interruption
of operations.
7. TERMINATION.
7.1. This License shall continue until terminated in accordance with the express terms herein.
7.1. This License shall continue until terminated in accordance with the express
terms herein.
7.2. Recipient may choose to terminate this License automatically at any time.
7.3. This License, including without limitation the rights granted hereunder to a particular Recipient, will terminate automatically if such Recipient is in material breach of any of the terms of this License and fails to cure such breach within sixty (60) days of becoming aware of the breach. Without limiting the foregoing, any material breach by such Recipient of any term of any other License under which such Recipient is granted any rights to the Licensed Work shall constitute a material breach of this License.
7.4. Upon termination of this License by or with respect to a particular Recipient for any reason, all rights granted hereunder and under any other License to that Recipient shall terminate. However, all sublicenses to the Licensed Work which were previously properly granted by such Recipient under a copy of this License (in each case, an "Other License" and in plural, "Other Licenses") shall survive any such termination of this License, including without limitation the rights and obligations under such Other Licenses as set out in their respective Sections 2, 3, 4, 5, 6, 7 and 8, mutatis mutandis, for so long as the respective sublicensees (i.e. other Recipients) remain in compliance with the terms of the copy of this License under which such sublicensees received rights to the Licensed Work. Any termination of such Other Licenses shall be pursuant to their respective Section 7, mutatis mutandis. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
7.5. Upon any termination of this License by or with respect to a particular Recipient, Sections 4.1, 4.2, 6.1, 6.2, 7.4, 7.5, 8.1, and 8.2, together with all provisions of this License necessary for the interpretation and enforcement of same, shall expressly survive such termination.
7.3. This License, including without limitation the rights granted hereunder
to a particular Recipient, will terminate automatically if such Recipient
is in material breach of any of the terms of this License and fails to cure
such breach within sixty (60) days of becoming aware of the breach. Without
limiting the foregoing, any material breach by such Recipient of any term
of any other License under which such Recipient is granted any rights to the
Licensed Work shall constitute a material breach of this License.
7.4. Upon termination of this License by or with respect to a particular Recipient
for any reason, all rights granted hereunder and under any other License to
that Recipient shall terminate. However, all sublicenses to the Licensed Work
which were previously properly granted by such Recipient under a copy of this
License (in each case, an "Other License" and in plural, "Other Licenses")
shall survive any such termination of this License, including without limitation
the rights and obligations under such Other Licenses as set out in their respective
Sections 2, 3, 4, 5, 6, 7 and 8, mutatis mutandis, for so long as the respective
sublicensees (i.e. other Recipients) remain in compliance with the terms of
the copy of this License under which such sublicensees received rights to
the Licensed Work. Any termination of such Other Licenses shall be pursuant
to their respective Section 7, mutatis mutandis. Provisions which, by their
nature, must remain in effect beyond the termination of this License shall
survive.
7.5. Upon any termination of this License by or with respect to a particular
Recipient, Sections 4.1, 4.2, 6.1, 6.2, 7.4, 7.5, 8.1, and 8.2, together with
all provisions of this License necessary for the interpretation and enforcement
of same, shall expressly survive such termination.
8. LIMITATION OF LIABILITY.
8.1. IN NO EVENT SHALL ANY OF INITIAL CONTRIBUTOR, ITS SUBSIDIARIES, OR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS (AS THE CASE MAY BE), HAVE ANY LIABILITY FOR ANY DIRECT DAMAGES, INDIRECT DAMAGES, PUNITIVE DAMAGES, INCIDENTAL DAMAGES, SPECIAL DAMAGES, EXEMPLARY DAMAGES, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA OR PROFITS, OR ANY OTHER LOSS ARISING OUT OF OR IN ANY WAY RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE LICENSED WORK OR ANY PART THEREOF OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) IN RELATION TO OR ARISING IN ANY WAY OUT OF THIS LICENSE OR THE USE OR DISTRIBUTION OF THE LICENSED WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. THIS CLAUSE CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION THE LIMITATIONS SET FORTH IN THIS SECTION 8.1.
8.2. EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, EACH RECIPIENT SHALL NOT HAVE ANY LIABILITY FOR ANY EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE LICENSED WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
8.1. IN NO EVENT SHALL ANY OF INITIAL CONTRIBUTOR, ITS SUBSIDIARIES, OR AFFILIATES,
OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS
(AS THE CASE MAY BE), HAVE ANY LIABILITY FOR ANY DIRECT DAMAGES, INDIRECT
DAMAGES, PUNITIVE DAMAGES, INCIDENTAL DAMAGES, SPECIAL DAMAGES, EXEMPLARY
DAMAGES, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING
WITHOUT LIMITATION LOSS OF USE, DATA OR PROFITS, OR ANY OTHER LOSS ARISING
OUT OF OR IN ANY WAY RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE,
PERFORMANCE, OR NON-PERFORMANCE OF THE LICENSED WORK OR ANY PART THEREOF OR
THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR THAT RESULT FROM
ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER
FAILURE OF PERFORMANCE), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
IN RELATION TO OR ARISING IN ANY WAY OUT OF THIS LICENSE OR THE USE OR DISTRIBUTION
OF THE LICENSED WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
THIS CLAUSE CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY LICENSED
WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION
THE LIMITATIONS SET FORTH IN THIS SECTION 8.1.
8.2. EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, EACH RECIPIENT SHALL NOT
HAVE ANY LIABILITY FOR ANY EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE LICENSED WORK OR
THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY
FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE
EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
9. GOVERNING LAW AND LEGAL ACTION.
9.1. This License shall be governed by and construed in accordance with the laws of the Governing Jurisdiction assigned in Part 3 of Exhibit A, without regard to its conflict of law provisions. No party may bring a legal action under this License more than one year after the cause of the action arose. Each party waives its rights (if any) to a jury trial in any litigation arising under this License. Note that if the Governing Jurisdiction is not assigned in Part 3 of Exhibit A, then the Governing Jurisdiction shall be the State of New York.
9.2. The courts of the Governing Jurisdiction shall have jurisdiction, but not exclusive jurisdiction, to entertain and determine all disputes and claims, whether for specific performance, injunction, damages or otherwise, both at law and in equity, arising out of or in any way relating to this License, including without limitation, the legality, validity, existence and enforceability of this License. Each party to this License hereby irrevocably attorns to and accepts the jurisdiction of the courts of the Governing Jurisdiction for such purposes.
9.3. Except as expressly set forth elsewhere herein, in the event of any action or proceeding brought by any party against another under this License the prevailing party shall be entitled to recover all costs and expenses including the fees of its attorneys in such action or proceeding in such amount as the court may adjudge reasonable.
9.1. This License shall be governed by and construed in accordance with the
laws of the Governing Jurisdiction assigned in Part 3 of Exhibit A, without
regard to its conflict of law provisions. No party may bring a legal action
under this License more than one year after the cause of the action arose.
Each party waives its rights (if any) to a jury trial in any litigation arising
under this License. Note that if the Governing Jurisdiction is not assigned
in Part 3 of Exhibit A, then the Governing Jurisdiction shall be the State
of New York.
9.2. The courts of the Governing Jurisdiction shall have jurisdiction, but
not exclusive jurisdiction, to entertain and determine all disputes and claims,
whether for specific performance, injunction, damages or otherwise, both at
law and in equity, arising out of or in any way relating to this License,
including without limitation, the legality, validity, existence and enforceability
of this License. Each party to this License hereby irrevocably attorns to
and accepts the jurisdiction of the courts of the Governing Jurisdiction for
such purposes.
9.3. Except as expressly set forth elsewhere herein, in the event of any action
or proceeding brought by any party against another under this License the
prevailing party shall be entitled to recover all costs and expenses including
the fees of its attorneys in such action or proceeding in such amount as the
court may adjudge reasonable.
10. MISCELLANEOUS.
10.1. The obligations imposed by this License are for the benefit of the Initial Contributor and any Recipient, and each Recipient acknowledges and agrees that the Initial Contributor and/or any other Recipient may enforce the terms and conditions of this License against any Recipient.
10.2. This License represents the complete agreement concerning subject matter hereof, and supersedes and cancels all previous oral and written communications, representations, agreements and understandings between the parties with respect to the subject matter hereof.
10.3. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
10.4. The language in all parts of this License shall be in all cases construed simply according to its fair meaning, and not strictly for or against any of the parties hereto. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
10.5. If any provision of this License is invalid or unenforceable under the laws of the Governing Jurisdiction, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
10.6. The paragraph headings of this License are for reference and convenience only and are not a part of this License, and they shall have no effect upon the construction or interpretation of any part hereof.
10.7. Each of the terms "including", "include" and "includes", when used in this License, is not limiting whether or not non-limiting language (such as "without limitation" or "but not limited to" or words of similar import) is used with reference thereto.
10.8. The parties hereto acknowledge they have expressly required that this License and notices relating thereto be drafted in the English language. //***THE LICENSE TERMS END HERE (OTHER THAN AS SET OUT IN EXHIBIT A).***//
10.1. The obligations imposed by this License are for the benefit of the Initial
Contributor and any Recipient, and each Recipient acknowledges and agrees
that the Initial Contributor and/or any other Recipient may enforce the terms
and conditions of this License against any Recipient.
10.2. This License represents the complete agreement concerning subject matter
hereof, and supersedes and cancels all previous oral and written communications,
representations, agreements and understandings between the parties with respect
to the subject matter hereof.
10.3. The application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded.
10.4. The language in all parts of this License shall be in all cases construed
simply according to its fair meaning, and not strictly for or against any
of the parties hereto. Any law or regulation which provides that the language
of a contract shall be construed against the drafter shall not apply to this
License.
10.5. If any provision of this License is invalid or unenforceable under the
laws of the Governing Jurisdiction, it shall not affect the validity or enforceability
of the remainder of the terms of this License, and without further action
by the parties hereto, such provision shall be reformed to the minimum extent
necessary to make such provision valid and enforceable.
10.6. The paragraph headings of this License are for reference and convenience
only and are not a part of this License, and they shall have no effect upon
the construction or interpretation of any part hereof.
10.7. Each of the terms "including", "include" and "includes", when used in
this License, is not limiting whether or not non-limiting language (such as
"without limitation" or "but not limited to" or words of similar import) is
used with reference thereto.
10.8. The parties hereto acknowledge they have expressly required that this
License and notices relating thereto be drafted in the English language. //***THE
LICENSE TERMS END HERE (OTHER THAN AS SET OUT IN EXHIBIT A).***//
EXHIBIT A (to the Adaptive Public License)
PART 1: INITIAL CONTRIBUTOR AND DESIGNATED WEB SITE
The Initial Contributor is:
________________________________________________
[Enter full name of Initial Contributor]
Address of Initial Contributor:
________________________________________________
________________________________________________
________________________________________________
[Enter address above]
The Designated Web Site is:
________________________________________________
[Enter URL for Designated Web Site of Initial Contributor]
NOTE: The Initial Contributor is to complete this Part 1, along with Parts 2, 3, and 5, and, if applicable, Parts 4 and 6.
NOTE: The Initial Contributor is to complete this Part 1, along with Parts
2, 3, and 5, and, if applicable, Parts 4 and 6.
PART 2: INITIAL WORK
The Initial Work comprises the computer program(s) distributed by the Initial Contributor having the following title(s): _______________________________________________.
The date on which the Initial Work was first available under this License: _________________
The Initial Work comprises the computer program(s) distributed by the Initial
Contributor having the following title(s): _______________________________________________.
The date on which the Initial Work was first available under this License:
_________________
PART 3: GOVERNING JURISDICTION
For the purposes of this License, the Governing Jurisdiction is _________________________________________________. [Initial Contributor to Enter Governing Jurisdiction here]
For the purposes of this License, the Governing Jurisdiction is _________________________________________________.
[Initial Contributor to Enter Governing Jurisdiction here]
PART 4: THIRD PARTIES
For the purposes of this License, "Third Party" has the definition set forth below in the ONE paragraph selected by the Initial Contributor from paragraphs A, B, C, D and E when the Initial Work is distributed or otherwise made available by the Initial Contributor. To select one of the following paragraphs, the Initial Contributor must place an "X" or "x" in the selection box alongside the one respective paragraph selected.
For the purposes of this License, "Third Party" has the definition set forth
below in the ONE paragraph selected by the Initial Contributor from paragraphs
A, B, C, D and E when the Initial Work is distributed or otherwise made available
by the Initial Contributor. To select one of the following paragraphs, the
Initial Contributor must place an "X" or "x" in the selection box alongside
the one respective paragraph selected.
SELECTION
BOX PARAGRAPH
[ ] A. "THIRD PARTY" means any third party.
[ ] B. "THIRD PARTY" means any third party except for any of the following: (a) a wholly owned subsidiary of the Subsequent Contributor in question; (b) a legal entity (the "PARENT") that wholly owns the Subsequent Contributor in question; or (c) a wholly owned subsidiary of the wholly owned subsidiary in (a) or of the Parent in (b).
[ ] C. "THIRD PARTY" means any third party except for any of the following: (a) any Person directly or indirectly owning a majority of the voting interest in the Subsequent Contributor or (b) any Person in which the Subsequent Contributor directly or indirectly owns a majority voting interest.
[ ] D. "THIRD PARTY" means any third party except for any Person directly or indirectly controlled by the Subsequent Contributor. For purposes of this definition, "control" shall mean the power to direct or cause the direction of, the management and policies of such Person whether through the ownership of voting interests, by contract, or otherwise.
[ ] B. "THIRD PARTY" means any third party except for any of the following:
(a) a wholly owned subsidiary of the Subsequent Contributor in question; (b)
a legal entity (the "PARENT") that wholly owns the Subsequent Contributor
in question; or (c) a wholly owned subsidiary of the wholly owned subsidiary
in (a) or of the Parent in (b).
[ ] C. "THIRD PARTY" means any third party except for any of the following:
(a) any Person directly or indirectly owning a majority of the voting interest
in the Subsequent Contributor or (b) any Person in which the Subsequent Contributor
directly or indirectly owns a majority voting interest.
[ ] D. "THIRD PARTY" means any third party except for any Person directly
or indirectly controlled by the Subsequent Contributor. For purposes of this
definition, "control" shall mean the power to direct or cause the direction
of, the management and policies of such Person whether through the ownership
of voting interests, by contract, or otherwise.
[ ] E. "THIRD PARTY" means any third party except for any Person directly
or indirectly controlling, controlled by, or under common control with the
Subsequent Contributor. For purposes of this definition, "control" shall mean
the power to direct or cause the direction of, the management and policies
of such Person whether through the ownership of voting interests, by contract,
or otherwise.
The default definition of "THIRD PARTY" is the definition set forth in paragraph
A, if NONE OR MORE THAN ONE of paragraphs A, B, C, D or E in this Part 4 are
selected by the Initial Contributor.
[ ] E. "THIRD PARTY" means any third party except for any Person directly or indirectly controlling, controlled by, or under common control with the Subsequent Contributor. For purposes of this definition, "control" shall mean the power to direct or cause the direction of, the management and policies of such Person whether through the ownership of voting interests, by contract, or otherwise.
The default definition of "THIRD PARTY" is the definition set forth in paragraph A, if NONE OR MORE THAN ONE of paragraphs A, B, C, D or E in this Part 4 are selected by the Initial Contributor.
PART 5: NOTICE
THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THE ADAPTIVE PUBLIC LICENSE ("LICENSE") AS FIRST COMPLETED BY: ______________________ [Insert the name of the Initial Contributor here]. ANY USE, PUBLIC DISPLAY, PUBLIC PERFORMANCE, REPRODUCTION OR DISTRIBUTION OF, OR PREPARATION OF DERIVATIVE WORKS BASED ON, THE LICENSED WORK CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE TERMS OF THE LICENSE. "LICENSED WORK" AND "RECIPIENT" ARE DEFINED IN THE LICENSE. A COPY OF THE LICENSE IS LOCATED IN THE TEXT FILE ENTITLED "LICENSE.TXT" ACCOMPANYING THE CONTENTS OF THIS FILE. IF A COPY OF THE LICENSE DOES NOT ACCOMPANY THIS FILE, A COPY OF THE LICENSE MAY ALSO BE OBTAINED AT THE FOLLOWING WEB SITE: ___________________________________________________[Insert Initial Contributor's Designated Web Site here]
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THE ADAPTIVE PUBLIC LICENSE
("LICENSE") AS FIRST COMPLETED BY: ______________________ [Insert the name
of the Initial Contributor here]. ANY USE, PUBLIC DISPLAY, PUBLIC PERFORMANCE,
REPRODUCTION OR DISTRIBUTION OF, OR PREPARATION OF DERIVATIVE WORKS BASED
ON, THE LICENSED WORK CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND
ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE TERMS OF THE LICENSE. "LICENSED
WORK" AND "RECIPIENT" ARE DEFINED IN THE LICENSE. A COPY OF THE LICENSE IS
LOCATED IN THE TEXT FILE ENTITLED "LICENSE.TXT" ACCOMPANYING THE CONTENTS
OF THIS FILE. IF A COPY OF THE LICENSE DOES NOT ACCOMPANY THIS FILE, A COPY
OF THE LICENSE MAY ALSO BE OBTAINED AT THE FOLLOWING WEB SITE: ___________________________________________________[Insert
Initial Contributor's Designated Web Site here]
Software distributed under the License is distributed on an "AS IS" basis,
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
the specific language governing rights and limitations under the License.
PART 6: PATENT LICENSING TERMS
For the purposes of this License, paragraphs A, B, C, D and E of this Part 6 of Exhibit A are only incorporated and form part of the terms of the License if the Initial Contributor places an "X" or "x" in the selection box alongside the YES answer to the question immediately below.
For the purposes of this License, paragraphs A, B, C, D and E of this Part
6 of Exhibit A are only incorporated and form part of the terms of the License
if the Initial Contributor places an "X" or "x" in the selection box alongside
the YES answer to the question immediately below.
Is this a Patents-Included License pursuant to Section 2.2 of the License?
YES [ ]
NO [ ]
By default, if YES is not selected by the Initial Contributor, the answer is NO.
A. For the purposes of the paragraphs in this Part 6 of Exhibit A, "LICENSABLE" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights granted herein.
B. The Initial Contributor hereby grants all Recipients a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, under patent claim(s) Licensable by the Initial Contributor that are or would be infringed by the making, using, selling, offering for sale, having made, importing, exporting, transfer or disposal of such Initial Work or any portion thereof. Notwithstanding the foregoing, no patent license is granted under this Paragraph B by the Initial Contributor: (1) for any code that the Initial Contributor deletes from the Initial Work (or any portion thereof) distributed by the Initial Contributor prior to such distribution; (2) for any Modifications made to the Initial Work (or any portion thereof) by any other Person; or (3) separate from the Initial Work (or portions thereof) distributed or made available by the Initial Contributor.
C. Effective upon distribution by a Subsequent Contributor to a Third Party of any Modifications made by that Subsequent Contributor, such Subsequent Contributor hereby grants all Recipients a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, under patent claim(s) Licensable by such Subsequent Contributor that are or would be infringed by the making, using, selling, offering for sale, having made, importing, exporting, transfer or disposal of any such Modifications made by that Subsequent Contributor alone and/or in combination with its Subsequent Work (or portions of such combination) to make, use, sell, offer for sale, have made, import, export, transfer and otherwise dispose of:
(1) Modifications made by that Subsequent Contributor (or portions thereof); and
(2) the combination of Modifications made by that Subsequent Contributor with its Subsequent Work (or portions of such combination);
By default, if YES is not selected by the Initial Contributor, the answer
is NO.
A. For the purposes of the paragraphs in this Part 6 of Exhibit A, "LICENSABLE"
means having the right to grant, to the maximum extent possible, whether at
the time of the initial grant or subsequently acquired, any and all of the
rights granted herein.
B. The Initial Contributor hereby grants all Recipients a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property claims,
under patent claim(s) Licensable by the Initial Contributor that are or would
be infringed by the making, using, selling, offering for sale, having made,
importing, exporting, transfer or disposal of such Initial Work or any portion
thereof. Notwithstanding the foregoing, no patent license is granted under
this Paragraph B by the Initial Contributor: (1) for any code that the Initial
Contributor deletes from the Initial Work (or any portion thereof) distributed
by the Initial Contributor prior to such distribution; (2) for any Modifications
made to the Initial Work (or any portion thereof) by any other Person; or
(3) separate from the Initial Work (or portions thereof) distributed or made
available by the Initial Contributor.
C. Effective upon distribution by a Subsequent Contributor to a Third Party
of any Modifications made by that Subsequent Contributor, such Subsequent
Contributor hereby grants all Recipients a world-wide, royalty-free, non-exclusive
license, subject to third party intellectual property claims, under patent
claim(s) Licensable by such Subsequent Contributor that are or would be infringed
by the making, using, selling, offering for sale, having made, importing,
exporting, transfer or disposal of any such Modifications made by that Subsequent
Contributor alone and/or in combination with its Subsequent Work (or portions
of such combination) to make, use, sell, offer for sale, have made, import,
export, transfer and otherwise dispose of:
(1) Modifications made by that Subsequent Contributor (or portions thereof);
and
(2) the combination of Modifications made by that Subsequent Contributor with
its Subsequent Work (or portions of such combination);
(collectively and in each case, the "SUBSEQUENT CONTRIBUTOR VERSION").
Notwithstanding the foregoing, no patent license is granted under this Paragraph C by such Subsequent Contributor: (1) for any code that such Subsequent Contributor deletes from the Subsequent Contributor Version (or any portion thereof) distributed by the Subsequent Contributor prior to such distribution; (2) for any Modifications made to the Subsequent Contributor Version (or any portion thereof) by any other Person; or (3) separate from the Subsequent Contributor Version (or portions thereof) distributed or made available by the Subsequent Contributor.
D. Effective upon distribution of any Licensed Work by a Distributor to a Third Party, such Distributor hereby grants all Recipients a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, under patent claim(s) Licensable by such Distributor that are or would be infringed by the making, using, selling, offering for sale, having made, importing, exporting, transfer or disposal of any such Licensed Work distributed by such Distributor, to make, use, sell, offer for sale, have made, import, export, transfer and otherwise dispose of such Licensed Work or portions thereof (collectively and in each case, the "DISTRIBUTOR VERSION"). Notwithstanding the foregoing, no patent license is granted under this Paragraph D by such Distributor: (1) for any code that such Distributor deletes from the Distributor Version (or any portion thereof) distributed by the Distributor prior to such distribution; (2) for any Modifications made to the Distributor Version (or any portion thereof) by any other Person; or (3) separate from the Distributor Version (or portions thereof) distributed or made available by the Distributor.
E. If Recipient institutes patent litigation against another Recipient (a "USER") with respect to a patent applicable to a computer program or software (including a cross-claim or counterclaim in a lawsuit, and whether or not any of the patent claims are directed to a system, method, process, apparatus, device, product, article of manufacture or any other form of patent claim), then any patent or copyright license granted by that User to such Recipient under this License or any other copy of this License shall terminate. The termination shall be effective ninety (90) days after notice of termination from User to Recipient, unless the Recipient withdraws the patent litigation claim before the end of the ninety (90) day period. To be effective, any such notice of license termination must include a specific list of applicable patents and/or a copy of the copyrighted work of User that User alleges will be infringed by Recipient upon License termination. License termination is only effective with respect to patents and/or copyrights for which proper notice has been given.
Notwithstanding the foregoing, no patent license is granted under this Paragraph
C by such Subsequent Contributor: (1) for any code that such Subsequent Contributor
deletes from the Subsequent Contributor Version (or any portion thereof) distributed
by the Subsequent Contributor prior to such distribution; (2) for any Modifications
made to the Subsequent Contributor Version (or any portion thereof) by any
other Person; or (3) separate from the Subsequent Contributor Version (or
portions thereof) distributed or made available by the Subsequent Contributor.
D. Effective upon distribution of any Licensed Work by a Distributor to a
Third Party, such Distributor hereby grants all Recipients a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property claims,
under patent claim(s) Licensable by such Distributor that are or would be
infringed by the making, using, selling, offering for sale, having made, importing,
exporting, transfer or disposal of any such Licensed Work distributed by such
Distributor, to make, use, sell, offer for sale, have made, import, export,
transfer and otherwise dispose of such Licensed Work or portions thereof (collectively
and in each case, the "DISTRIBUTOR VERSION"). Notwithstanding the foregoing,
no patent license is granted under this Paragraph D by such Distributor: (1)
for any code that such Distributor deletes from the Distributor Version (or
any portion thereof) distributed by the Distributor prior to such distribution;
(2) for any Modifications made to the Distributor Version (or any portion
thereof) by any other Person; or (3) separate from the Distributor Version
(or portions thereof) distributed or made available by the Distributor.
E. If Recipient institutes patent litigation against another Recipient (a
"USER") with respect to a patent applicable to a computer program or software
(including a cross-claim or counterclaim in a lawsuit, and whether or not
any of the patent claims are directed to a system, method, process, apparatus,
device, product, article of manufacture or any other form of patent claim),
then any patent or copyright license granted by that User to such Recipient
under this License or any other copy of this License shall terminate. The
termination shall be effective ninety (90) days after notice of termination
from User to Recipient, unless the Recipient withdraws the patent litigation
claim before the end of the ninety (90) day period. To be effective, any such
notice of license termination must include a specific list of applicable patents
and/or a copy of the copyrighted work of User that User alleges will be infringed
by Recipient upon License termination. License termination is only effective
with respect to patents and/or copyrights for which proper notice has been
given.
PART 7: SAMPLE REQUIREMENTS FOR THE DESCRIPTION OF DISTRIBUTED MODIFICATIONS
Each Subsequent Contributor (including the Initial Contributor where the Initial Contributor qualifies as a Subsequent Contributor) is invited (but not required) to cause each Subsequent Work created or contributed to by that Subsequent Contributor to contain a file documenting the changes such Subsequent Contributor made to create that Subsequent Work and the date of any change.
Each Subsequent Contributor (including the Initial Contributor where the Initial
Contributor qualifies as a Subsequent Contributor) is invited (but not required)
to cause each Subsequent Work created or contributed to by that Subsequent
Contributor to contain a file documenting the changes such Subsequent Contributor
made to create that Subsequent Work and the date of any change.
//***EXHIBIT A ENDS HERE.***//

View File

@ -1,55 +1,327 @@
APPLE PUBLIC SOURCE LICENSE
Version 1.0 - March 16, 1999 Please read this License carefully before downloading this software. By downloading and using this software, you are agreeing to be bound by the terms of this License. If you do not or cannot agree to the terms of this License, please do not download or use the software.
1. General; Definitions. This License applies to any program or other work which Apple Computer, Inc. ("Apple") publicly announces as subject to this Apple Public Source License and which contains a notice placed by Apple identifying such program or work as "Original Code" and stating that it is subject to the terms of this Apple Public Source License version 1.0 (or subsequent version thereof), as it may be revised from time to time by Apple ("License"). As used in this License:
1.1 "Applicable Patents" mean: (a) in the case where Apple is the grantor of rights, (i) patents or patent applications that are now or hereafter acquired, owned by or assigned to Apple and (ii) whose claims cover subject matter contained in the Original Code, but only to the extent necessary to use, reproduce and/or distribute the Original Code without infringement; and (b) in the case where You are the grantor of rights, (i) patents and patent applications that are now or hereafter acquired, owned by or assigned to You and (ii) whose claims cover subject matter in Your Modifications, taken alone or in combination with Original Code.
1.2 "Covered Code" means the Original Code, Modifications, the combination of Original Code and any Modifications, and/or any respective portions thereof.
1.3 "Deploy" means to use, sublicense or distribute Covered Code other than for Your internal research and development (R&D), and includes without limitation, any and all internal use or distribution of Covered Code within Your business or organization except for R&D use, as well as direct or indirect sublicensing or distribution of Covered Code by You to any third party in any form or manner.
1.4 "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.5 "Modifications" mean any addition to, deletion from, and/or change to, the substance and/or structure of Covered Code. When code is released as a series of files, a Modification is: (a) any addition to or deletion from the contents of a file containing Covered Code; and/or (b) any new file or other representation of computer program statements that contains any part of Covered Code.
1.6 "Original Code" means the Source Code of a program or other work as originally made available by Apple under this License, including the Source Code of any updates or upgrades to such programs or works made available by Apple under this License, and that has been expressly identified by Apple as such in the header file(s) of such work.
1.7 "Source Code" means the human readable form of a program or other work that is suitable for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an executable (object code).
1.8 "You" or "Your" means an individual or a legal entity exercising rights under this License. For legal entities, "You" or "Your" includes any entity which controls, is controlled by, or is under common control with, You, where "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
2. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions of this License, Apple hereby grants You, effective on the date You accept this License and download the Original Code, a world-wide, royalty-free, non-exclusive license, to the extent of Apple's Applicable Patents and copyrights covering the Original Code, to do the following:
2.1 You may use, copy, modify and distribute Original Code, with or without Modifications, solely for Your internal research and development, provided that You must in each instance:
(a) retain and reproduce in all copies of Original Code the copyright and other proprietary notices and disclaimers of Apple as they appear in the Original Code, and keep intact all notices in the Original Code that refer to this License;
(b) include a copy of this License with every copy of Source Code of Covered Code and documentation You distribute, and You may not offer or impose any terms on such Source Code that alter or restrict this License or the recipients' rights hereunder, except as permitted under Section 6; and
(c) completely and accurately document all Modifications that you have made and the date of each such Modification, designate the version of the Original Code you used, prominently include a file carrying such information with the Modifications, and duplicate the notice in Exhibit A in each file of the Source Code of all such Modifications.
Version 1.0 - March 16, 1999 Please read this License carefully before downloading
this software. By downloading and using this software, you are agreeing to
be bound by the terms of this License. If you do not or cannot agree to the
terms of this License, please do not download or use the software.
1. General; Definitions. This License applies to any program or other work
which Apple Computer, Inc. ("Apple") publicly announces as subject to this
Apple Public Source License and which contains a notice placed by Apple identifying
such program or work as "Original Code" and stating that it is subject to
the terms of this Apple Public Source License version 1.0 (or subsequent version
thereof), as it may be revised from time to time by Apple ("License"). As
used in this License:
1.1 "Applicable Patents" mean: (a) in the case where Apple is the grantor
of rights, (i) patents or patent applications that are now or hereafter acquired,
owned by or assigned to Apple and (ii) whose claims cover subject matter contained
in the Original Code, but only to the extent necessary to use, reproduce and/or
distribute the Original Code without infringement; and (b) in the case where
You are the grantor of rights, (i) patents and patent applications that are
now or hereafter acquired, owned by or assigned to You and (ii) whose claims
cover subject matter in Your Modifications, taken alone or in combination
with Original Code.
1.2 "Covered Code" means the Original Code, Modifications, the combination
of Original Code and any Modifications, and/or any respective portions thereof.
1.3 "Deploy" means to use, sublicense or distribute Covered Code other than
for Your internal research and development (R&D), and includes without limitation,
any and all internal use or distribution of Covered Code within Your business
or organization except for R&D use, as well as direct or indirect sublicensing
or distribution of Covered Code by You to any third party in any form or manner.
1.4 "Larger Work" means a work which combines Covered Code or portions thereof
with code not governed by the terms of this License.
1.5 "Modifications" mean any addition to, deletion from, and/or change to,
the substance and/or structure of Covered Code. When code is released as a
series of files, a Modification is: (a) any addition to or deletion from the
contents of a file containing Covered Code; and/or (b) any new file or other
representation of computer program statements that contains any part of Covered
Code.
1.6 "Original Code" means the Source Code of a program or other work as originally
made available by Apple under this License, including the Source Code of any
updates or upgrades to such programs or works made available by Apple under
this License, and that has been expressly identified by Apple as such in the
header file(s) of such work.
1.7 "Source Code" means the human readable form of a program or other work
that is suitable for making modifications to it, including all modules it
contains, plus any associated interface definition files, scripts used to
control compilation and installation of an executable (object code).
1.8 "You" or "Your" means an individual or a legal entity exercising rights
under this License. For legal entities, "You" or "Your" includes any entity
which controls, is controlled by, or is under common control with, You, where
"control" means (a) the power, direct or indirect, to cause the direction
or management of such entity, whether by contract or otherwise, or (b) ownership
of fifty percent (50%) or more of the outstanding shares or beneficial ownership
of such entity.
2. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions
of this License, Apple hereby grants You, effective on the date You accept
this License and download the Original Code, a world-wide, royalty-free, non-exclusive
license, to the extent of Apple's Applicable Patents and copyrights covering
the Original Code, to do the following:
2.1 You may use, copy, modify and distribute Original Code, with or without
Modifications, solely for Your internal research and development, provided
that You must in each instance:
(a) retain and reproduce in all copies of Original Code the copyright and
other proprietary notices and disclaimers of Apple as they appear in the Original
Code, and keep intact all notices in the Original Code that refer to this
License;
(b) include a copy of this License with every copy of Source Code of Covered
Code and documentation You distribute, and You may not offer or impose any
terms on such Source Code that alter or restrict this License or the recipients'
rights hereunder, except as permitted under Section 6; and
(c) completely and accurately document all Modifications that you have made
and the date of each such Modification, designate the version of the Original
Code you used, prominently include a file carrying such information with the
Modifications, and duplicate the notice in Exhibit A in each file of the Source
Code of all such Modifications.
2.2 You may Deploy Covered Code, provided that You must in each instance:
(a) satisfy all the conditions of Section 2.1 with respect to the Source Code of the Covered Code;
(b) make all Your Deployed Modifications publicly available in Source Code form via electronic distribution (e.g. download from a web site) under the terms of this License and subject to the license grants set forth in Section 3 below, and any additional terms You may choose to offer under Section 6. You must continue to make the Source Code of Your Deployed Modifications available for as long as you Deploy the Covered Code or twelve (12) months from the date of initial Deployment, whichever is longer;
(c) must notify Apple and other third parties of how to obtain Your Deployed Modifications by filling out and submitting the required information found at http://www.apple.com/publicsource/modifications.html; and
(d) if you Deploy Covered Code in object code, executable form only, include a prominent notice, in the code itself as well as in related documentation, stating that Source Code of the Covered Code is available under the terms of this License with information on how and where to obtain such Source Code.
3. Your Grants. In consideration of, and as a condition to, the licenses granted to You under this License:
(a) You hereby grant to Apple and all third parties a non-exclusive, royalty-free license, under Your Applicable Patents and other intellectual property rights owned or controlled by You, to use, reproduce, modify, distribute and Deploy Your Modifications of the same scope and extent as Apple's licenses under Sections 2.1 and 2.2; and
(b) You hereby grant to Apple and its subsidiaries a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license, under Your Applicable Patents and other intellectual property rights owned or controlled by You, to use, reproduce, execute, compile, display, perform, modify or have modified (for Apple and/or its subsidiaries), sublicense and distribute Your Modifications, in any form, through multiple tiers of distribution.
4. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In each such instance, You must make sure the requirements of this License are fulfilled for the Covered Code or any portion thereof.
5. Limitations on Patent License. Except as expressly stated in Section 2, no other patent rights, express or implied, are granted by Apple herein. Modifications and/or Larger Works may require additional patent licenses from Apple which Apple may grant in its sole discretion.
6. Additional Terms. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations and/or other rights consistent with the scope of the license granted herein ("Additional Terms") to one or more recipients of Covered Code. However, You may do so only on Your own behalf and as Your sole responsibility, and not on behalf of Apple. You must obtain the recipient's agreement that any such Additional Terms are offered by You alone, and You hereby agree to indemnify, defend and hold Apple harmless for any liability incurred by or claims asserted against Apple by reason of any such Additional Terms.
7. Versions of the License. Apple may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Once Original Code has been published under a particular version of this License, You may continue to use it under the terms of that version. You may also choose to use such Original Code under the terms of any subsequent version of this License published by Apple. No one other than Apple has the right to modify the terms applicable to Covered Code created under this License.
8. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or in part pre-release, untested, or not fully tested works. The Original Code may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Original Code, or any portion thereof, is at Your sole and entire risk. THE ORIGINAL CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS 8 AND 9, APPLE AND APPLE'S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS "APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ORIGINAL CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. You acknowledge that the Original Code is not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, or air traffic control machines in which case the failure of the Original Code could lead to death, personal injury, or severe physical or environmental damage.
(a) satisfy all the conditions of Section 2.1 with respect to the Source Code
of the Covered Code;
(b) make all Your Deployed Modifications publicly available in Source Code
form via electronic distribution (e.g. download from a web site) under the
terms of this License and subject to the license grants set forth in Section
3 below, and any additional terms You may choose to offer under Section 6.
You must continue to make the Source Code of Your Deployed Modifications available
for as long as you Deploy the Covered Code or twelve (12) months from the
date of initial Deployment, whichever is longer;
(c) must notify Apple and other third parties of how to obtain Your Deployed
Modifications by filling out and submitting the required information found
at http://www.apple.com/publicsource/modifications.html; and
(d) if you Deploy Covered Code in object code, executable form only, include
a prominent notice, in the code itself as well as in related documentation,
stating that Source Code of the Covered Code is available under the terms
of this License with information on how and where to obtain such Source Code.
3. Your Grants. In consideration of, and as a condition to, the licenses granted
to You under this License:
(a) You hereby grant to Apple and all third parties a non-exclusive, royalty-free
license, under Your Applicable Patents and other intellectual property rights
owned or controlled by You, to use, reproduce, modify, distribute and Deploy
Your Modifications of the same scope and extent as Apple's licenses under
Sections 2.1 and 2.2; and
(b) You hereby grant to Apple and its subsidiaries a non-exclusive, worldwide,
royalty-free, perpetual and irrevocable license, under Your Applicable Patents
and other intellectual property rights owned or controlled by You, to use,
reproduce, execute, compile, display, perform, modify or have modified (for
Apple and/or its subsidiaries), sublicense and distribute Your Modifications,
in any form, through multiple tiers of distribution.
4. Larger Works. You may create a Larger Work by combining Covered Code with
other code not governed by the terms of this License and distribute the Larger
Work as a single product. In each such instance, You must make sure the requirements
of this License are fulfilled for the Covered Code or any portion thereof.
5. Limitations on Patent License. Except as expressly stated in Section 2,
no other patent rights, express or implied, are granted by Apple herein. Modifications
and/or Larger Works may require additional patent licenses from Apple which
Apple may grant in its sole discretion.
6. Additional Terms. You may choose to offer, and to charge a fee for, warranty,
support, indemnity or liability obligations and/or other rights consistent
with the scope of the license granted herein ("Additional Terms") to one or
more recipients of Covered Code. However, You may do so only on Your own behalf
and as Your sole responsibility, and not on behalf of Apple. You must obtain
the recipient's agreement that any such Additional Terms are offered by You
alone, and You hereby agree to indemnify, defend and hold Apple harmless for
any liability incurred by or claims asserted against Apple by reason of any
such Additional Terms.
7. Versions of the License. Apple may publish revised and/or new versions
of this License from time to time. Each version will be given a distinguishing
version number. Once Original Code has been published under a particular version
of this License, You may continue to use it under the terms of that version.
You may also choose to use such Original Code under the terms of any subsequent
version of this License published by Apple. No one other than Apple has the
right to modify the terms applicable to Covered Code created under this License.
8. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or in part
pre-release, untested, or not fully tested works. The Original Code may contain
errors that could cause failures or loss of data, and may be incomplete or
contain inaccuracies. You expressly acknowledge and agree that use of the
Original Code, or any portion thereof, is at Your sole and entire risk. THE
ORIGINAL CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT
OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS
8 AND 9, APPLE AND APPLE'S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS "APPLE")
EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY
OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF
THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN
THE ORIGINAL CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY
OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. You acknowledge that the
Original Code is not intended for use in the operation of nuclear facilities,
aircraft navigation, communication systems, or air traffic control machines
in which case the failure of the Original Code could lead to death, personal
injury, or severe physical or environmental damage.
9. Liability.
9.1 Infringement. If any of the Original Code becomes the subject ofa claim of infringement ("Affected Original Code"), Apple may, at its sole discretion and option: (a) attempt to procure the rights necessary for You to continue using the Affected Original Code; (b) modify the Affected Original Code so that it is no longer infringing; or (c) terminate Your rights to use the Affected Original Code, effective immediately upon Apple's posting of a notice to such effect on the Apple web site that is used for implementation of this License.
9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall Apple's total liability to You for all damages under this License exceed the amount of fifty dollars ($50.00).
10. Trademarks. This License does not grant any rights to use the trademarks or trade names "Apple", "Apple Computer", "Mac OS X", "Mac OS X Server" or any other trademarks or trade names belonging to Apple (collectively "Apple Marks") and no Apple Marks may be used to endorse or promote products derived from the Original Code
other than as permitted by and in strict compliance at all times with Apple's third party trademark usage guidelines which are posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
11. Ownership. Apple retains all rights, title and interest in and to the Original Code and any Modifications made by or on behalf of Apple ("Apple Modifications"), and such Apple Modifications will not be automatically subject to this License. Apple may, at its sole discretion, choose to license such Apple Modifications under this License, or on different terms from those contained in this License or may choose not to license them at all. Apple's development, use, reproduction, modification, sublicensing and distribution of Covered Code will not be subject to this License.
9.1 Infringement. If any of the Original Code becomes the subject ofa claim
of infringement ("Affected Original Code"), Apple may, at its sole discretion
and option: (a) attempt to procure the rights necessary for You to continue
using the Affected Original Code; (b) modify the Affected Original Code so
that it is no longer infringing; or (c) terminate Your rights to use the Affected
Original Code, effective immediately upon Apple's posting of a notice to such
effect on the Apple web site that is used for implementation of this License.
9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE LIABLE
FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT
OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE ORIGINAL
CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE
FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall Apple's total
liability to You for all damages under this License exceed the amount of fifty
dollars ($50.00).
10. Trademarks. This License does not grant any rights to use the trademarks
or trade names "Apple", "Apple Computer", "Mac OS X", "Mac OS X Server" or
any other trademarks or trade names belonging to Apple (collectively "Apple
Marks") and no Apple Marks may be used to endorse or promote products derived
from the Original Code
other than as permitted by and in strict compliance at all times with Apple's
third party trademark usage guidelines which are posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
11. Ownership. Apple retains all rights, title and interest in and to the
Original Code and any Modifications made by or on behalf of Apple ("Apple
Modifications"), and such Apple Modifications will not be automatically subject
to this License. Apple may, at its sole discretion, choose to license such
Apple Modifications under this License, or on different terms from those contained
in this License or may choose not to license them at all. Apple's development,
use, reproduction, modification, sublicensing and distribution of Covered
Code will not be subject to this License.
12. Termination.
12.1 Termination. This License and the rights granted hereunder will terminate:
(a) automatically without notice from Apple if You fail to comply with any term(s) of this License and fail to cure such breach within 30 days of becoming aware of such breach;
(b) immediately in the event of the circumstances described in Sections 9.1 and/or 13.6(b); or
(c) automatically without notice from Apple if You, at any time during the term of this License, commence an action for patent infringement against Apple.
12.2 Effect of Termination. Upon termination, You agree to immediately stop any further use, reproduction, modification and distribution of the Covered Code, or Affected Original Code in the case of termination under Section 9.1, and to destroy all copies of the Covered Code or Affected Original Code (in the case of
termination under Section 9.1) that are in your possession or control. All sublicenses to the Covered Code which have been properly granted prior to termination shall survive any termination of this License. Provisions which, by their nature, should remain in effect beyond the termination of this License shall survive, including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. Neither party will be liable to the other for compensation, indemnity or damages of any sort solely as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy of either party.
(a) automatically without notice from Apple if You fail to comply with any
term(s) of this License and fail to cure such breach within 30 days of becoming
aware of such breach;
(b) immediately in the event of the circumstances described in Sections 9.1
and/or 13.6(b); or
(c) automatically without notice from Apple if You, at any time during the
term of this License, commence an action for patent infringement against Apple.
12.2 Effect of Termination. Upon termination, You agree to immediately stop
any further use, reproduction, modification and distribution of the Covered
Code, or Affected Original Code in the case of termination under Section 9.1,
and to destroy all copies of the Covered Code or Affected Original Code (in
the case of
termination under Section 9.1) that are in your possession or control. All
sublicenses to the Covered Code which have been properly granted prior to
termination shall survive any termination of this License. Provisions which,
by their nature, should remain in effect beyond the termination of this License
shall survive, including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2
and 13. Neither party will be liable to the other for compensation, indemnity
or damages of any sort solely as a result of terminating this License in accordance
with its terms, and termination of this License will be without prejudice
to any other right or remedy of either party.
13. Miscellaneous.
13.1 Export Law Assurances. You may not use or otherwise export or re-export the Original Code except as authorized by United States law and the laws of the jurisdiction in which the Original Code was obtained. In particular, but without limitation, the Original Code may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed country or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Original Code, You represent and warrant that You are not located in, under control of, or a national or resident of any such country or on any such list.
13.2 Government End Users. The Covered Code is a "commercial item" as defined in FAR 2.101. Government software and technical data rights in the Covered Code include only those rights customarily provided to the public as defined in this License. This customary commercial license in technical data and software is provided in
accordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
13.3 Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture or any other form of legal association between You and Apple, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise.
13.4 Independent Development. Nothing in this License will impair Apple's right to acquire, license, develop, have others develop for it, market and/or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Modifications, Larger Works, technology or products that You may develop, produce, market or distribute.
13.5 Waiver; Construction. Failure by Apple to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this License.
13.6 Severability. (a) If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this License will continue in full force and effect. (b) Notwithstanding the foregoing, if applicable law prohibits or restricts You from fully and/or specifically complying with Sections 2 and/or 3 or prevents the enforceability of either of those Sections, this License will immediately terminate and You must immediately discontinue any use of the Covered Code and destroy all copies of it that are in your possession or control.
13.7 Dispute Resolution. Any litigation or other dispute resolution between You and Apple relating to this License shall take place in the Northern District of California, and You and Apple hereby consent to the personal jurisdiction of, and venue in, the state and federal courts within that District with respect to this License. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
13.8 Entire Agreement; Governing Law. This License constitutes the entire agreement between the parties with respect to the subject matter hereof. This License shall be governed by the laws of the United States and the State of California, except that body of California law concerning conflicts of law.
Where You are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this License and all related documents be drafted in English. Les parties ont exige que le present contrat et tous les documents connexes soient rediges en anglais. EXHIBIT A.
"Portions Copyright (c) 1999 Apple Computer, Inc. All Rights Reserved. This file contains Original Code and/or Modifications of Original Code as defined in and that are subject to the Apple Public Source License Version 1.0 (the 'License'). You may not use this file except in compliance with the License. Please obtain a copy of the License at http://www.apple.com/publicsource and read it before using this file.
The Original Code and all software distributed under the License are distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please see the License for the specific language governing rights and limitations under the License."
13.1 Export Law Assurances. You may not use or otherwise export or re-export
the Original Code except as authorized by United States law and the laws of
the jurisdiction in which the Original Code was obtained. In particular, but
without limitation, the Original Code may not be exported or re-exported (a)
into (or to a national or resident of) any U.S. embargoed country or (b) to
anyone on the U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Department of Commerce's Table of Denial Orders. By using the
Original Code, You represent and warrant that You are not located in, under
control of, or a national or resident of any such country or on any such list.
13.2 Government End Users. The Covered Code is a "commercial item" as defined
in FAR 2.101. Government software and technical data rights in the Covered
Code include only those rights customarily provided to the public as defined
in this License. This customary commercial license in technical data and software
is provided in
accordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software)
and, for Department of Defense purchases, DFAR 252.227-7015 (Technical Data
-- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software
or Computer Software Documentation). Accordingly, all U.S. Government End
Users acquire Covered Code with only those rights set forth herein.
13.3 Relationship of Parties. This License will not be construed as creating
an agency, partnership, joint venture or any other form of legal association
between You and Apple, and You will not represent to the contrary, whether
expressly, by implication, appearance or otherwise.
13.4 Independent Development. Nothing in this License will impair Apple's
right to acquire, license, develop, have others develop for it, market and/or
distribute technology or products that perform the same or similar functions
as, or otherwise compete with, Modifications, Larger Works, technology or
products that You may develop, produce, market or distribute.
13.5 Waiver; Construction. Failure by Apple to enforce any provision of this
License will not be deemed a waiver of future enforcement of that or any other
provision. Any law or regulation which provides that the language of a contract
shall be construed against the drafter will not apply to this License.
13.6 Severability. (a) If for any reason a court of competent jurisdiction
finds any provision of this License, or portion thereof, to be unenforceable,
that provision of the License will be enforced to the maximum extent permissible
so as to effect the economic benefits and intent of the parties, and the remainder
of this License will continue in full force and effect. (b) Notwithstanding
the foregoing, if applicable law prohibits or restricts You from fully and/or
specifically complying with Sections 2 and/or 3 or prevents the enforceability
of either of those Sections, this License will immediately terminate and You
must immediately discontinue any use of the Covered Code and destroy all copies
of it that are in your possession or control.
13.7 Dispute Resolution. Any litigation or other dispute resolution between
You and Apple relating to this License shall take place in the Northern District
of California, and You and Apple hereby consent to the personal jurisdiction
of, and venue in, the state and federal courts within that District with respect
to this License. The application of the United Nations Convention on Contracts
for the International Sale of Goods is expressly excluded.
13.8 Entire Agreement; Governing Law. This License constitutes the entire
agreement between the parties with respect to the subject matter hereof. This
License shall be governed by the laws of the United States and the State of
California, except that body of California law concerning conflicts of law.
Where You are located in the province of Quebec, Canada, the following clause
applies: The parties hereby confirm that they have requested that this License
and all related documents be drafted in English. Les parties ont exige que
le present contrat et tous les documents connexes soient rediges en anglais.
EXHIBIT A.
"Portions Copyright (c) 1999 Apple Computer, Inc. All Rights Reserved. This
file contains Original Code and/or Modifications of Original Code as defined
in and that are subject to the Apple Public Source License Version 1.0 (the
'License'). You may not use this file except in compliance with the License.
Please obtain a copy of the License at http://www.apple.com/publicsource and
read it before using this file.
The Original Code and all software distributed under the License are distributed
on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Please see the License for the specific language governing rights and limitations
under the License."

View File

@ -1,54 +1,333 @@
APPLE PUBLIC SOURCE LICENSE
Version 1.1 - April 19, 1999 Please read this License carefully before downloading this software.
By downloading and using this software, you are agreeing to be bound by the terms of this License. If you do not or cannot agree to the terms of this License, please do not download or use the software.
1. General; Definitions. This License applies to any program or other work which Apple Computer, Inc. ("Apple") publicly announces as subject to this Apple Public Source License and which contains a notice placed by Apple identifying such program or work as "Original Code" and stating that it is subject to the terms of this Apple Public Source License version 1.1 (or subsequent version thereof), as it may be revised from time to time by Apple ("License"). As used in this License:
1.1 "Affected Original Code" means only those specific portions of Original Code that allegedly infringe upon any party's intellectual property rights or are otherwise the subject of a claim of infringement.
1.2 "Applicable Patent Rights" mean: (a) in the case where Apple is the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to Apple and (ii) that cover subject matter contained in the Original Code, but only to the extent necessary to use, reproduce and/or distribute the Original Code without infringement; and (b) in the case where You are the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to You and (ii) that cover subject matter in Your Modifications, taken alone or in combination with Original Code.
1.3 "Covered Code" means the Original Code, Modifications, the combination of Original Code and any Modifications, and/or any respective portions thereof.
1.4 "Deploy" means to use, sublicense or distribute Covered Code other than for Your internal research and development (R&D), and includes without limitation, any and all internal use or distribution of Covered Code within Your business or organization except for R&D use, as well as direct or indirect sublicensing or distribution of Covered Code by You to any third party in any form or manner.
1.5 "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.6 "Modifications" mean any addition to, deletion from, and/or change to, the substance and/or structure of Covered Code. When code is released as a series of files, a Modification is: (a) any addition to or deletion from the contents of a file containing Covered Code; and/or (b) any new file or other representation of computer program statements that contains any part of Covered Code.
1.7 "Original Code" means (a) the Source Code of a program or other work as originally made available by Apple under this License, including the Source Code of any updates or upgrades to such programs or works made available by Apple under this License, and that has been expressly identified by Apple as such in the header file(s) of such work; and (b) the object code compiled from such Source Code and originally made available by Apple under this License.
1.8 "Source Code" means the human readable form of a program or other work that is suitable for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an executable (object code).
1.9 "You" or "Your" means an individual or a legal entity exercising rights under this License. For legal entities, "You" or "Your" includes any entity which controls, is controlled by, or is under common control with, You, where "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
2. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions of this License, Apple hereby grants You, effective on the date You accept this License and download the Original Code, a world-wide, royalty-free, non- exclusive license, to the extent of Apple's Applicable Patent Rights and copyrights covering the Original Code, to do the following:
2.1 You may use, copy, modify and distribute Original Code, with or without Modifications, solely for Your internal research and development, provided that You must in each instance:
(a) retain and reproduce in all copies of Original Code the copyright and other proprietary notices and disclaimers of Apple as they appear in the Original Code, and keep intact all notices in the Original Code that refer to this License;
(b) include a copy of this License with every copy of Source Code of Covered Code and documentation You distribute, and You may not offer or impose any terms on such Source Code that alter or restrict this License or the recipients' rights hereunder, except as permitted under Section 6; and
(c) completely and accurately document all Modifications that you have made and the date of each such Modification, designate the version of the Original Code you used, prominently include a file carrying such information with the Modifications, and duplicate the notice in Exhibit A in each file of the Source Code of all such Modifications.
Version 1.1 - April 19, 1999 Please read this License carefully before downloading
this software.
By downloading and using this software, you are agreeing to be bound by the
terms of this License. If you do not or cannot agree to the terms of this
License, please do not download or use the software.
1. General; Definitions. This License applies to any program or other work
which Apple Computer, Inc. ("Apple") publicly announces as subject to this
Apple Public Source License and which contains a notice placed by Apple identifying
such program or work as "Original Code" and stating that it is subject to
the terms of this Apple Public Source License version 1.1 (or subsequent version
thereof), as it may be revised from time to time by Apple ("License"). As
used in this License:
1.1 "Affected Original Code" means only those specific portions of Original
Code that allegedly infringe upon any party's intellectual property rights
or are otherwise the subject of a claim of infringement.
1.2 "Applicable Patent Rights" mean: (a) in the case where Apple is the grantor
of rights, (i) claims of patents that are now or hereafter acquired, owned
by or assigned to Apple and (ii) that cover subject matter contained in the
Original Code, but only to the extent necessary to use, reproduce and/or distribute
the Original Code without infringement; and (b) in the case where You are
the grantor of rights, (i) claims of patents that are now or hereafter acquired,
owned by or assigned to You and (ii) that cover subject matter in Your Modifications,
taken alone or in combination with Original Code.
1.3 "Covered Code" means the Original Code, Modifications, the combination
of Original Code and any Modifications, and/or any respective portions thereof.
1.4 "Deploy" means to use, sublicense or distribute Covered Code other than
for Your internal research and development (R&D), and includes without limitation,
any and all internal use or distribution of Covered Code within Your business
or organization except for R&D use, as well as direct or indirect sublicensing
or distribution of Covered Code by You to any third party in any form or manner.
1.5 "Larger Work" means a work which combines Covered Code or portions thereof
with code not governed by the terms of this License.
1.6 "Modifications" mean any addition to, deletion from, and/or change to,
the substance and/or structure of Covered Code. When code is released as a
series of files, a Modification is: (a) any addition to or deletion from the
contents of a file containing Covered Code; and/or (b) any new file or other
representation of computer program statements that contains any part of Covered
Code.
1.7 "Original Code" means (a) the Source Code of a program or other work as
originally made available by Apple under this License, including the Source
Code of any updates or upgrades to such programs or works made available by
Apple under this License, and that has been expressly identified by Apple
as such in the header file(s) of such work; and (b) the object code compiled
from such Source Code and originally made available by Apple under this License.
1.8 "Source Code" means the human readable form of a program or other work
that is suitable for making modifications to it, including all modules it
contains, plus any associated interface definition files, scripts used to
control compilation and installation of an executable (object code).
1.9 "You" or "Your" means an individual or a legal entity exercising rights
under this License. For legal entities, "You" or "Your" includes any entity
which controls, is controlled by, or is under common control with, You, where
"control" means (a) the power, direct or indirect, to cause the direction
or management of such entity, whether by contract or otherwise, or (b) ownership
of fifty percent (50%) or more of the outstanding shares or beneficial ownership
of such entity.
2. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions
of this License, Apple hereby grants You, effective on the date You accept
this License and download the Original Code, a world-wide, royalty-free, non-
exclusive license, to the extent of Apple's Applicable Patent Rights and copyrights
covering the Original Code, to do the following:
2.1 You may use, copy, modify and distribute Original Code, with or without
Modifications, solely for Your internal research and development, provided
that You must in each instance:
(a) retain and reproduce in all copies of Original Code the copyright and
other proprietary notices and disclaimers of Apple as they appear in the Original
Code, and keep intact all notices in the Original Code that refer to this
License;
(b) include a copy of this License with every copy of Source Code of Covered
Code and documentation You distribute, and You may not offer or impose any
terms on such Source Code that alter or restrict this License or the recipients'
rights hereunder, except as permitted under Section 6; and
(c) completely and accurately document all Modifications that you have made
and the date of each such Modification, designate the version of the Original
Code you used, prominently include a file carrying such information with the
Modifications, and duplicate the notice in Exhibit A in each file of the Source
Code of all such Modifications.
2.2 You may Deploy Covered Code, provided that You must in each instance:
(a) satisfy all the conditions of Section 2.1 with respect to the Source Code of the Covered Code;
(b) make all Your Deployed Modifications publicly available in Source Code form via electronic distribution (e.g. download from a web site) under the terms of this License and subject to the license grants set forth in Section 3 below, and any additional terms You may choose to offer under Section 6. You must continue to make the Source Code of Your Deployed Modifications available for as long as you Deploy the Covered Code or twelve (12) months from the date of initial Deployment, whichever is longer;
(c) if You Deploy Covered Code containing Modifications made by You, inform others of how to obtain those Modifications by filling out and submitting the information found at http://www.apple.com/publicsource/modifications.html, if available; and
(d) if You Deploy Covered Code in object code, executable form only, include a prominent notice, in the code itself as well as in related documentation, stating that Source Code of the Covered Code is available under the terms of this License with information on how and where to obtain such Source Code.
3. Your Grants. In consideration of, and as a condition to, the licenses granted to You under this License:
(a) You hereby grant to Apple and all third parties a non-exclusive, royalty-free license, under Your Applicable Patent Rights and other intellectual property rights owned or controlled by You, to use, reproduce, modify, distribute and Deploy Your Modifications of the same scope and extent as Apple's licenses under Sections 2.1 and 2.2; and
(b) You hereby grant to Apple and its subsidiaries a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license, under Your Applicable Patent Rights and other intellectual property rights owned or controlled by You, to use, reproduce, execute, compile, display, perform, modify or have modified (for Apple and/or its subsidiaries), sublicense and distribute Your Modifications, in any form, through multiple tiers of distribution.
4. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In each such instance, You must make sure the requirements of this License are fulfilled for the Covered Code or any portion thereof.
5. Limitations on Patent License. Except as expressly stated in Section 2, no other patent rights, express or implied, are granted by Apple herein. Modifications and/or Larger Works may require additional patent licenses from Apple which Apple may grant in its sole discretion.
6. Additional Terms. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations and/or other rights consistent with the scope of the license granted herein ("Additional Terms") to one or more recipients of Covered Code. However, You may do so only on Your own behalf and as Your sole responsibility, and not on behalf of Apple. You must obtain the recipient's agreement that any such Additional Terms are offered by You alone, and You hereby agree to indemnify, defend and hold Apple harmless for any liability incurred by or claims asserted against Apple by reason of any such Additional Terms.
7. Versions of the License. Apple may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Once Original Code has been published under a particular version of this License, You may continue to use it under the terms of that version. You may also choose to use such Original Code under the terms of any subsequent version of this License published by Apple. No one other than Apple has the right to modify the terms applicable to Covered Code created under this License.
8. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or in part pre-release, untested, or not fully tested works. The Original Code may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Original Code, or any portion thereof, is at Your sole and entire risk. THE ORIGINAL CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS 8 AND 9, APPLE AND APPLE'S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS "APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT DEFECTS IN THE ORIGINAL CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. You acknowledge that the Original Code is not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, or air traffic control machines in which case the failure of the Original Code could lead to death, personal injury, or severe physical or environmental damage.
(a) satisfy all the conditions of Section 2.1 with respect to the Source Code
of the Covered Code;
(b) make all Your Deployed Modifications publicly available in Source Code
form via electronic distribution (e.g. download from a web site) under the
terms of this License and subject to the license grants set forth in Section
3 below, and any additional terms You may choose to offer under Section 6.
You must continue to make the Source Code of Your Deployed Modifications available
for as long as you Deploy the Covered Code or twelve (12) months from the
date of initial Deployment, whichever is longer;
(c) if You Deploy Covered Code containing Modifications made by You, inform
others of how to obtain those Modifications by filling out and submitting
the information found at http://www.apple.com/publicsource/modifications.html,
if available; and
(d) if You Deploy Covered Code in object code, executable form only, include
a prominent notice, in the code itself as well as in related documentation,
stating that Source Code of the Covered Code is available under the terms
of this License with information on how and where to obtain such Source Code.
3. Your Grants. In consideration of, and as a condition to, the licenses granted
to You under this License:
(a) You hereby grant to Apple and all third parties a non-exclusive, royalty-free
license, under Your Applicable Patent Rights and other intellectual property
rights owned or controlled by You, to use, reproduce, modify, distribute and
Deploy Your Modifications of the same scope and extent as Apple's licenses
under Sections 2.1 and 2.2; and
(b) You hereby grant to Apple and its subsidiaries a non-exclusive, worldwide,
royalty-free, perpetual and irrevocable license, under Your Applicable Patent
Rights and other intellectual property rights owned or controlled by You,
to use, reproduce, execute, compile, display, perform, modify or have modified
(for Apple and/or its subsidiaries), sublicense and distribute Your Modifications,
in any form, through multiple tiers of distribution.
4. Larger Works. You may create a Larger Work by combining Covered Code with
other code not governed by the terms of this License and distribute the Larger
Work as a single product. In each such instance, You must make sure the requirements
of this License are fulfilled for the Covered Code or any portion thereof.
5. Limitations on Patent License. Except as expressly stated in Section 2,
no other patent rights, express or implied, are granted by Apple herein. Modifications
and/or Larger Works may require additional patent licenses from Apple which
Apple may grant in its sole discretion.
6. Additional Terms. You may choose to offer, and to charge a fee for, warranty,
support, indemnity or liability obligations and/or other rights consistent
with the scope of the license granted herein ("Additional Terms") to one or
more recipients of Covered Code. However, You may do so only on Your own behalf
and as Your sole responsibility, and not on behalf of Apple. You must obtain
the recipient's agreement that any such Additional Terms are offered by You
alone, and You hereby agree to indemnify, defend and hold Apple harmless for
any liability incurred by or claims asserted against Apple by reason of any
such Additional Terms.
7. Versions of the License. Apple may publish revised and/or new versions
of this License from time to time. Each version will be given a distinguishing
version number. Once Original Code has been published under a particular version
of this License, You may continue to use it under the terms of that version.
You may also choose to use such Original Code under the terms of any subsequent
version of this License published by Apple. No one other than Apple has the
right to modify the terms applicable to Covered Code created under this License.
8. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or in part
pre-release, untested, or not fully tested works. The Original Code may contain
errors that could cause failures or loss of data, and may be incomplete or
contain inaccuracies. You expressly acknowledge and agree that use of the
Original Code, or any portion thereof, is at Your sole and entire risk. THE
ORIGINAL CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT
OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS
8 AND 9, APPLE AND APPLE'S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS "APPLE")
EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY
OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF
THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT DEFECTS IN
THE ORIGINAL CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY
OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. You acknowledge that the
Original Code is not intended for use in the operation of nuclear facilities,
aircraft navigation, communication systems, or air traffic control machines
in which case the failure of the Original Code could lead to death, personal
injury, or severe physical or environmental damage.
9. Liability.
9.1 Infringement. If any portion of, or functionality implemented by, the Original Code becomes the subject of a claim of infringement, Apple may, at its option: (a) attempt to procure the rights necessary for Apple and You to continue using the Affected Original Code; (b) modify the Affected Original Code so that it is no longer infringing; or (c) suspend Your rights to use, reproduce, modify, sublicense and distribute the Affected Original Code until a final determination of the claim is made by a court or governmental administrative agency of competent jurisdiction and Apple lifts the suspension as set forth below. Such suspension of rights will be effective immediately upon Apple's posting of a notice to such effect on the Apple web site that is used for implementation of this License. Upon such final determination being made, if Apple is legally able, without the payment of a fee or royalty, to resume use, reproduction, modification, sublicensing and distribution of the Affected Original Code, Apple will lift the suspension of rights to the Affected Original Code by posting a notice to such effect on the Apple web site that is used for implementation of this License. If Apple suspends Your rights to Affected Original Code, nothing in this License shall be construed to restrict You, at Your option and subject to applicable law, from replacing the Affected Original Code with non-infringing code or independently negotiating for necessary rights from such third party.
9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall Apple's total liability to You for all damages under this License exceed the amount of fifty dollars ($50.00).
10. Trademarks. This License does not grant any rights to use the trademarks or trade names "Apple", "Apple Computer", "Mac OS X", "Mac OS X Server" or any other trademarks or trade names belonging to Apple (collectively "Apple Marks") and no Apple Marks may be used to endorse or promote products derived from the Original Code other than as permitted by and in strict compliance at all times with Apple's third party trademark usage guidelines which are posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
11. Ownership. Apple retains all rights, title and interest in and to the Original Code and any Modifications made by or on behalf of Apple ("Apple Modifications"), and such Apple Modifications will not be automatically subject to this License. Apple may, at its sole discretion, choose to license such Apple Modifications under this License, or on different terms from those contained in this License or may choose not to license them at all. Apple's development, use, reproduction, modification, sublicensing and distribution of Covered Code will not be subject to this License.
9.1 Infringement. If any portion of, or functionality implemented by, the
Original Code becomes the subject of a claim of infringement, Apple may, at
its option: (a) attempt to procure the rights necessary for Apple and You
to continue using the Affected Original Code; (b) modify the Affected Original
Code so that it is no longer infringing; or (c) suspend Your rights to use,
reproduce, modify, sublicense and distribute the Affected Original Code until
a final determination of the claim is made by a court or governmental administrative
agency of competent jurisdiction and Apple lifts the suspension as set forth
below. Such suspension of rights will be effective immediately upon Apple's
posting of a notice to such effect on the Apple web site that is used for
implementation of this License. Upon such final determination being made,
if Apple is legally able, without the payment of a fee or royalty, to resume
use, reproduction, modification, sublicensing and distribution of the Affected
Original Code, Apple will lift the suspension of rights to the Affected Original
Code by posting a notice to such effect on the Apple web site that is used
for implementation of this License. If Apple suspends Your rights to Affected
Original Code, nothing in this License shall be construed to restrict You,
at Your option and subject to applicable law, from replacing the Affected
Original Code with non-infringing code or independently negotiating for necessary
rights from such third party.
9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE LIABLE
FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT
OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE ORIGINAL
CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE
FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall Apple's total
liability to You for all damages under this License exceed the amount of fifty
dollars ($50.00).
10. Trademarks. This License does not grant any rights to use the trademarks
or trade names "Apple", "Apple Computer", "Mac OS X", "Mac OS X Server" or
any other trademarks or trade names belonging to Apple (collectively "Apple
Marks") and no Apple Marks may be used to endorse or promote products derived
from the Original Code other than as permitted by and in strict compliance
at all times with Apple's third party trademark usage guidelines which are
posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
11. Ownership. Apple retains all rights, title and interest in and to the
Original Code and any Modifications made by or on behalf of Apple ("Apple
Modifications"), and such Apple Modifications will not be automatically subject
to this License. Apple may, at its sole discretion, choose to license such
Apple Modifications under this License, or on different terms from those contained
in this License or may choose not to license them at all. Apple's development,
use, reproduction, modification, sublicensing and distribution of Covered
Code will not be subject to this License.
12. Termination.
12.1 Termination. This License and the rights granted hereunder will terminate:
(a) automatically without notice from Apple if You fail to comply with any term(s) of this License and fail to cure such breach within 30 days of becoming aware of such breach;
(b) immediately in the event of the circumstances described in Section 13.5(b); or
(c) automatically without notice from Apple if You, at any time during the term of this License, commence an action for patent infringement against Apple.
12.2 Effect of Termination. Upon termination, You agree to immediately stop any further use, reproduction, modification, sublicensing and distribution of the Covered Code and to destroy all copies of the Covered Code that are in your possession or control. All sublicenses to the Covered Code which have been properly granted prior to termination shall survive any termination of this License. Provisions which, by their nature, should remain in effect beyond the termination of this License shall survive, including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. Neither party will be liable to the other for compensation, indemnity or damages of any sort solely as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy of either party.
(a) automatically without notice from Apple if You fail to comply with any
term(s) of this License and fail to cure such breach within 30 days of becoming
aware of such breach;
(b) immediately in the event of the circumstances described in Section 13.5(b);
or
(c) automatically without notice from Apple if You, at any time during the
term of this License, commence an action for patent infringement against Apple.
12.2 Effect of Termination. Upon termination, You agree to immediately stop
any further use, reproduction, modification, sublicensing and distribution
of the Covered Code and to destroy all copies of the Covered Code that are
in your possession or control. All sublicenses to the Covered Code which have
been properly granted prior to termination shall survive any termination of
this License. Provisions which, by their nature, should remain in effect beyond
the termination of this License shall survive, including but not limited to
Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. Neither party will be liable to
the other for compensation, indemnity or damages of any sort solely as a result
of terminating this License in accordance with its terms, and termination
of this License will be without prejudice to any other right or remedy of
either party.
13. Miscellaneous.
13.1 Government End Users. The Covered Code is a "commercial item" as defined in FAR 2.101. Government software and technical data rights in the Covered Code include only those rights customarily provided to the public as defined in this License. This customary commercial license in technical data and software is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
13.2 Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture or any other form of legal association between You and Apple, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise.
13.3 Independent Development. Nothing in this License will impair Apple's right to acquire, license, develop, have others develop for it, market and/or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Modifications, Larger Works, technology or products that You may
13.1 Government End Users. The Covered Code is a "commercial item" as defined
in FAR 2.101. Government software and technical data rights in the Covered
Code include only those rights customarily provided to the public as defined
in this License. This customary commercial license in technical data and software
is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer
Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical
Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software
or Computer Software Documentation). Accordingly, all U.S. Government End
Users acquire Covered Code with only those rights set forth herein.
13.2 Relationship of Parties. This License will not be construed as creating
an agency, partnership, joint venture or any other form of legal association
between You and Apple, and You will not represent to the contrary, whether
expressly, by implication, appearance or otherwise.
13.3 Independent Development. Nothing in this License will impair Apple's
right to acquire, license, develop, have others develop for it, market and/or
distribute technology or products that perform the same or similar functions
as, or otherwise compete with, Modifications, Larger Works, technology or
products that You may
develop, produce, market or distribute.
13.4 Waiver; Construction. Failure by Apple to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this License.
13.5 Severability. (a) If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this License will continue in full force and effect. (b) Notwithstanding the foregoing, if applicable law prohibits or restricts You from fully and/or specifically complying with Sections 2 and/or 3 or prevents the enforceability of either of those Sections, this License will immediately terminate and You must immediately discontinue any use of the Covered Code and destroy all copies of it that are in your possession or control.
13.6 Dispute Resolution. Any litigation or other dispute resolution between You and Apple relating to this License shall take place in the Northern District of California, and You and Apple hereby consent to the personal jurisdiction of, and venue in, the state and federal courts within that District with respect to this License. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
13.7 Entire Agreement; Governing Law. This License constitutes the entire agreement between the parties with respect to the subject matter hereof. This License shall be governed by the laws of the United States and the State of California, except that body of California law concerning conflicts of law.
Where You are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this License and all related documents be drafted in English. Les parties ont exige que le present contrat et tous les documents connexes soient rediges en anglais. EXHIBIT A.
"Portions Copyright (c) 1999-2000 Apple Computer, Inc. All Rights Reserved. This file contains Original Code and/or Modifications of Original Code as defined in and that are subject to the Apple Public Source License Version 1.1 (the "License"). You may not use this file except in compliance with the License. Please obtain a copy of the License at http://www.apple.com/publicsource and read it before using this file.
The Original Code and all software distributed under the License are distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. Please see the License for the specific language governing rights and limitations under the License."
13.4 Waiver; Construction. Failure by Apple to enforce any provision of this
License will not be deemed a waiver of future enforcement of that or any other
provision. Any law or regulation which provides that the language of a contract
shall be construed against the drafter will not apply to this License.
13.5 Severability. (a) If for any reason a court of competent jurisdiction
finds any provision of this License, or portion thereof, to be unenforceable,
that provision of the License will be enforced to the maximum extent permissible
so as to effect the economic benefits and intent of the parties, and the remainder
of this License will continue in full force and effect. (b) Notwithstanding
the foregoing, if applicable law prohibits or restricts You from fully and/or
specifically complying with Sections 2 and/or 3 or prevents the enforceability
of either of those Sections, this License will immediately terminate and You
must immediately discontinue any use of the Covered Code and destroy all copies
of it that are in your possession or control.
13.6 Dispute Resolution. Any litigation or other dispute resolution between
You and Apple relating to this License shall take place in the Northern District
of California, and You and Apple hereby consent to the personal jurisdiction
of, and venue in, the state and federal courts within that District with respect
to this License. The application of the United Nations Convention on Contracts
for the International Sale of Goods is expressly excluded.
13.7 Entire Agreement; Governing Law. This License constitutes the entire
agreement between the parties with respect to the subject matter hereof. This
License shall be governed by the laws of the United States and the State of
California, except that body of California law concerning conflicts of law.
Where You are located in the province of Quebec, Canada, the following clause
applies: The parties hereby confirm that they have requested that this License
and all related documents be drafted in English. Les parties ont exige que
le present contrat et tous les documents connexes soient rediges en anglais.
EXHIBIT A.
"Portions Copyright (c) 1999-2000 Apple Computer, Inc. All Rights Reserved.
This file contains Original Code and/or Modifications of Original Code as
defined in and that are subject to the Apple Public Source License Version
1.1 (the "License"). You may not use this file except in compliance with the
License. Please obtain a copy of the License at http://www.apple.com/publicsource
and read it before using this file.
The Original Code and all software distributed under the License are distributed
on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT. Please see the License for the specific language governing rights
and limitations under the License."

View File

@ -1,51 +1,319 @@
Apple Public Source License Ver. 1.2
1. General; Definitions. This License applies to any program or other work which Apple Computer, Inc. ("Apple") makes publicly available and which contains a notice placed by Apple identifying such program or work as "Original Code" and stating that it is subject to the terms of this Apple Public Source License version 1.2 (or subsequent version thereof) ("License"). As used in this License:
1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to Apple and (ii) that cover subject matter contained in the Original Code, but only to the extent necessary to use, reproduce and/or distribute the Original Code without infringement; and (b) in the case where You are the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to You and (ii) that cover subject matter in Your Modifications, taken alone or in combination with Original Code.
1.2 "Contributor" means any person or entity that creates or contributes to the creation of Modifications.
1.3 "Covered Code" means the Original Code, Modifications, the combination of Original Code and any Modifications, and/or any respective portions thereof.
1.4 "Deploy" means to use, sublicense or distribute Covered Code other than for Your internal research and development (R&D) and/or Personal Use, and includes without limitation, any and all internal use or distribution of Covered Code within Your business or organization except for R&D use and/or Personal Use, as well as direct or indirect sublicensing or distribution of Covered Code by You to any third party in any form or manner.
1.5 "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.6 "Modifications" mean any addition to, deletion from, and/or change to, the substance and/or structure of the Original Code, any previous Modifications, the combination of Original Code and any previous Modifications, and/or any respective portions thereof. When code is released as a series of files, a Modification is: (a) any addition to or deletion from the contents of a file containing Covered Code; and/or (b) any new file or other representation of computer program statements that contains any part of Covered Code.
1.7 "Original Code" means (a) the Source Code of a program or other work as originally made available by Apple under this License, including the Source Code of any updates or upgrades to such programs or works made available by Apple under this License, and that has been expressly identified by Apple as such in the header file(s) of such work; and (b) the object code compiled from such Source Code and originally made available by Apple under this License.
1.8 "Personal Use" means use of Covered Code by an individual solely for his or her personal, private and non-commercial purposes. An individual's use of Covered Code in his or her capacity as an officer, employee, member, independent contractor or agent of a corporation, business or organization (commercial or non-commercial) does not qualify as Personal Use.
1.9 "Source Code" means the human readable form of a program or other work that is suitable for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an executable (object code).
1.10 "You" or "Your" means an individual or a legal entity exercising rights under this License. For legal entities, "You" or "Your" includes any entity which controls, is controlled by, or is under common control with, You, where "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
2. Permitted Uses; Conditions & Restrictions.Subject to the terms and conditions of this License, Apple hereby grants You, effective on the date You accept this License and download the Original Code, a world-wide, royalty-free, non-exclusive license, to the extent of Apple's Applicable Patent Rights and copyrights covering the Original Code, to do the following:
2.1 You may use, reproduce, display, perform, modify and distribute Original Code, with or without Modifications, solely for Your internal research and development and/or Personal Use, provided that in each instance:
(a) You must retain and reproduce in all copies of Original Code the copyright and other proprietary notices and disclaimers of Apple as they appear in the Original Code, and keep intact all notices in the Original Code that refer to this License; and
(b) You must include a copy of this License with every copy of Source Code of Covered Code and documentation You distribute, and You may not offer or impose any terms on such Source Code that alter or restrict this License or the recipients' rights hereunder, except as permitted under Section 6.
2.2 You may use, reproduce, display, perform, modify and Deploy Covered Code, provided that in each instance:
(a) You must satisfy all the conditions of Section 2.1 with respect to the Source Code of the Covered Code;
(b) You must duplicate, to the extent it does not already exist, the notice in Exhibit A in each file of the Source Code of all Your Modifications, and cause the modified files to carry prominent notices stating that You changed the files and the date of any change;
(c) You must make Source Code of all Your Deployed Modifications publicly available under the terms of this License, including the license grants set forth in Section 3 below, for as long as you Deploy the Covered Code or twelve (12) months from the date of initial Deployment, whichever is longer. You should preferably distribute the Source Code of Your Deployed Modifications electronically (e.g. download from a web site); and
(d) if You Deploy Covered Code in object code, executable form only, You must include a prominent notice, in the code itself as well as in related documentation, stating that Source Code of the Covered Code is available under the terms of this License with information on how and where to obtain such Source Code.
2.3 You expressly acknowledge and agree that although Apple and each Contributor grants the licenses to their respective portions of the Covered Code set forth herein, no assurances are provided by Apple or any Contributor that the Covered Code does not infringe the patent or other intellectual property rights of any other entity. Apple and each Contributor disclaim any liability to You for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow You to distribute the Covered Code, it is Your responsibility to acquire that license before distributing the Covered Code.
3. Your Grants. In consideration of, and as a condition to, the licenses granted to You under this License:
(a) You hereby grant to Apple and all third parties a non-exclusive, royalty-free license, under Your Applicable Patent Rights and other intellectual property rights (other than patent) owned or controlled by You, to use, reproduce, display, perform, modify, distribute and Deploy Your Modifications of the same scope and extent as Apple's licenses under Sections 2.1 and 2.2; and
(b) You hereby grant to Apple and its subsidiaries a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license, under Your Applicable Patent Rights and other intellectual property rights (other than patent) owned or controlled by You, to use, reproduce, display, perform, modify or have modified (for Apple and/or its subsidiaries), sublicense and distribute Your Modifications, in any form, through multiple tiers of distribution.
4. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In each such instance, You must make sure the requirements of this License are fulfilled for the Covered Code or any portion thereof.
5. Limitations on Patent License. Except as expressly stated in Section 2, no other patent rights, express or implied, are granted by Apple herein. Modifications and/or Larger Works may require additional patent licenses from Apple which Apple may grant in its sole discretion.
6. Additional Terms. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations and/or other rights consistent with the scope of the license granted herein ("Additional Terms") to one or more recipients of Covered Code. However, You may do so only on Your own behalf and as Your sole responsibility, and not on behalf of Apple or any Contributor. You must obtain the recipient's agreement that any such Additional Terms are offered by You alone, and You hereby agree to indemnify, defend and hold Apple and every Contributor harmless for any liability incurred by or claims asserted against Apple or such Contributor by reason of any such Additional Terms.
7. Versions of the License. Apple may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Once Original Code has been published under a particular version of this License, You may continue to use it under the terms of that version. You may also choose to use such Original Code under the terms of any subsequent version of this License published by Apple. No one other than Apple has the right to modify the terms applicable to Covered Code created under this License.
8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part pre-release, untested, or not fully tested works. The Covered Code may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Covered Code, or any portion thereof, is at Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Covered Code is not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, or air traffic control machines in which case the failure of the Covered Code could lead to death, personal injury, or severe physical or environmental damage.
9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's total liability to You for all damages (other than as may be required by applicable law) under this License exceed the amount of fifty dollars ($50.00).
10. Trademarks. This License does not grant any rights to use the trademarks or trade names "Apple", "Apple Computer", "Mac OS X", "Mac OS X Server", "QuickTime", "QuickTime Streaming Server" or any other trademarks or trade names belonging to Apple (collectively "Apple Marks") or to any trademark or trade name belonging to any Contributor. No Apple Marks may be used to endorse or promote products derived from the Original Code other than as permitted by and in strict compliance at all times with Apple's third party trademark usage guidelines which are posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
11. Ownership. Subject to the licenses granted under this License, each Contributor retains all rights, title and interest in and to any Modifications made by such Contributor. Apple retains all rights, title and interest in and to the Original Code and any Modifications made by or on behalf of Apple ("Apple Modifications"), and such Apple Modifications will not be automatically subject to this License. Apple may, at its sole discretion, choose to license such Apple Modifications under this License, or on different terms from those contained in this License or may choose not to license them at all.
1. General; Definitions. This License applies to any program or other work
which Apple Computer, Inc. ("Apple") makes publicly available and which contains
a notice placed by Apple identifying such program or work as "Original Code"
and stating that it is subject to the terms of this Apple Public Source License
version 1.2 (or subsequent version thereof) ("License"). As used in this License:
1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is the grantor
of rights, (i) claims of patents that are now or hereafter acquired, owned
by or assigned to Apple and (ii) that cover subject matter contained in the
Original Code, but only to the extent necessary to use, reproduce and/or distribute
the Original Code without infringement; and (b) in the case where You are
the grantor of rights, (i) claims of patents that are now or hereafter acquired,
owned by or assigned to You and (ii) that cover subject matter in Your Modifications,
taken alone or in combination with Original Code.
1.2 "Contributor" means any person or entity that creates or contributes to
the creation of Modifications.
1.3 "Covered Code" means the Original Code, Modifications, the combination
of Original Code and any Modifications, and/or any respective portions thereof.
1.4 "Deploy" means to use, sublicense or distribute Covered Code other than
for Your internal research and development (R&D) and/or Personal Use, and
includes without limitation, any and all internal use or distribution of Covered
Code within Your business or organization except for R&D use and/or Personal
Use, as well as direct or indirect sublicensing or distribution of Covered
Code by You to any third party in any form or manner.
1.5 "Larger Work" means a work which combines Covered Code or portions thereof
with code not governed by the terms of this License.
1.6 "Modifications" mean any addition to, deletion from, and/or change to,
the substance and/or structure of the Original Code, any previous Modifications,
the combination of Original Code and any previous Modifications, and/or any
respective portions thereof. When code is released as a series of files, a
Modification is: (a) any addition to or deletion from the contents of a file
containing Covered Code; and/or (b) any new file or other representation of
computer program statements that contains any part of Covered Code.
1.7 "Original Code" means (a) the Source Code of a program or other work as
originally made available by Apple under this License, including the Source
Code of any updates or upgrades to such programs or works made available by
Apple under this License, and that has been expressly identified by Apple
as such in the header file(s) of such work; and (b) the object code compiled
from such Source Code and originally made available by Apple under this License.
1.8 "Personal Use" means use of Covered Code by an individual solely for his
or her personal, private and non-commercial purposes. An individual's use
of Covered Code in his or her capacity as an officer, employee, member, independent
contractor or agent of a corporation, business or organization (commercial
or non-commercial) does not qualify as Personal Use.
1.9 "Source Code" means the human readable form of a program or other work
that is suitable for making modifications to it, including all modules it
contains, plus any associated interface definition files, scripts used to
control compilation and installation of an executable (object code).
1.10 "You" or "Your" means an individual or a legal entity exercising rights
under this License. For legal entities, "You" or "Your" includes any entity
which controls, is controlled by, or is under common control with, You, where
"control" means (a) the power, direct or indirect, to cause the direction
or management of such entity, whether by contract or otherwise, or (b) ownership
of fifty percent (50%) or more of the outstanding shares or beneficial ownership
of such entity.
2. Permitted Uses; Conditions & Restrictions.Subject to the terms and conditions
of this License, Apple hereby grants You, effective on the date You accept
this License and download the Original Code, a world-wide, royalty-free, non-exclusive
license, to the extent of Apple's Applicable Patent Rights and copyrights
covering the Original Code, to do the following:
2.1 You may use, reproduce, display, perform, modify and distribute Original
Code, with or without Modifications, solely for Your internal research and
development and/or Personal Use, provided that in each instance:
(a) You must retain and reproduce in all copies of Original Code the copyright
and other proprietary notices and disclaimers of Apple as they appear in the
Original Code, and keep intact all notices in the Original Code that refer
to this License; and
(b) You must include a copy of this License with every copy of Source Code
of Covered Code and documentation You distribute, and You may not offer or
impose any terms on such Source Code that alter or restrict this License or
the recipients' rights hereunder, except as permitted under Section 6.
2.2 You may use, reproduce, display, perform, modify and Deploy Covered Code,
provided that in each instance:
(a) You must satisfy all the conditions of Section 2.1 with respect to the
Source Code of the Covered Code;
(b) You must duplicate, to the extent it does not already exist, the notice
in Exhibit A in each file of the Source Code of all Your Modifications, and
cause the modified files to carry prominent notices stating that You changed
the files and the date of any change;
(c) You must make Source Code of all Your Deployed Modifications publicly
available under the terms of this License, including the license grants set
forth in Section 3 below, for as long as you Deploy the Covered Code or twelve
(12) months from the date of initial Deployment, whichever is longer. You
should preferably distribute the Source Code of Your Deployed Modifications
electronically (e.g. download from a web site); and
(d) if You Deploy Covered Code in object code, executable form only, You must
include a prominent notice, in the code itself as well as in related documentation,
stating that Source Code of the Covered Code is available under the terms
of this License with information on how and where to obtain such Source Code.
2.3 You expressly acknowledge and agree that although Apple and each Contributor
grants the licenses to their respective portions of the Covered Code set forth
herein, no assurances are provided by Apple or any Contributor that the Covered
Code does not infringe the patent or other intellectual property rights of
any other entity. Apple and each Contributor disclaim any liability to You
for claims brought by any other entity based on infringement of intellectual
property rights or otherwise. As a condition to exercising the rights and
licenses granted hereunder, You hereby assume sole responsibility to secure
any other intellectual property rights needed, if any. For example, if a third
party patent license is required to allow You to distribute the Covered Code,
it is Your responsibility to acquire that license before distributing the
Covered Code.
3. Your Grants. In consideration of, and as a condition to, the licenses granted
to You under this License:
(a) You hereby grant to Apple and all third parties a non-exclusive, royalty-free
license, under Your Applicable Patent Rights and other intellectual property
rights (other than patent) owned or controlled by You, to use, reproduce,
display, perform, modify, distribute and Deploy Your Modifications of the
same scope and extent as Apple's licenses under Sections 2.1 and 2.2; and
(b) You hereby grant to Apple and its subsidiaries a non-exclusive, worldwide,
royalty-free, perpetual and irrevocable license, under Your Applicable Patent
Rights and other intellectual property rights (other than patent) owned or
controlled by You, to use, reproduce, display, perform, modify or have modified
(for Apple and/or its subsidiaries), sublicense and distribute Your Modifications,
in any form, through multiple tiers of distribution.
4. Larger Works. You may create a Larger Work by combining Covered Code with
other code not governed by the terms of this License and distribute the Larger
Work as a single product. In each such instance, You must make sure the requirements
of this License are fulfilled for the Covered Code or any portion thereof.
5. Limitations on Patent License. Except as expressly stated in Section 2,
no other patent rights, express or implied, are granted by Apple herein. Modifications
and/or Larger Works may require additional patent licenses from Apple which
Apple may grant in its sole discretion.
6. Additional Terms. You may choose to offer, and to charge a fee for, warranty,
support, indemnity or liability obligations and/or other rights consistent
with the scope of the license granted herein ("Additional Terms") to one or
more recipients of Covered Code. However, You may do so only on Your own behalf
and as Your sole responsibility, and not on behalf of Apple or any Contributor.
You must obtain the recipient's agreement that any such Additional Terms are
offered by You alone, and You hereby agree to indemnify, defend and hold Apple
and every Contributor harmless for any liability incurred by or claims asserted
against Apple or such Contributor by reason of any such Additional Terms.
7. Versions of the License. Apple may publish revised and/or new versions
of this License from time to time. Each version will be given a distinguishing
version number. Once Original Code has been published under a particular version
of this License, You may continue to use it under the terms of that version.
You may also choose to use such Original Code under the terms of any subsequent
version of this License published by Apple. No one other than Apple has the
right to modify the terms applicable to Covered Code created under this License.
8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part
pre-release, untested, or not fully tested works. The Covered Code may contain
errors that could cause failures or loss of data, and may be incomplete or
contain inaccuracies. You expressly acknowledge and agree that use of the
Covered Code, or any portion thereof, is at Your sole and entire risk. THE
COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT
OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS
"APPLE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY
DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY,
OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY,
OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND EACH
CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE
COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR
REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL
OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED REPRESENTATIVE
OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Covered
Code is not intended for use in the operation of nuclear facilities, aircraft
navigation, communication systems, or air traffic control machines in which
case the failure of the Covered Code could lead to death, personal injury,
or severe physical or environmental damage.
9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR
USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER
UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS
LIABILITY OR OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO
YOU. In no event shall Apple's total liability to You for all damages (other
than as may be required by applicable law) under this License exceed the amount
of fifty dollars ($50.00).
10. Trademarks. This License does not grant any rights to use the trademarks
or trade names "Apple", "Apple Computer", "Mac OS X", "Mac OS X Server", "QuickTime",
"QuickTime Streaming Server" or any other trademarks or trade names belonging
to Apple (collectively "Apple Marks") or to any trademark or trade name belonging
to any Contributor. No Apple Marks may be used to endorse or promote products
derived from the Original Code other than as permitted by and in strict compliance
at all times with Apple's third party trademark usage guidelines which are
posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
11. Ownership. Subject to the licenses granted under this License, each Contributor
retains all rights, title and interest in and to any Modifications made by
such Contributor. Apple retains all rights, title and interest in and to the
Original Code and any Modifications made by or on behalf of Apple ("Apple
Modifications"), and such Apple Modifications will not be automatically subject
to this License. Apple may, at its sole discretion, choose to license such
Apple Modifications under this License, or on different terms from those contained
in this License or may choose not to license them at all.
12. Termination.
12.1 Termination. This License and the rights granted hereunder will terminate:
(a) automatically without notice from Apple if You fail to comply with any term(s) of this License and fail to cure such breach within 30 days of becoming aware of such breach;
(b) immediately in the event of the circumstances described in Section 13.5(b); or
(c) automatically without notice from Apple if You, at any time during the term of this License, commence an action for patent infringement against Apple.
12.2 Effect of Termination. Upon termination, You agree to immediately stop any further use, reproduction, modification, sublicensing and distribution of the Covered Code and to destroy all copies of the Covered Code that are in your possession or control. All sublicenses to the Covered Code which have been properly granted prior to termination shall survive any termination of this License. Provisions which, by their nature, should remain in effect beyond the termination of this License shall survive, including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other for compensation, indemnity or damages of any sort solely as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy of any party.
(a) automatically without notice from Apple if You fail to comply with any
term(s) of this License and fail to cure such breach within 30 days of becoming
aware of such breach;
(b) immediately in the event of the circumstances described in Section 13.5(b);
or
(c) automatically without notice from Apple if You, at any time during the
term of this License, commence an action for patent infringement against Apple.
12.2 Effect of Termination. Upon termination, You agree to immediately stop
any further use, reproduction, modification, sublicensing and distribution
of the Covered Code and to destroy all copies of the Covered Code that are
in your possession or control. All sublicenses to the Covered Code which have
been properly granted prior to termination shall survive any termination of
this License. Provisions which, by their nature, should remain in effect beyond
the termination of this License shall survive, including but not limited to
Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other
for compensation, indemnity or damages of any sort solely as a result of terminating
this License in accordance with its terms, and termination of this License
will be without prejudice to any other right or remedy of any party.
13. Miscellaneous.
13.1 Government End Users. The Covered Code is a "commercial item" as defined in FAR 2.101. Government software and technical data rights in the Covered Code include only those rights customarily provided to the public as defined in this License. This customary commercial license in technical data and software is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
13.2 Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture or any other form of legal association between or amongYou, Apple or any Contributor, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise.
13.3 Independent Development. Nothing in this License will impair Apple's right to acquire, license, develop, have others develop for it, market and/or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Modifications, Larger Works, technology or products that You may develop, produce, market or distribute.
13.4 Waiver; Construction. Failure by Apple or any Contributor to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this License.
13.5 Severability. (a) If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this License will continue in full force and effect. (b) Notwithstanding the foregoing, if applicable law prohibits or restricts You from fully and/or specifically complying with Sections 2 and/or 3 or prevents the enforceability of either of those Sections, this License will immediately terminate and You must immediately discontinue any use of the Covered Code and destroy all copies of it that are in your possession or control.
13.6 Dispute Resolution. Any litigation or other dispute resolution between You and Apple relating to this License shall take place in the Northern District of California, and You and Apple hereby consent to the personal jurisdiction of, and venue in, the state and federal courts within that District with respect to this License. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
13.7 Entire Agreement; Governing Law. This License constitutes the entire agreement between the parties with respect to the subject matter hereof. This License shall be governed by the laws of the United States and the State of California, except that body of California law concerning conflicts of law.
Where You are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this License and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais. EXHIBIT A.
13.1 Government End Users. The Covered Code is a "commercial item" as defined
in FAR 2.101. Government software and technical data rights in the Covered
Code include only those rights customarily provided to the public as defined
in this License. This customary commercial license in technical data and software
is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer
Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical
Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software
or Computer Software Documentation). Accordingly, all U.S. Government End
Users acquire Covered Code with only those rights set forth herein.
13.2 Relationship of Parties. This License will not be construed as creating
an agency, partnership, joint venture or any other form of legal association
between or amongYou, Apple or any Contributor, and You will not represent
to the contrary, whether expressly, by implication, appearance or otherwise.
13.3 Independent Development. Nothing in this License will impair Apple's
right to acquire, license, develop, have others develop for it, market and/or
distribute technology or products that perform the same or similar functions
as, or otherwise compete with, Modifications, Larger Works, technology or
products that You may develop, produce, market or distribute.
13.4 Waiver; Construction. Failure by Apple or any Contributor to enforce
any provision of this License will not be deemed a waiver of future enforcement
of that or any other provision. Any law or regulation which provides that
the language of a contract shall be construed against the drafter will not
apply to this License.
13.5 Severability. (a) If for any reason a court of competent jurisdiction
finds any provision of this License, or portion thereof, to be unenforceable,
that provision of the License will be enforced to the maximum extent permissible
so as to effect the economic benefits and intent of the parties, and the remainder
of this License will continue in full force and effect. (b) Notwithstanding
the foregoing, if applicable law prohibits or restricts You from fully and/or
specifically complying with Sections 2 and/or 3 or prevents the enforceability
of either of those Sections, this License will immediately terminate and You
must immediately discontinue any use of the Covered Code and destroy all copies
of it that are in your possession or control.
13.6 Dispute Resolution. Any litigation or other dispute resolution between
You and Apple relating to this License shall take place in the Northern District
of California, and You and Apple hereby consent to the personal jurisdiction
of, and venue in, the state and federal courts within that District with respect
to this License. The application of the United Nations Convention on Contracts
for the International Sale of Goods is expressly excluded.
13.7 Entire Agreement; Governing Law. This License constitutes the entire
agreement between the parties with respect to the subject matter hereof. This
License shall be governed by the laws of the United States and the State of
California, except that body of California law concerning conflicts of law.
Where You are located in the province of Quebec, Canada, the following clause
applies: The parties hereby confirm that they have requested that this License
and all related documents be drafted in English. Les parties ont exigé que
le présent contrat et tous les documents connexes soient rédigés en anglais.
EXHIBIT A.
"Portions Copyright (c) 1999-2001 Apple Computer, Inc. All Rights Reserved.
This file contains Original Code and/or Modifications of Original Code as defined in and that are subject to the Apple Public Source License Version 1.2 (the 'License'). You may not use this file except in compliance with the License. Please obtain a copy of the License at http://www.apple.com/publicsource and read it before using this file.
The Original Code and all software distributed under the License are distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language governing rights and limitations under the License."
This file contains Original Code and/or Modifications of Original Code as
defined in and that are subject to the Apple Public Source License Version
1.2 (the 'License'). You may not use this file except in compliance with the
License. Please obtain a copy of the License at http://www.apple.com/publicsource
and read it before using this file.
The Original Code and all software distributed under the License are distributed
on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language
governing rights and limitations under the License."

View File

@ -1,50 +1,325 @@
APPLE PUBLIC SOURCE LICENSE
Version 2.0 - August 6, 2003 Please read this License carefully before downloading this software. By downloading or using this software, you are agreeing to be bound by the terms of this License. If you do not or cannot agree to the terms of this License, please do not download or use the software.
Apple Note: In January 2007, Apple changed its corporate name from "Apple Computer, Inc." to "Apple Inc." This change has been reflected below and copyright years updated, but no other changes have been made to the APSL 2.0.
1. General; Definitions. This License applies to any program or other work which Apple Inc. ("Apple") makes publicly available and which contains a notice placed by Apple identifying such program or work as "Original Code" and stating that it is subject to the terms of this Apple Public Source License version 2.0 ("License"). As used in this License:
1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to Apple and (ii) that cover subject matter contained in the Original Code, but only to the extent necessary to use, reproduce and/or distribute the Original Code without infringement; and (b) in the case where You are the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to You and (ii) that cover subject matter in Your Modifications, taken alone or in combination with Original Code.
1.2 "Contributor" means any person or entity that creates or contributes to the creation of Modifications.
1.3 "Covered Code" means the Original Code, Modifications, the combination of Original Code and any Modifications, and/or any respective portions thereof.
1.4 "Externally Deploy" means: (a) to sublicense, distribute or otherwise make Covered Code available, directly or indirectly, to anyone other than You; and/or (b) to use Covered Code, alone or as part of a Larger Work, in any way to provide a service, including but not limited to delivery of content, through electronic communication with a client other than You.
1.5 "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.6 "Modifications" mean any addition to, deletion from, and/or change to, the substance and/or structure of the Original Code, any previous Modifications, the combination of Original Code and any previous Modifications, and/or any respective portions thereof. When code is released as a series of files, a Modification is: (a) any addition to or deletion from the contents of a file containing Covered Code; and/or (b) any new file or other representation of computer program statements that contains any part of Covered Code.
1.7 "Original Code" means (a) the Source Code of a program or other work as originally made available by Apple under this License, including the Source Code of any updates or upgrades to such programs or works made available by Apple under this License, and that has been expressly identified by Apple as such in the header file(s) of such work; and (b) the object code compiled from such Source Code and originally made available by Apple under this License
1.8 "Source Code" means the human readable form of a program or other work that is suitable for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an executable (object code).
1.9 "You" or "Your" means an individual or a legal entity exercising rights under this License. For legal entities, "You" or "Your" includes any entity which controls, is controlled by, or is under common control with, You, where "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
2. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions of this License, Apple hereby grants You, effective on the date You accept this License and download the Original Code, a world-wide, royalty-free, non-exclusive license, to the extent of Apple's Applicable Patent Rights and copyrights covering the Original Code, to do the following:
2.1 Unmodified Code. You may use, reproduce, display, perform, internally distribute within Your organization, and Externally Deploy verbatim, unmodified copies of the Original Code, for commercial or non-commercial purposes, provided that in each instance:
(a) You must retain and reproduce in all copies of Original Code the copyright and other proprietary notices and disclaimers of Apple as they appear in the Original Code, and keep intact all notices in the Original Code that refer to this License; and
(b) You must include a copy of this License with every copy of Source Code of Covered Code and documentation You distribute or Externally Deploy, and You may not offer or impose any terms on such Source Code that alter or restrict this License or the recipients' rights hereunder, except as permitted under Section 6.
2.2 Modified Code. You may modify Covered Code and use, reproduce, display, perform, internally distribute within Your organization, and Externally Deploy Your Modifications and Covered Code, for commercial or non-commercial purposes, provided that in each instance You also meet all of these conditions:
(a) You must satisfy all the conditions of Section 2.1 with respect to the Source Code of the Covered Code;
(b) You must duplicate, to the extent it does not already exist, the notice in Exhibit A in each file of the Source Code of all Your Modifications, and cause the modified files to carry prominent notices stating that You changed the files and the date of any change; and
(c) If You Externally Deploy Your Modifications, You must make Source Code of all Your Externally Deployed Modifications either available to those to whom You have Externally Deployed Your Modifications, or publicly available. Source Code of Your Externally Deployed Modifications must be released under the terms set forth in this License, including the license grants set forth in Section 3 below, for as long as you Externally Deploy the Covered Code or twelve (12) months from the date of initial External Deployment, whichever is longer. You should preferably distribute the Source Code of Your Externally Deployed Modifications electronically (e.g. download from a web site).
2.3 Distribution of Executable Versions. In addition, if You Externally Deploy Covered Code (Original Code and/or Modifications) in object code, executable form only, You must include a prominent notice, in the code itself as well as in related documentation, stating that Source Code of the Covered Code is available under the terms of this License with information on how and where to obtain such Source Code.
2.4 Third Party Rights. You expressly acknowledge and agree that although Apple and each Contributor grants the licenses to their respective portions of the Covered Code set forth herein, no assurances are provided by Apple or any Contributor that the Covered Code does not infringe the patent or other intellectual property rights of any other entity. Apple and each Contributor disclaim any liability to You for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow You to distribute the Covered Code, it is Your responsibility to acquire that license before distributing the Covered Code.
3. Your Grants. In consideration of, and as a condition to, the licenses granted to You under this License, You hereby grant to any person or entity receiving or distributing Covered Code under this License a non-exclusive, royalty-free, perpetual, irrevocable license, under Your Applicable Patent Rights and other intellectual property rights (other than patent) owned or controlled by You, to use, reproduce, display, perform, modify, sublicense, distribute and Externally Deploy Your Modifications of the same scope and extent as Apple's licenses under Sections 2.1 and 2.2 above.
4. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In each such instance, You must make sure the requirements of this License are fulfilled for the Covered Code or any portion thereof.
5. Limitations on Patent License. Except as expressly stated in Section 2, no other patent rights, express or implied, are granted by Apple herein. Modifications and/or Larger Works may require additional patent licenses from Apple which Apple may grant in its sole discretion.
6. Additional Terms. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations and/or other rights consistent with the scope of the license granted herein ("Additional Terms") to one or more recipients of Covered Code. However, You may do so only on Your own behalf and as Your sole responsibility, and not on behalf of Apple or any Contributor. You must obtain the recipient's agreement that any such Additional Terms are offered by You alone, and You hereby agree to indemnify, defend and hold Apple and every Contributor harmless for any liability incurred by or claims asserted against Apple or such Contributor by reason of any such Additional Terms.
7. Versions of the License. Apple may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Once Original Code has been published under a particular version of this License, You may continue to use it under the terms of that version. You may also choose to use such Original Code under the terms of any subsequent version of this License published by Apple. No one other than Apple has the right to modify the terms applicable to Covered Code created under this License.
8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part pre-release, untested, or not fully tested works. The Covered Code may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Covered Code, or any portion thereof, is at Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Covered Code is not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, or air traffic control machines in which case the failure of the Covered Code could lead to death, personal injury, or severe physical or environmental damage.
9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's total liability to You for all damages (other than as may be required by applicable law) under this License exceed the amount of fifty dollars ($50.00).
10. Trademarks. This License does not grant any rights to use the trademarks or trade names "Apple", "Mac", "Mac OS", "QuickTime", "QuickTime Streaming Server" or any other trademarks, service marks, logos or trade names belonging to Apple (collectively "Apple Marks") or to any trademark, service mark, logo or trade name belonging to any Contributor. You agree not to use any Apple Marks in or as part of the name of products derived from the Original Code or to endorse or promote products derived from the Original Code other than as expressly permitted by and in strict compliance at all times with Apple's third party trademark usage guidelines which are posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
11. Ownership. Subject to the licenses granted under this License, each Contributor retains all rights, title and interest in and to any Modifications made by such Contributor. Apple retains all rights, title and interest in and to the Original Code and any Modifications made by or on behalf of Apple ("Apple Modifications"), and such Apple Modifications will not be automatically subject to this License. Apple may, at its sole discretion, choose to license such Apple Modifications under this License, or on different terms from those contained in this License or may choose not to license them at all.
Version 2.0 - August 6, 2003 Please read this License carefully before downloading
this software. By downloading or using this software, you are agreeing to
be bound by the terms of this License. If you do not or cannot agree to the
terms of this License, please do not download or use the software.
Apple Note: In January 2007, Apple changed its corporate name from "Apple
Computer, Inc." to "Apple Inc." This change has been reflected below and copyright
years updated, but no other changes have been made to the APSL 2.0.
1. General; Definitions. This License applies to any program or other work
which Apple Inc. ("Apple") makes publicly available and which contains a notice
placed by Apple identifying such program or work as "Original Code" and stating
that it is subject to the terms of this Apple Public Source License version
2.0 ("License"). As used in this License:
1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is the grantor
of rights, (i) claims of patents that are now or hereafter acquired, owned
by or assigned to Apple and (ii) that cover subject matter contained in the
Original Code, but only to the extent necessary to use, reproduce and/or distribute
the Original Code without infringement; and (b) in the case where You are
the grantor of rights, (i) claims of patents that are now or hereafter acquired,
owned by or assigned to You and (ii) that cover subject matter in Your Modifications,
taken alone or in combination with Original Code.
1.2 "Contributor" means any person or entity that creates or contributes to
the creation of Modifications.
1.3 "Covered Code" means the Original Code, Modifications, the combination
of Original Code and any Modifications, and/or any respective portions thereof.
1.4 "Externally Deploy" means: (a) to sublicense, distribute or otherwise
make Covered Code available, directly or indirectly, to anyone other than
You; and/or (b) to use Covered Code, alone or as part of a Larger Work, in
any way to provide a service, including but not limited to delivery of content,
through electronic communication with a client other than You.
1.5 "Larger Work" means a work which combines Covered Code or portions thereof
with code not governed by the terms of this License.
1.6 "Modifications" mean any addition to, deletion from, and/or change to,
the substance and/or structure of the Original Code, any previous Modifications,
the combination of Original Code and any previous Modifications, and/or any
respective portions thereof. When code is released as a series of files, a
Modification is: (a) any addition to or deletion from the contents of a file
containing Covered Code; and/or (b) any new file or other representation of
computer program statements that contains any part of Covered Code.
1.7 "Original Code" means (a) the Source Code of a program or other work as
originally made available by Apple under this License, including the Source
Code of any updates or upgrades to such programs or works made available by
Apple under this License, and that has been expressly identified by Apple
as such in the header file(s) of such work; and (b) the object code compiled
from such Source Code and originally made available by Apple under this License
1.8 "Source Code" means the human readable form of a program or other work
that is suitable for making modifications to it, including all modules it
contains, plus any associated interface definition files, scripts used to
control compilation and installation of an executable (object code).
1.9 "You" or "Your" means an individual or a legal entity exercising rights
under this License. For legal entities, "You" or "Your" includes any entity
which controls, is controlled by, or is under common control with, You, where
"control" means (a) the power, direct or indirect, to cause the direction
or management of such entity, whether by contract or otherwise, or (b) ownership
of fifty percent (50%) or more of the outstanding shares or beneficial ownership
of such entity.
2. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions
of this License, Apple hereby grants You, effective on the date You accept
this License and download the Original Code, a world-wide, royalty-free, non-exclusive
license, to the extent of Apple's Applicable Patent Rights and copyrights
covering the Original Code, to do the following:
2.1 Unmodified Code. You may use, reproduce, display, perform, internally
distribute within Your organization, and Externally Deploy verbatim, unmodified
copies of the Original Code, for commercial or non-commercial purposes, provided
that in each instance:
(a) You must retain and reproduce in all copies of Original Code the copyright
and other proprietary notices and disclaimers of Apple as they appear in the
Original Code, and keep intact all notices in the Original Code that refer
to this License; and
(b) You must include a copy of this License with every copy of Source Code
of Covered Code and documentation You distribute or Externally Deploy, and
You may not offer or impose any terms on such Source Code that alter or restrict
this License or the recipients' rights hereunder, except as permitted under
Section 6.
2.2 Modified Code. You may modify Covered Code and use, reproduce, display,
perform, internally distribute within Your organization, and Externally Deploy
Your Modifications and Covered Code, for commercial or non-commercial purposes,
provided that in each instance You also meet all of these conditions:
(a) You must satisfy all the conditions of Section 2.1 with respect to the
Source Code of the Covered Code;
(b) You must duplicate, to the extent it does not already exist, the notice
in Exhibit A in each file of the Source Code of all Your Modifications, and
cause the modified files to carry prominent notices stating that You changed
the files and the date of any change; and
(c) If You Externally Deploy Your Modifications, You must make Source Code
of all Your Externally Deployed Modifications either available to those to
whom You have Externally Deployed Your Modifications, or publicly available.
Source Code of Your Externally Deployed Modifications must be released under
the terms set forth in this License, including the license grants set forth
in Section 3 below, for as long as you Externally Deploy the Covered Code
or twelve (12) months from the date of initial External Deployment, whichever
is longer. You should preferably distribute the Source Code of Your Externally
Deployed Modifications electronically (e.g. download from a web site).
2.3 Distribution of Executable Versions. In addition, if You Externally Deploy
Covered Code (Original Code and/or Modifications) in object code, executable
form only, You must include a prominent notice, in the code itself as well
as in related documentation, stating that Source Code of the Covered Code
is available under the terms of this License with information on how and where
to obtain such Source Code.
2.4 Third Party Rights. You expressly acknowledge and agree that although
Apple and each Contributor grants the licenses to their respective portions
of the Covered Code set forth herein, no assurances are provided by Apple
or any Contributor that the Covered Code does not infringe the patent or other
intellectual property rights of any other entity. Apple and each Contributor
disclaim any liability to You for claims brought by any other entity based
on infringement of intellectual property rights or otherwise. As a condition
to exercising the rights and licenses granted hereunder, You hereby assume
sole responsibility to secure any other intellectual property rights needed,
if any. For example, if a third party patent license is required to allow
You to distribute the Covered Code, it is Your responsibility to acquire that
license before distributing the Covered Code.
3. Your Grants. In consideration of, and as a condition to, the licenses granted
to You under this License, You hereby grant to any person or entity receiving
or distributing Covered Code under this License a non-exclusive, royalty-free,
perpetual, irrevocable license, under Your Applicable Patent Rights and other
intellectual property rights (other than patent) owned or controlled by You,
to use, reproduce, display, perform, modify, sublicense, distribute and Externally
Deploy Your Modifications of the same scope and extent as Apple's licenses
under Sections 2.1 and 2.2 above.
4. Larger Works. You may create a Larger Work by combining Covered Code with
other code not governed by the terms of this License and distribute the Larger
Work as a single product. In each such instance, You must make sure the requirements
of this License are fulfilled for the Covered Code or any portion thereof.
5. Limitations on Patent License. Except as expressly stated in Section 2,
no other patent rights, express or implied, are granted by Apple herein. Modifications
and/or Larger Works may require additional patent licenses from Apple which
Apple may grant in its sole discretion.
6. Additional Terms. You may choose to offer, and to charge a fee for, warranty,
support, indemnity or liability obligations and/or other rights consistent
with the scope of the license granted herein ("Additional Terms") to one or
more recipients of Covered Code. However, You may do so only on Your own behalf
and as Your sole responsibility, and not on behalf of Apple or any Contributor.
You must obtain the recipient's agreement that any such Additional Terms are
offered by You alone, and You hereby agree to indemnify, defend and hold Apple
and every Contributor harmless for any liability incurred by or claims asserted
against Apple or such Contributor by reason of any such Additional Terms.
7. Versions of the License. Apple may publish revised and/or new versions
of this License from time to time. Each version will be given a distinguishing
version number. Once Original Code has been published under a particular version
of this License, You may continue to use it under the terms of that version.
You may also choose to use such Original Code under the terms of any subsequent
version of this License published by Apple. No one other than Apple has the
right to modify the terms applicable to Covered Code created under this License.
8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part
pre-release, untested, or not fully tested works. The Covered Code may contain
errors that could cause failures or loss of data, and may be incomplete or
contain inaccuracies. You expressly acknowledge and agree that use of the
Covered Code, or any portion thereof, is at Your sole and entire risk. THE
COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT
OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS
"APPLE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY
DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY,
OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY,
OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND EACH
CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE
COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR
REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL
OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED REPRESENTATIVE
OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Covered
Code is not intended for use in the operation of nuclear facilities, aircraft
navigation, communication systems, or air traffic control machines in which
case the failure of the Covered Code could lead to death, personal injury,
or severe physical or environmental damage.
9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR
USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER
UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS
LIABILITY OR OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO
YOU. In no event shall Apple's total liability to You for all damages (other
than as may be required by applicable law) under this License exceed the amount
of fifty dollars ($50.00).
10. Trademarks. This License does not grant any rights to use the trademarks
or trade names "Apple", "Mac", "Mac OS", "QuickTime", "QuickTime Streaming
Server" or any other trademarks, service marks, logos or trade names belonging
to Apple (collectively "Apple Marks") or to any trademark, service mark, logo
or trade name belonging to any Contributor. You agree not to use any Apple
Marks in or as part of the name of products derived from the Original Code
or to endorse or promote products derived from the Original Code other than
as expressly permitted by and in strict compliance at all times with Apple's
third party trademark usage guidelines which are posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
11. Ownership. Subject to the licenses granted under this License, each Contributor
retains all rights, title and interest in and to any Modifications made by
such Contributor. Apple retains all rights, title and interest in and to the
Original Code and any Modifications made by or on behalf of Apple ("Apple
Modifications"), and such Apple Modifications will not be automatically subject
to this License. Apple may, at its sole discretion, choose to license such
Apple Modifications under this License, or on different terms from those contained
in this License or may choose not to license them at all.
12. Termination.
12.1 Termination. This License and the rights granted hereunder will terminate:
(a) automatically without notice from Apple if You fail to comply with any term(s) of this License and fail to cure such breach within 30 days of becoming aware of such breach;
(b) immediately in the event of the circumstances described in Section 13.5(b); or
(c) automatically without notice from Apple if You, at any time during the term of this License, commence an action for patent infringement against Apple; provided that Apple did not first commence an action for patent infringement against You in that instance.
12.2 Effect of Termination. Upon termination, You agree to immediately stop any further use, reproduction, modification, sublicensing and distribution of the Covered Code. All sublicenses to the Covered Code which have been properly granted prior to termination shall survive any termination of this License. Provisions which, by their nature, should remain in effect beyond the termination of this License shall survive, including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other for compensation, indemnity or damages of any sort solely as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy of any party.
(a) automatically without notice from Apple if You fail to comply with any
term(s) of this License and fail to cure such breach within 30 days of becoming
aware of such breach;
(b) immediately in the event of the circumstances described in Section 13.5(b);
or
(c) automatically without notice from Apple if You, at any time during the
term of this License, commence an action for patent infringement against Apple;
provided that Apple did not first commence an action for patent infringement
against You in that instance.
12.2 Effect of Termination. Upon termination, You agree to immediately stop
any further use, reproduction, modification, sublicensing and distribution
of the Covered Code. All sublicenses to the Covered Code which have been properly
granted prior to termination shall survive any termination of this License.
Provisions which, by their nature, should remain in effect beyond the termination
of this License shall survive, including but not limited to Sections 3, 5,
8, 9, 10, 11, 12.2 and 13. No party will be liable to any other for compensation,
indemnity or damages of any sort solely as a result of terminating this License
in accordance with its terms, and termination of this License will be without
prejudice to any other right or remedy of any party.
13. Miscellaneous.
13.1 Government End Users. The Covered Code is a "commercial item" as defined in FAR 2.101. Government software and technical data rights in the Covered Code include only those rights customarily provided to the public as defined in this License. This customary commercial license in technical data and software is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
13.2 Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture or any other form of legal association between or among You, Apple or any Contributor, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise.
13.3 Independent Development. Nothing in this License will impair Apple's right to acquire, license, develop, have others develop for it, market and/or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Modifications, Larger Works, technology or products that You may develop, produce, market or distribute.
13.4 Waiver; Construction. Failure by Apple or any Contributor to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this License.
13.5 Severability. (a) If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this License will continue in full force and effect. (b) Notwithstanding the foregoing, if applicable law prohibits or restricts You from fully and/or specifically complying with Sections 2 and/or 3 or prevents the enforceability of either of those Sections, this License will immediately terminate and You must immediately discontinue any use of the Covered Code and destroy all copies of it that are in your possession or control.
13.6 Dispute Resolution. Any litigation or other dispute resolution between You and Apple relating to this License shall take place in the Northern District of California, and You and Apple hereby consent to the personal jurisdiction of, and venue in, the state and federal courts within that District with respect to this License. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
13.7 Entire Agreement; Governing Law. This License constitutes the entire agreement between the parties with respect to the subject matter hereof. This License shall be governed by the laws of the United States and the State of California, except that body of California law concerning conflicts of law.
Where You are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this License and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais. EXHIBIT A.
13.1 Government End Users. The Covered Code is a "commercial item" as defined
in FAR 2.101. Government software and technical data rights in the Covered
Code include only those rights customarily provided to the public as defined
in this License. This customary commercial license in technical data and software
is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer
Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical
Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software
or Computer Software Documentation). Accordingly, all U.S. Government End
Users acquire Covered Code with only those rights set forth herein.
13.2 Relationship of Parties. This License will not be construed as creating
an agency, partnership, joint venture or any other form of legal association
between or among You, Apple or any Contributor, and You will not represent
to the contrary, whether expressly, by implication, appearance or otherwise.
13.3 Independent Development. Nothing in this License will impair Apple's
right to acquire, license, develop, have others develop for it, market and/or
distribute technology or products that perform the same or similar functions
as, or otherwise compete with, Modifications, Larger Works, technology or
products that You may develop, produce, market or distribute.
13.4 Waiver; Construction. Failure by Apple or any Contributor to enforce
any provision of this License will not be deemed a waiver of future enforcement
of that or any other provision. Any law or regulation which provides that
the language of a contract shall be construed against the drafter will not
apply to this License.
13.5 Severability. (a) If for any reason a court of competent jurisdiction
finds any provision of this License, or portion thereof, to be unenforceable,
that provision of the License will be enforced to the maximum extent permissible
so as to effect the economic benefits and intent of the parties, and the remainder
of this License will continue in full force and effect. (b) Notwithstanding
the foregoing, if applicable law prohibits or restricts You from fully and/or
specifically complying with Sections 2 and/or 3 or prevents the enforceability
of either of those Sections, this License will immediately terminate and You
must immediately discontinue any use of the Covered Code and destroy all copies
of it that are in your possession or control.
13.6 Dispute Resolution. Any litigation or other dispute resolution between
You and Apple relating to this License shall take place in the Northern District
of California, and You and Apple hereby consent to the personal jurisdiction
of, and venue in, the state and federal courts within that District with respect
to this License. The application of the United Nations Convention on Contracts
for the International Sale of Goods is expressly excluded.
13.7 Entire Agreement; Governing Law. This License constitutes the entire
agreement between the parties with respect to the subject matter hereof. This
License shall be governed by the laws of the United States and the State of
California, except that body of California law concerning conflicts of law.
Where You are located in the province of Quebec, Canada, the following clause
applies: The parties hereby confirm that they have requested that this License
and all related documents be drafted in English. Les parties ont exigé que
le présent contrat et tous les documents connexes soient rédigés en anglais.
EXHIBIT A.
"Portions Copyright (c) 1999-2007 Apple Inc. All Rights Reserved.
This file contains Original Code and/or Modifications of Original Code as defined in and that are subject to the Apple Public Source License Version 2.0 (the 'License'). You may not use this file except in compliance with the License. Please obtain a copy of the License at http://www.opensource.apple.com/apsl/ and read it before using this file.
The Original Code and all software distributed under the License are distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language governing rights and limitations under the License."
This file contains Original Code and/or Modifications of Original Code as
defined in and that are subject to the Apple Public Source License Version
2.0 (the 'License'). You may not use this file except in compliance with the
License. Please obtain a copy of the License at http://www.opensource.apple.com/apsl/
and read it before using this file.
The Original Code and all software distributed under the License are distributed
on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language
governing rights and limitations under the License."

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This is APREAMBL.TEX, version 1.10e, written by Hans-Hermann Bode
(HHBODE@DOSUNI1.BITNET), for the BibTeX `adaptable' family, version 1.10.
See the file APREAMBL.DOC for a detailed documentation.
This program is distributed WITHOUT ANY WARRANTY, express or implied.
Copyright (C) 1991, 1992 Hans-Hermann Bode
Permission is granted to make and distribute verbatim copies of this document provided that the copyright notice and this permission notice are preserved on all copies.
Permission is granted to copy and distribute modified versions of this document under the conditions for verbatim copying, provided that the entire resulting derived work is distributed under the terms of a permission notice identical to this one.
Permission is granted to make and distribute verbatim copies of this document
provided that the copyright notice and this permission notice are preserved
on all copies.
Permission is granted to copy and distribute modified versions of this document
under the conditions for verbatim copying, provided that the entire resulting
derived work is distributed under the terms of a permission notice identical
to this one.

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Adobe Systems Incorporated(r) Source Code License Agreement
Copyright(c) 2006 Adobe Systems Incorporated. All rights reserved.
Please read this Source Code License Agreement carefully before using the source code.
Adobe Systems Incorporated grants to you a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license, to reproduce, prepare derivative works of, publicly display, publicly perform, and distribute this source code and such derivative works in source or object code form without any attribution requirements.
The name "Adobe Systems Incorporated" must not be used to endorse or promote products derived from the source code without prior written permission.
You agree to indemnify, hold harmless and defend Adobe Systems Incorporated from and against any loss, damage, claims or lawsuits, including attorney's fees that arise or result from your use or distribution of the source code.
THIS SOURCE CODE IS PROVIDED "AS IS" AND "WITH ALL FAULTS", WITHOUT ANY TECHNICAL SUPPORT OR ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT. IN NO EVENT SHALL MACROMEDIA OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOURCE CODE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Please read this Source Code License Agreement carefully before using the
source code.
Adobe Systems Incorporated grants to you a perpetual, worldwide, non-exclusive,
no-charge, royalty-free, irrevocable copyright license, to reproduce, prepare
derivative works of, publicly display, publicly perform, and distribute this
source code and such derivative works in source or object code form without
any attribution requirements.
The name "Adobe Systems Incorporated" must not be used to endorse or promote
products derived from the source code without prior written permission.
You agree to indemnify, hold harmless and defend Adobe Systems Incorporated
from and against any loss, damage, claims or lawsuits, including attorney's
fees that arise or result from your use or distribution of the source code.
THIS SOURCE CODE IS PROVIDED "AS IS" AND "WITH ALL FAULTS", WITHOUT ANY TECHNICAL
SUPPORT OR ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT, TITLE
OR QUIET ENJOYMENT. IN NO EVENT SHALL MACROMEDIA OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THIS SOURCE CODE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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Copyright (c) 1997,1998,2002,2007 Adobe Systems Incorporated
Permission is hereby granted, free of charge, to any person obtaining a copy of this documentation file to use, copy, publish, distribute, sublicense, and/or sell copies of the documentation, and to permit others to do the same, provided that:
- No modification, editing or other alteration of this document is allowed; and
- The above copyright notice and this permission notice shall be included in all copies of the documentation.
Permission is hereby granted, free of charge, to any person obtaining a copy of this documentation file, to create their own derivative works from the content of this document to use, copy, publish, distribute, sublicense, and/or sell the derivative works, and to permit others to do the same, provided that the derived work is not represented as being a copy or version of this document.
Adobe shall not be liable to any party for any loss of revenue or profit or for indirect, incidental, special, consequential, or other similar damages, whether based on tort (including without limitation negligence or strict liability), contract or other legal or equitable grounds even if Adobe has been advised or had reason to know of the possibility of such damages. The Adobe materials are provided on an "AS IS" basis. Adobe specifically disclaims all express, statutory, or implied warranties relating to the Adobe materials, including but not limited to those concerning merchantability or fitness for a particular purpose or non-infringement of any third party rights regarding the Adobe materials.
Permission is hereby granted, free of charge, to any person obtaining a copy
of this documentation file to use, copy, publish, distribute, sublicense,
and/or sell copies of the documentation, and to permit others to do the same,
provided that:
- No modification, editing or other alteration of this document is allowed;
and
- The above copyright notice and this permission notice shall be included
in all copies of the documentation.
Permission is hereby granted, free of charge, to any person obtaining a copy
of this documentation file, to create their own derivative works from the
content of this document to use, copy, publish, distribute, sublicense, and/or
sell the derivative works, and to permit others to do the same, provided that
the derived work is not represented as being a copy or version of this document.
Adobe shall not be liable to any party for any loss of revenue or profit or
for indirect, incidental, special, consequential, or other similar damages,
whether based on tort (including without limitation negligence or strict liability),
contract or other legal or equitable grounds even if Adobe has been advised
or had reason to know of the possibility of such damages. The Adobe materials
are provided on an "AS IS" basis. Adobe specifically disclaims all express,
statutory, or implied warranties relating to the Adobe materials, including
but not limited to those concerning merchantability or fitness for a particular
purpose or non-infringement of any third party rights regarding the Adobe
materials.

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(C) 1988, 1989 by Adobe Systems Incorporated. All rights reserved.
This file may be freely copied and redistributed as long as:
1) This entire notice continues to be included in the file,
2) If the file has been modified in any way, a notice of such modification is conspicuously indicated.
PostScript, Display PostScript, and Adobe are registered trademarks of Adobe Systems Incorporated.
THE INFORMATION BELOW IS FURNISHED AS IS, IS SUBJECT TO CHANGE WITHOUT NOTICE, AND SHOULD NOT BE CONSTRUED AS A COMMITMENT BY ADOBE SYSTEMS INCORPORATED. ADOBE SYSTEMS INCORPORATED ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR INACCURACIES, MAKES NO WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS INFORMATION, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
2) If the file has been modified in any way, a notice of such modification
is conspicuously indicated.
PostScript, Display PostScript, and Adobe are registered trademarks of Adobe
Systems Incorporated.
THE INFORMATION BELOW IS FURNISHED AS IS, IS SUBJECT TO CHANGE WITHOUT NOTICE,
AND SHOULD NOT BE CONSTRUED AS A COMMITMENT BY ADOBE SYSTEMS INCORPORATED.
ADOBE SYSTEMS INCORPORATED ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY
ERRORS OR INACCURACIES, MAKES NO WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR
STATUTORY) WITH RESPECT TO THIS INFORMATION, AND EXPRESSLY DISCLAIMS ANY AND
ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES AND NONINFRINGEMENT
OF THIRD PARTY RIGHTS.

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Aladdin Free Public License
(Version 8, November 18, 1999)
Copyright (C) 1994, 1995, 1997, 1998, 1999 Aladdin Enterprises,
Menlo Park, California, U.S.A. All rights reserved. NOTE: This License is not the same as any of the GNU Licenses published by the Free Software Foundation. Its terms are substantially different from those of the GNU Licenses. If you are familiar with the GNU Licenses, please read this license with extra care.
Aladdin Enterprises hereby grants to anyone the permission to apply this License to their own work, as long as the entire License (including the above notices and this paragraph) is copied with no changes, additions, or deletions except for changing the first paragraph of Section 0 to include a suitable description of the work to which the license is being applied and of the person or entity that holds the copyright in the work, and, if the License is being applied to a work created in a country other than the United States, replacing the first paragraph of Section 6 with an appropriate reference to the laws of the appropriate country.
Menlo Park, California, U.S.A. All rights reserved. NOTE: This License is
not the same as any of the GNU Licenses published by the Free Software Foundation.
Its terms are substantially different from those of the GNU Licenses. If you
are familiar with the GNU Licenses, please read this license with extra care.
Aladdin Enterprises hereby grants to anyone the permission to apply this License
to their own work, as long as the entire License (including the above notices
and this paragraph) is copied with no changes, additions, or deletions except
for changing the first paragraph of Section 0 to include a suitable description
of the work to which the license is being applied and of the person or entity
that holds the copyright in the work, and, if the License is being applied
to a work created in a country other than the United States, replacing the
first paragraph of Section 6 with an appropriate reference to the laws of
the appropriate country.
0. Subject Matter
This License applies to the computer program known as "Aladdin Ghostscript." The "Program", below, refers to such program. The Program is a copyrighted work whose copyright is held by Aladdin Enterprises (the "Licensor"). Please note that Aladdin Ghostscript is neither the program known as "GNU Ghostscript" nor the version of Ghostscript available for commercial licensing from Artifex Software Inc.
A "work based on the Program" means either the Program or any derivative work of the Program, as defined in the United States Copyright Act of 1976, such as a translation or a modification.
BY MODIFYING OR DISTRIBUTING THE PROGRAM (OR ANY WORK BASED ON THE PROGRAM), YOU INDICATE YOUR ACCEPTANCE OF THIS LICENSE TO DO SO, AND ALL ITS TERMS AND CONDITIONS FOR COPYING, DISTRIBUTING OR MODIFYING THE PROGRAM OR WORKS BASED ON IT. NOTHING OTHER THAN THIS LICENSE GRANTS YOU PERMISSION TO MODIFY OR DISTRIBUTE THE PROGRAM OR ITS DERIVATIVE WORKS. THESE ACTIONS ARE PROHIBITED BY LAW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT MODIFY OR DISTRIBUTE THE PROGRAM.
This License applies to the computer program known as "Aladdin Ghostscript."
The "Program", below, refers to such program. The Program is a copyrighted
work whose copyright is held by Aladdin Enterprises (the "Licensor"). Please
note that Aladdin Ghostscript is neither the program known as "GNU Ghostscript"
nor the version of Ghostscript available for commercial licensing from Artifex
Software Inc.
A "work based on the Program" means either the Program or any derivative work
of the Program, as defined in the United States Copyright Act of 1976, such
as a translation or a modification.
BY MODIFYING OR DISTRIBUTING THE PROGRAM (OR ANY WORK BASED ON THE PROGRAM),
YOU INDICATE YOUR ACCEPTANCE OF THIS LICENSE TO DO SO, AND ALL ITS TERMS AND
CONDITIONS FOR COPYING, DISTRIBUTING OR MODIFYING THE PROGRAM OR WORKS BASED
ON IT. NOTHING OTHER THAN THIS LICENSE GRANTS YOU PERMISSION TO MODIFY OR
DISTRIBUTE THE PROGRAM OR ITS DERIVATIVE WORKS. THESE ACTIONS ARE PROHIBITED
BY LAW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT MODIFY OR
DISTRIBUTE THE PROGRAM.
1. Licenses.
Licensor hereby grants you the following rights, provided that you comply with all of the restrictions set forth in this License and provided, further, that you distribute an unmodified copy of this License with the Program:
(a) You may copy and distribute literal (i.e., verbatim) copies of the Program's source code as you receive it throughout the world, in any medium.
(b) You may modify the Program, create works based on the Program and distribute copies of such throughout the world, in any medium.
Licensor hereby grants you the following rights, provided that you comply
with all of the restrictions set forth in this License and provided, further,
that you distribute an unmodified copy of this License with the Program:
(a) You may copy and distribute literal (i.e., verbatim) copies of the Program's
source code as you receive it throughout the world, in any medium.
(b) You may modify the Program, create works based on the Program and distribute
copies of such throughout the world, in any medium.
2. Restrictions.
This license is subject to the following restrictions:
(a) Distribution of the Program or any work based on the Program by a commercial organization to any third party is prohibited if any payment is made in connection with such distribution, whether directly (as in payment for a copy of the Program) or indirectly (as in payment for some service related to the Program, or payment for some product or service that includes a copy of the Program "without charge"; these are only examples, and not an exhaustive enumeration of prohibited activities). The following methods of distribution involving payment shall not in and of themselves be a violation of this restriction:
(i) Posting the Program on a public access information storage and retrieval service for which a fee is received for retrieving information (such as an on-line service), provided that the fee is not content-dependent (i.e., the fee would be the same for retrieving the same volume of information consisting of random data) and that access to the service and to the Program is available independent of any other product or service. An example of a service that does not fall under this section is an on-line service that is operated by a company and that is only available to customers of that company. (This is not an exhaustive enumeration.)
(ii) Distributing the Program on removable computer-readable media, provided that the files containing the Program are reproduced entirely and verbatim on such media, that all information on such media be redistributable for non-commercial purposes without charge, and that such media are distributed by themselves (except for accompanying documentation) independent of any other product or service. Examples of such media include CD-ROM, magnetic tape, and optical storage media. (This is not intended to be an exhaustive list.) An example of a distribution that does not fall under this section is a CD-ROM included in a book or magazine. (This is not an exhaustive enumeration.)
(b) Activities other than copying, distribution and modification of the Program are not subject to this License and they are outside its scope. Functional use (running) of the Program is not restricted, and any output produced through the use of the Program is subject to this license only if its contents constitute a work based on the Program (independent of having been made by running the Program).
(c) You must meet all of the following conditions with respect to any work that you distribute or publish that in whole or in part contains or is derived from the Program or any part thereof ("the Work"):
(i) If you have modified the Program, you must cause the Work to carry prominent notices stating that you have modified the Program's files and the date of any change. In each source file that you have modified, you must include a prominent notice that you have modified the file, including your name, your e-mail address (if any), and the date and purpose of the change;
(ii) You must cause the Work to be licensed as a whole and at no charge to all third parties under the terms of this License;
(iii) If the Work normally reads commands interactively when run, you must cause it, at each time the Work commences operation, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty). Such notice must also state that users may redistribute the Work only under the conditions of this License and tell the user how to view the copy of this License included with the Work. (Exceptions: if the Program is interactive but normally prints or displays such an announcement only at the request of a user, such as in an "About box", the Work is required to print or display the notice only under the same circumstances; if the Program itself is interactive but does not normally print such an announcement, the Work is not required to print an announcement.);
(iv) You must accompany the Work with the complete corresponding machine-readable source code, delivered on a medium customarily used for software interchange. The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable code. If you distribute with the Work any component that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, you must also distribute the source code of that component if you have it and are allowed to do so;
(v) If you distribute any written or printed material at all with the Work, such material must include either a written copy of this License, or a prominent written indication that the Work is covered by this License and written instructions for printing and/or displaying the copy of the License on the distribution medium;
(vi) You may not impose any further restrictions on the recipient's exercise of the rights granted herein.
If distribution of executable or object code is made by offering the equivalent ability to copy from a designated place, then offering equivalent ability to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source code along with the object code.
(a) Distribution of the Program or any work based on the Program by a commercial
organization to any third party is prohibited if any payment is made in connection
with such distribution, whether directly (as in payment for a copy of the
Program) or indirectly (as in payment for some service related to the Program,
or payment for some product or service that includes a copy of the Program
"without charge"; these are only examples, and not an exhaustive enumeration
of prohibited activities). The following methods of distribution involving
payment shall not in and of themselves be a violation of this restriction:
(i) Posting the Program on a public access information storage and retrieval
service for which a fee is received for retrieving information (such as an
on-line service), provided that the fee is not content-dependent (i.e., the
fee would be the same for retrieving the same volume of information consisting
of random data) and that access to the service and to the Program is available
independent of any other product or service. An example of a service that
does not fall under this section is an on-line service that is operated by
a company and that is only available to customers of that company. (This is
not an exhaustive enumeration.)
(ii) Distributing the Program on removable computer-readable media, provided
that the files containing the Program are reproduced entirely and verbatim
on such media, that all information on such media be redistributable for non-commercial
purposes without charge, and that such media are distributed by themselves
(except for accompanying documentation) independent of any other product or
service. Examples of such media include CD-ROM, magnetic tape, and optical
storage media. (This is not intended to be an exhaustive list.) An example
of a distribution that does not fall under this section is a CD-ROM included
in a book or magazine. (This is not an exhaustive enumeration.)
(b) Activities other than copying, distribution and modification of the Program
are not subject to this License and they are outside its scope. Functional
use (running) of the Program is not restricted, and any output produced through
the use of the Program is subject to this license only if its contents constitute
a work based on the Program (independent of having been made by running the
Program).
(c) You must meet all of the following conditions with respect to any work
that you distribute or publish that in whole or in part contains or is derived
from the Program or any part thereof ("the Work"):
(i) If you have modified the Program, you must cause the Work to carry prominent
notices stating that you have modified the Program's files and the date of
any change. In each source file that you have modified, you must include a
prominent notice that you have modified the file, including your name, your
e-mail address (if any), and the date and purpose of the change;
(ii) You must cause the Work to be licensed as a whole and at no charge to
all third parties under the terms of this License;
(iii) If the Work normally reads commands interactively when run, you must
cause it, at each time the Work commences operation, to print or display an
announcement including an appropriate copyright notice and a notice that there
is no warranty (or else, saying that you provide a warranty). Such notice
must also state that users may redistribute the Work only under the conditions
of this License and tell the user how to view the copy of this License included
with the Work. (Exceptions: if the Program is interactive but normally prints
or displays such an announcement only at the request of a user, such as in
an "About box", the Work is required to print or display the notice only under
the same circumstances; if the Program itself is interactive but does not
normally print such an announcement, the Work is not required to print an
announcement.);
(iv) You must accompany the Work with the complete corresponding machine-readable
source code, delivered on a medium customarily used for software interchange.
The source code for a work means the preferred form of the work for making
modifications to it. For an executable work, complete source code means all
the source code for all modules it contains, plus any associated interface
definition files, plus the scripts used to control compilation and installation
of the executable code. If you distribute with the Work any component that
is normally distributed (in either source or binary form) with the major components
(compiler, kernel, and so on) of the operating system on which the executable
runs, you must also distribute the source code of that component if you have
it and are allowed to do so;
(v) If you distribute any written or printed material at all with the Work,
such material must include either a written copy of this License, or a prominent
written indication that the Work is covered by this License and written instructions
for printing and/or displaying the copy of the License on the distribution
medium;
(vi) You may not impose any further restrictions on the recipient's exercise
of the rights granted herein.
If distribution of executable or object code is made by offering the equivalent
ability to copy from a designated place, then offering equivalent ability
to copy the source code from the same place counts as distribution of the
source code, even though third parties are not compelled to copy the source
code along with the object code.
3. Reservation of Rights.
No rights are granted to the Program except as expressly set forth herein. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
No rights are granted to the Program except as expressly set forth herein.
You may not copy, modify, sublicense, or distribute the Program except as
expressly provided under this License. Any attempt otherwise to copy, modify,
sublicense or distribute the Program is void, and will automatically terminate
your rights under this License. However, parties who have received copies,
or rights, from you under this License will not have their licenses terminated
so long as such parties remain in full compliance.
4. Other Restrictions.
If the distribution and/or use of the Program is restricted in certain countries for any reason, Licensor may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
If the distribution and/or use of the Program is restricted in certain countries
for any reason, Licensor may add an explicit geographical distribution limitation
excluding those countries, so that distribution is permitted only in or among
countries not thus excluded. In such case, this License incorporates the limitation
as if written in the body of this License.
5. Limitations.
THE PROGRAM IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY. THERE IS NO WARRANTY FOR THE PROGRAM, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL LICENSOR, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE PROGRAM IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY. THERE IS NO WARRANTY
FOR THE PROGRAM, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE,
YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL
LICENSOR, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM
AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO
USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED
INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE
PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. General.
This License is governed by the laws of the State of California, U.S.A., excluding choice of law rules.
If any part of this License is found to be in conflict with the law, that part shall be interpreted in its broadest meaning consistent with the law, and no other parts of the License shall be affected.
For United States Government users, the Program is provided with RESTRICTED RIGHTS. If you are a unit or agency of the United States Government or are acquiring the Program for any such unit or agency, the following apply:
If the unit or agency is the Department of Defense ("DOD"), the Program and its documentation are classified as "commercial computer software" and "commercial computer software documentation" respectively and, pursuant to DFAR Section 227.7202, the Government is acquiring the Program and its documentation in accordance with the terms of this License. If the unit or agency is other than DOD, the Program and its documentation are classified as "commercial computer software" and "commercial computer software documentation" respectively and, pursuant to FAR Section 12.212, the Government is acquiring the Program and its documentation in accordance with the terms of this License.
This License is governed by the laws of the State of California, U.S.A., excluding
choice of law rules.
If any part of this License is found to be in conflict with the law, that
part shall be interpreted in its broadest meaning consistent with the law,
and no other parts of the License shall be affected.
For United States Government users, the Program is provided with RESTRICTED
RIGHTS. If you are a unit or agency of the United States Government or are
acquiring the Program for any such unit or agency, the following apply:
If the unit or agency is the Department of Defense ("DOD"), the Program and
its documentation are classified as "commercial computer software" and "commercial
computer software documentation" respectively and, pursuant to DFAR Section
227.7202, the Government is acquiring the Program and its documentation in
accordance with the terms of this License. If the unit or agency is other
than DOD, the Program and its documentation are classified as "commercial
computer software" and "commercial computer software documentation" respectively
and, pursuant to FAR Section 12.212, the Government is acquiring the Program
and its documentation in accordance with the terms of this License.

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@ -1,11 +1,46 @@
Copyright (c) 1995-1999 The Apache Group. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgment: "This product includes software developed by the Apache Group for use in the Apache HTTP server project (http://www.apache.org/) ."
4. The name "Apache Server" and "Apache Group" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org .
5. Products derived from this software may not be called "Apache" nor may "Apache" appear in their name, without prior written permission of the Apache Group .
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must
display the following acknowledgment: "This product includes software developed
by the Apache Group for use in the Apache HTTP server project (http://www.apache.org/)
."
4. The name "Apache Server" and "Apache Group" must not be used to endorse
or promote products derived from this software without prior written permission.
For written permission, please contact apache@apache.org .
5. Products derived from this software may not be called "Apache" nor may
"Apache" appear in their name, without prior written permission of the Apache
Group .
6. Redistributions of any form whatsoever must retain the following acknowledgment:
"This product includes software developed by the Apache Group for use in the Apache HTTP server project (http://www.apache.org/) .
THIS SOFTWARE IS PROVIDED BY THE APACHE GROUP ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE GROUP OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This software consists of voluntary contributions made by many individuals on behalf of the Apache Group and was originally based on public domain software written at the National Center for Supercomputing Applications, University of Illinois, Urbana-Champaign. For more information on the Apache Group and the Apache HTTP server project, please see <http://www.apache.org/>.
"This product includes software developed by the Apache Group for use in the
Apache HTTP server project (http://www.apache.org/) ."
THIS SOFTWARE IS PROVIDED BY THE APACHE GROUP ``AS IS'' AND ANY EXPRESSED
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN
NO EVENT SHALL THE APACHE GROUP OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY
OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This software consists of voluntary contributions made by many individuals
on behalf of the Apache Group and was originally based on public domain software
written at the National Center for Supercomputing Applications, University
of Illinois, Urbana-Champaign. For more information on the Apache Group and
the Apache HTTP server project, please see <http://www.apache.org/>.

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Apache License 1.1
Copyright (c) 2000 The Apache Software Foundation . All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment:
"This product includes software developed by the Apache Software Foundation (http://www.apache.org/) ."
Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.
4. The name "Apache" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org .
5. Products derived from this software may not be called "Apache" [ex. "Jakarta," "Apache," or "Apache Commons,"] nor may "Apache" [ex. the names] appear in their name, without prior written permission of the Apache Software Foundation .
THIS SOFTWARE IS PROVIDED ''AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation. For more information on the Apache Software Foundation, please see http://www.apache.org/. Portions of this software are based upon public domain software originally written at the National Center for Supercomputing Applications, University of Illinois, Urbana-Champaign.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
3. The end-user documentation included with the redistribution, if any, must
include the following acknowledgment:
"This product includes software developed by the Apache Software Foundation
(http://www.apache.org/) ."
Alternately, this acknowledgment may appear in the software itself, if and
wherever such third-party acknowledgments normally appear.
4. The name "Apache" and "Apache Software Foundation" must not be used to
endorse or promote products derived from this software without prior written
permission. For written permission, please contact apache@apache.org .
5. Products derived from this software may not be called "Apache" [ex. "Jakarta,"
"Apache," or "Apache Commons,"] nor may "Apache" [ex. the names] appear in
their name, without prior written permission of the Apache Software Foundation
.
THIS SOFTWARE IS PROVIDED ''AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE
SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA,
OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This software consists of voluntary contributions made by many individuals
on behalf of the Apache Software Foundation. For more information on the Apache
Software Foundation, please see http://www.apache.org/. Portions of this software
are based upon public domain software originally written at the National Center
for Supercomputing Applications, University of Illinois, Urbana-Champaign.

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Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
http://www.apache.org/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION,
AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"License" shall mean the terms and conditions for use, reproduction, and distribution
as defined by Sections 1 through 9 of this document.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
"Licensor" shall mean the copyright owner or entity authorized by the copyright
owner that is granting the License.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Legal Entity" shall mean the union of the acting entity and all other entities
that control, are controlled by, or are under common control with that entity.
For the purposes of this definition, "control" means (i) the power, direct
or indirect, to cause the direction or management of such entity, whether
by contract or otherwise, or (ii) ownership of fifty percent (50%) or more
of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions
granted by this License.
"Source" form shall mean the preferred form for making modifications, including
but not limited to software source code, documentation source, and configuration
files.
"Object" form shall mean any form resulting from mechanical transformation
or translation of a Source form, including but not limited to compiled object
code, generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form,
made available under the License, as indicated by a copyright notice that
is included in or attached to the work (an example is provided in the Appendix
below).
"Derivative Works" shall mean any work, whether in Source or Object form,
that is based on (or derived from) the Work and for which the editorial revisions,
annotations, elaborations, or other modifications represent, as a whole, an
original work of authorship. For the purposes of this License, Derivative
Works shall not include works that remain separable from, or merely link (or
bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original version
of the Work and any modifications or additions to that Work or Derivative
Works thereof, that is intentionally submitted to Licensor for inclusion in
the Work by the copyright owner or by an individual or Legal Entity authorized
to submit on behalf of the copyright owner. For the purposes of this definition,
"submitted" means any form of electronic, verbal, or written communication
sent to the Licensor or its representatives, including but not limited to
communication on electronic mailing lists, source code control systems, and
issue tracking systems that are managed by, or on behalf of, the Licensor
for the purpose of discussing and improving the Work, but excluding communication
that is conspicuously marked or otherwise designated in writing by the copyright
owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf
of whom a Contribution has been received by Licensor and subsequently incorporated
within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this
License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive,
no-charge, royalty-free, irrevocable copyright license to reproduce, prepare
Derivative Works of, publicly display, publicly perform, sublicense, and distribute
the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of this License,
each Contributor hereby grants to You a perpetual, worldwide, non-exclusive,
no-charge, royalty-free, irrevocable (except as stated in this section) patent
license to make, have made, use, offer to sell, sell, import, and otherwise
transfer the Work, where such license applies only to those patent claims
licensable by such Contributor that are necessarily infringed by their Contribution(s)
alone or by combination of their Contribution(s) with the Work to which such
Contribution(s) was submitted. If You institute patent litigation against
any entity (including a cross-claim or counterclaim in a lawsuit) alleging
that the Work or a Contribution incorporated within the Work constitutes direct
or contributory patent infringement, then any patent licenses granted to You
under this License for that Work shall terminate as of the date such litigation
is filed.
4. Redistribution. You may reproduce and distribute copies of the Work or
Derivative Works thereof in any medium, with or without modifications, and
in Source or Object form, provided that You meet the following conditions:
(a) You must give any other recipients of the Work or Derivative Works a copy
of this License; and
(b) You must cause any modified files to carry prominent notices stating that
You changed the files; and
(c) You must retain, in the Source form of any Derivative Works that You distribute,
all copyright, patent, trademark, and attribution notices from the Source
form of the Work, excluding those notices that do not pertain to any part
of the Derivative Works; and
(d) If the Work includes a "NOTICE" text file as part of its distribution,
then any Derivative Works that You distribute must include a readable copy
of the attribution notices contained within such NOTICE file, excluding those
notices that do not pertain to any part of the Derivative Works, in at least
one of the following places: within a NOTICE text file distributed as part
of the Derivative Works; within the Source form or documentation, if provided
along with the Derivative Works; or, within a display generated by the Derivative
Works, if and wherever such third-party notices normally appear. The contents
of the NOTICE file are for informational purposes only and do not modify the
License. You may add Your own attribution notices within Derivative Works
that You distribute, alongside or as an addendum to the NOTICE text from the
Work, provided that such additional attribution notices cannot be construed
as modifying the License.
You may add Your own copyright statement to Your modifications and may provide
additional or different license terms and conditions for use, reproduction,
or distribution of Your modifications, or for any such Derivative Works as
a whole, provided Your use, reproduction, and distribution of the Work otherwise
complies with the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise, any
Contribution intentionally submitted for inclusion in the Work by You to the
Licensor shall be under the terms and conditions of this License, without
any additional terms or conditions. Notwithstanding the above, nothing herein
shall supersede or modify the terms of any separate license agreement you
may have executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names,
trademarks, service marks, or product names of the Licensor, except as required
for reasonable and customary use in describing the origin of the Work and
reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to
in writing, Licensor provides the Work (and each Contributor provides its
Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
KIND, either express or implied, including, without limitation, any warranties
or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR
A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness
of using or redistributing the Work and assume any risks associated with Your
exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory, whether
in tort (including negligence), contract, or otherwise, unless required by
applicable law (such as deliberate and grossly negligent acts) or agreed to
in writing, shall any Contributor be liable to You for damages, including
any direct, indirect, special, incidental, or consequential damages of any
character arising as a result of this License or out of the use or inability
to use the Work (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all other commercial
damages or losses), even if such Contributor has been advised of the possibility
of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work
or Derivative Works thereof, You may choose to offer, and charge a fee for,
acceptance of support, warranty, indemnity, or other liability obligations
and/or rights consistent with this License. However, in accepting such obligations,
You may act only on Your own behalf and on Your sole responsibility, not on
behalf of any other Contributor, and only if You agree to indemnify, defend,
and hold each Contributor harmless for any liability incurred by, or claims
asserted against, such Contributor by reason of your accepting any such warranty
or additional liability. END OF TERMS AND CONDITIONS
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
(a) You must give any other recipients of the Work or Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
(d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability. END OF TERMS AND CONDITIONS
APPENDIX: How to apply the Apache License to your work.
To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives.
To apply the Apache License to your work, attach the following boilerplate
notice, with the fields enclosed by brackets "[]" replaced with your own identifying
information. (Don't include the brackets!) The text should be enclosed in
the appropriate comment syntax for the file format. We also recommend that
a file or class name and description of purpose be included on the same "printed
page" as the copyright notice for easier identification within third-party
archives.
Copyright [yyyy] [name of copyright owner]
Licensed under the Apache License, Version 2.0 (the "License");
you may not use this file except in compliance with the License.
You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
limitations under the License.

View File

@ -1,27 +1,97 @@
The Artistic License
Preamble
The intent of this document is to state the conditions under which a Package may be copied, such that the Copyright Holder maintains some semblance of artistic control over the development of the package, while giving the users of the package the right to use and distribute the Package in a more-or-less customary fashion, plus the right to make reasonable modifications.
The intent of this document is to state the conditions under which a Package
may be copied, such that the Copyright Holder maintains some semblance of
artistic control over the development of the package, while giving the users
of the package the right to use and distribute the Package in a more-or-less
customary fashion, plus the right to make reasonable modifications.
Definitions:
"Package" refers to the collection of files distributed by the Copyright Holder, and derivatives of that collection of files created through textual modification.
"Standard Version" refers to such a Package if it has not been modified, or has been modified in accordance with the wishes of the Copyright Holder.
"Copyright Holder" is whoever is named in the copyright or copyrights for the package.
"Package" refers to the collection of files distributed by the Copyright Holder,
and derivatives of that collection of files created through textual modification.
"Standard Version" refers to such a Package if it has not been modified, or
has been modified in accordance with the wishes of the Copyright Holder.
"Copyright Holder" is whoever is named in the copyright or copyrights for
the package.
"You" is you, if you're thinking about copying or distributing this Package.
"Reasonable copying fee" is whatever you can justify on the basis of media cost, duplication charges, time of people involved, and so on. (You will not be required to justify it to the Copyright Holder, but only to the computing community at large as a market that must bear the fee.)
"Freely Available" means that no fee is charged for the item itself, though there may be fees involved in handling the item. It also means that recipients of the item may redistribute it under the same conditions they received it.
1. You may make and give away verbatim copies of the source form of the Standard Version of this Package without restriction, provided that you duplicate all of the original copyright notices and associated disclaimers.
2. You may apply bug fixes, portability fixes and other modifications derived from the Public Domain or from the Copyright Holder. A Package modified in such a way shall still be considered the Standard Version.
3. You may otherwise modify your copy of this Package in any way, provided that you insert a prominent notice in each changed file stating how and when you changed that file, and provided that you do at least ONE of the following:
a) place your modifications in the Public Domain or otherwise make them Freely Available, such as by posting said modifications to Usenet or an equivalent medium, or placing the modifications on a major archive site such as ftp.uu.net, or by allowing the Copyright Holder to include your modifications in the Standard Version of the Package.
"Reasonable copying fee" is whatever you can justify on the basis of media
cost, duplication charges, time of people involved, and so on. (You will not
be required to justify it to the Copyright Holder, but only to the computing
community at large as a market that must bear the fee.)
"Freely Available" means that no fee is charged for the item itself, though
there may be fees involved in handling the item. It also means that recipients
of the item may redistribute it under the same conditions they received it.
1. You may make and give away verbatim copies of the source form of the Standard
Version of this Package without restriction, provided that you duplicate all
of the original copyright notices and associated disclaimers.
2. You may apply bug fixes, portability fixes and other modifications derived
from the Public Domain or from the Copyright Holder. A Package modified in
such a way shall still be considered the Standard Version.
3. You may otherwise modify your copy of this Package in any way, provided
that you insert a prominent notice in each changed file stating how and when
you changed that file, and provided that you do at least ONE of the following:
a) place your modifications in the Public Domain or otherwise make them Freely
Available, such as by posting said modifications to Usenet or an equivalent
medium, or placing the modifications on a major archive site such as ftp.uu.net,
or by allowing the Copyright Holder to include your modifications in the Standard
Version of the Package.
b) use the modified Package only within your corporation or organization.
c) rename any non-standard executables so the names do not conflict with standard executables, which must also be provided, and provide a separate manual page for each non-standard executable that clearly documents how it differs from the Standard Version.
c) rename any non-standard executables so the names do not conflict with standard
executables, which must also be provided, and provide a separate manual page
for each non-standard executable that clearly documents how it differs from
the Standard Version.
d) make other distribution arrangements with the Copyright Holder.
4. You may distribute the programs of this Package in object code or executable form, provided that you do at least ONE of the following:
a) distribute a Standard Version of the executables and library files, together with instructions (in the manual page or equivalent) on where to get the Standard Version.
b) accompany the distribution with the machine-readable source of the Package with your modifications.
c) accompany any non-standard executables with their corresponding Standard Version executables, giving the non-standard executables non-standard names, and clearly documenting the differences in manual pages (or equivalent), together with instructions on where to get the Standard Version.
4. You may distribute the programs of this Package in object code or executable
form, provided that you do at least ONE of the following:
a) distribute a Standard Version of the executables and library files, together
with instructions (in the manual page or equivalent) on where to get the Standard
Version.
b) accompany the distribution with the machine-readable source of the Package
with your modifications.
c) accompany any non-standard executables with their corresponding Standard
Version executables, giving the non-standard executables non-standard names,
and clearly documenting the differences in manual pages (or equivalent), together
with instructions on where to get the Standard Version.
d) make other distribution arrangements with the Copyright Holder.
5. You may charge a reasonable copying fee for any distribution of this Package. You may charge any fee you choose for support of this Package. You may not charge a fee for this Package itself. However, you may distribute this Package in aggregate with other (possibly commercial) programs as part of a larger (possibly commercial) software distribution provided that you do not advertise this Package as a product of your own.
6. The scripts and library files supplied as input to or produced as output from the programs of this Package do not automatically fall under the copyright of this Package, but belong to whomever generated them, and may be sold commercially, and may be aggregated with this Package.
7. C or perl subroutines supplied by you and linked into this Package shall not be considered part of this Package.
8. The name of the Copyright Holder may not be used to endorse or promote products derived from this software without specific prior written permission.
9. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. The End
5. You may charge a reasonable copying fee for any distribution of this Package.
You may charge any fee you choose for support of this Package. You may not
charge a fee for this Package itself. However, you may distribute this Package
in aggregate with other (possibly commercial) programs as part of a larger
(possibly commercial) software distribution provided that you do not advertise
this Package as a product of your own.
6. The scripts and library files supplied as input to or produced as output
from the programs of this Package do not automatically fall under the copyright
of this Package, but belong to whomever generated them, and may be sold commercially,
and may be aggregated with this Package.
7. C or perl subroutines supplied by you and linked into this Package shall
not be considered part of this Package.
8. The name of the Copyright Holder may not be used to endorse or promote
products derived from this software without specific prior written permission.
9. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND
FITNESS FOR A PARTICULAR PURPOSE. The End

View File

@ -1,28 +1,115 @@
The "Artistic License"
Preamble
The intent of this document is to state the conditions under which a Package may be copied, such that the Copyright Holder maintains some semblance of artistic control over the development of the package, while giving the users of the package the right to use and distribute the Package in a more-or-less customary fashion, plus the right to make reasonable modifications.
The intent of this document is to state the conditions under which a Package
may be copied, such that the Copyright Holder maintains some semblance of
artistic control over the development of the package, while giving the users
of the package the right to use and distribute the Package in a more-or-less
customary fashion, plus the right to make reasonable modifications.
Definitions:
"Package" refers to the collection of files distributed by the Copyright Holder, and derivatives of that collection of files created through textual modification.
"Standard Version" refers to such a Package if it has not been modified, or has been modified in accordance with the wishes of the Copyright Holder as specified below.
"Copyright Holder" is whoever is named in the copyright or copyrights for the package.
"Package" refers to the collection of files distributed by the Copyright Holder,
and derivatives of that collection of files created through textual modification.
"Standard Version" refers to such a Package if it has not been modified, or
has been modified in accordance with the wishes of the Copyright Holder as
specified below.
"Copyright Holder" is whoever is named in the copyright or copyrights for
the package.
"You" is you, if you're thinking about copying or distributing this Package.
"Reasonable copying fee" is whatever you can justify on the basis of media cost, duplication charges, time of people involved, and so on. (You will not be required to justify it to the Copyright Holder, but only to the computing community at large as a market that must bear the fee.)
"Freely Available" means that no fee is charged for the item itself, though there may be fees involved in handling the item. It also means that recipients of the item may redistribute it under the same conditions they received it.
1. You may make and give away verbatim copies of the source form of the Standard Version of this Package without restriction, provided that you duplicate all of the original copyright notices and associated disclaimers.
2. You may apply bug fixes, portability fixes and other modifications derived from the Public Domain or from the Copyright Holder. A Package modified in such a way shall still be considered the Standard Version.
3. You may otherwise modify your copy of this Package in any way, provided that you insert a prominent notice in each changed file stating how and when you changed that file, and provided that you do at least ONE of the following:
a) place your modifications in the Public Domain or otherwise make them Freely Available, such as by posting said modifications to Usenet or an equivalent medium, or placing the modifications on a major archive site such as uunet.uu.net, or by allowing the Copyright Holder to include your modifications in the Standard Version of the Package.
"Reasonable copying fee" is whatever you can justify on the basis of media
cost, duplication charges, time of people involved, and so on. (You will not
be required to justify it to the Copyright Holder, but only to the computing
community at large as a market that must bear the fee.)
"Freely Available" means that no fee is charged for the item itself, though
there may be fees involved in handling the item. It also means that recipients
of the item may redistribute it under the same conditions they received it.
1. You may make and give away verbatim copies of the source form of the Standard
Version of this Package without restriction, provided that you duplicate all
of the original copyright notices and associated disclaimers.
2. You may apply bug fixes, portability fixes and other modifications derived
from the Public Domain or from the Copyright Holder. A Package modified in
such a way shall still be considered the Standard Version.
3. You may otherwise modify your copy of this Package in any way, provided
that you insert a prominent notice in each changed file stating how and when
you changed that file, and provided that you do at least ONE of the following:
a) place your modifications in the Public Domain or otherwise make them Freely
Available, such as by posting said modifications to Usenet or an equivalent
medium, or placing the modifications on a major archive site such as uunet.uu.net,
or by allowing the Copyright Holder to include your modifications in the Standard
Version of the Package.
b) use the modified Package only within your corporation or organization.
c) rename any non-standard executables so the names do not conflict with standard executables, which must also be provided, and provide a separate manual page for each non-standard executable that clearly documents how it differs from the Standard Version.
c) rename any non-standard executables so the names do not conflict with standard
executables, which must also be provided, and provide a separate manual page
for each non-standard executable that clearly documents how it differs from
the Standard Version.
d) make other distribution arrangements with the Copyright Holder.
4. You may distribute the programs of this Package in object code or executable form, provided that you do at least ONE of the following:
a) distribute a Standard Version of the executables and library files, together with instructions (in the manual page or equivalent) on where to get the Standard Version.
b) accompany the distribution with the machine-readable source of the Package with your modifications.
c) give non-standard executables non-standard names, and clearly document the differences in manual pages (or equivalent), together with instructions on where to get the Standard Version.
4. You may distribute the programs of this Package in object code or executable
form, provided that you do at least ONE of the following:
a) distribute a Standard Version of the executables and library files, together
with instructions (in the manual page or equivalent) on where to get the Standard
Version.
b) accompany the distribution with the machine-readable source of the Package
with your modifications.
c) give non-standard executables non-standard names, and clearly document
the differences in manual pages (or equivalent), together with instructions
on where to get the Standard Version.
d) make other distribution arrangements with the Copyright Holder.
5. You may charge a reasonable copying fee for any distribution of this Package. You may charge any fee you choose for support of this Package. You may not charge a fee for this Package itself. However, you may distribute this Package in aggregate with other (possibly commercial) programs as part of a larger (possibly commercial) software distribution provided that you do not advertise this Package as a product of your own. You may embed this Package's interpreter within an executable of yours (by linking); this shall be construed as a mere form of aggregation, provided that the complete Standard Version of the interpreter is so embedded.
6. The scripts and library files supplied as input to or produced as output from the programs of this Package do not automatically fall under the copyright of this Package, but belong to whoever generated them, and may be sold commercially, and may be aggregated with this Package. If such scripts or library files are aggregated with this Package via the so-called "undump" or "unexec" methods of producing a binary executable image, then distribution of such an image shall neither be construed as a distribution of this Package nor shall it fall under the restrictions of Paragraphs 3 and 4, provided that you do not represent such an executable image as a Standard Version of this Package.
7. C subroutines (or comparably compiled subroutines in other languages) supplied by you and linked into this Package in order to emulate subroutines and variables of the language defined by this Package shall not be considered part of this Package, but are the equivalent of input as in Paragraph 6, provided these subroutines do not change the language in any way that would cause it to fail the regression tests for the language.
8. Aggregation of this Package with a commercial distribution is always permitted provided that the use of this Package is embedded; that is, when no overt attempt is made to make this Package's interfaces visible to the end user of the commercial distribution. Such use shall not be construed as a distribution of this Package.
9. The name of the Copyright Holder may not be used to endorse or promote products derived from this software without specific prior written permission.
10. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. The End
5. You may charge a reasonable copying fee for any distribution of this Package.
You may charge any fee you choose for support of this Package. You may not
charge a fee for this Package itself. However, you may distribute this Package
in aggregate with other (possibly commercial) programs as part of a larger
(possibly commercial) software distribution provided that you do not advertise
this Package as a product of your own. You may embed this Package's interpreter
within an executable of yours (by linking); this shall be construed as a mere
form of aggregation, provided that the complete Standard Version of the interpreter
is so embedded.
6. The scripts and library files supplied as input to or produced as output
from the programs of this Package do not automatically fall under the copyright
of this Package, but belong to whoever generated them, and may be sold commercially,
and may be aggregated with this Package. If such scripts or library files
are aggregated with this Package via the so-called "undump" or "unexec" methods
of producing a binary executable image, then distribution of such an image
shall neither be construed as a distribution of this Package nor shall it
fall under the restrictions of Paragraphs 3 and 4, provided that you do not
represent such an executable image as a Standard Version of this Package.
7. C subroutines (or comparably compiled subroutines in other languages) supplied
by you and linked into this Package in order to emulate subroutines and variables
of the language defined by this Package shall not be considered part of this
Package, but are the equivalent of input as in Paragraph 6, provided these
subroutines do not change the language in any way that would cause it to fail
the regression tests for the language.
8. Aggregation of this Package with a commercial distribution is always permitted
provided that the use of this Package is embedded; that is, when no overt
attempt is made to make this Package's interfaces visible to the end user
of the commercial distribution. Such use shall not be construed as a distribution
of this Package.
9. The name of the Copyright Holder may not be used to endorse or promote
products derived from this software without specific prior written permission.
10. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND
FITNESS FOR A PARTICULAR PURPOSE. The End

View File

@ -1,28 +1,103 @@
The Artistic License
Preamble
The intent of this document is to state the conditions under which a Package may be copied, such that the Copyright Holder maintains some semblance of artistic control over the development of the package, while giving the users of the package the right to use and distribute the Package in a more-or-less customary fashion, plus the right to make reasonable modifications.
The intent of this document is to state the conditions under which a Package
may be copied, such that the Copyright Holder maintains some semblance of
artistic control over the development of the package, while giving the users
of the package the right to use and distribute the Package in a more-or-less
customary fashion, plus the right to make reasonable modifications.
Definitions:
"Package" refers to the collection of files distributed by the Copyright Holder, and derivatives of that collection of files created through textual modification.
"Standard Version" refers to such a Package if it has not been modified, or has been modified in accordance with the wishes of the Copyright Holder.
"Copyright Holder" is whoever is named in the copyright or copyrights for the package.
"Package" refers to the collection of files distributed by the Copyright Holder,
and derivatives of that collection of files created through textual modification.
"Standard Version" refers to such a Package if it has not been modified, or
has been modified in accordance with the wishes of the Copyright Holder.
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@ -1,56 +1,198 @@
The Artistic License 2.0
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As a special exception, the Free Software Foundation gives unlimited permission to copy, distribute and modify the configure scripts that are the output of Autoconf. You need not follow the terms of the GNU General Public License when using or distributing such scripts, even though portions of the text of Autoconf appear in them. The GNU General Public License (GPL) does govern all other use of the material that constitutes the Autoconf program.
Certain portions of the Autoconf source text are designed to be copied (in certain cases, depending on the input) into the output of Autoconf. We call these the "data" portions. The rest of the Autoconf source text consists of comments plus executable code that decides which of the data portions to output in any given case. We call these comments and executable code the "non-data" portions. Autoconf never copies any of the non-data portions into its output.
This special exception to the GPL applies to versions of Autoconf released by the Free Software Foundation. When you make and distribute a modified version of Autoconf, you may extend this special exception to the GPL to apply to your modified version as well, *unless* your modified version has the potential to copy into its output some of the text that was the non-data portion of the version that you started with. (In other words, unless your change moves or copies text from the non-data portions to the data portions.) If your modification has such potential, you must delete any notice of this special exception to the GPL from your modified version.

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AUTOCONF CONFIGURE SCRIPT EXCEPTION
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Copyright © 2009 Free Software Foundation, Inc. <http://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
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"Normally Copied Code" for a version of Autoconf means all parts of its Covered Code which that version can copy from its code (i.e., not from its input file) into its minimally verbose, non-debugging and non-tracing output.
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You have permission to propagate output of Autoconf, even if such propagation would otherwise violate the terms of GPLv3. However, if by modifying Autoconf you cause any Ineligible Code of the version you received to become Normally Copied Code of your modified version, then you void this Exception for the resulting covered work. If you convey that resulting covered work, you must remove this Exception in accordance with the second paragraph of Section 7 of GPLv3.
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Copyright (c) <year> <owner> All rights reserved.
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Copyright (c) <year> <owner> . All rights reserved.
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THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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The FreeBSD Copyright
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Copyright (c) 2008 The NetBSD Foundation, Inc. All rights reserved.
This code is derived from software contributed to The NetBSD Foundation by
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THIS SOFTWARE IS PROVIDED BY THE NETBSD FOUNDATION, INC. AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FOUNDATION OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE NETBSD FOUNDATION, INC. AND CONTRIBUTORS
``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FOUNDATION OR CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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@ -1,10 +1,47 @@
Copyright (c) <YEAR> <COPYRIGHT HOLDERS>
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Subject to the terms and conditions of this license, each copyright holder and contributor hereby grants to those receiving rights under this license a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except for failure to satisfy the conditions of this license) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer this software, where such license applies only to those patent claims, already acquired or hereafter acquired, licensable by such copyright holder or contributor that are necessarily infringed by:
(a) their Contribution(s) (the licensed copyrights of copyright holders and non-copyrightable additions of contributors, in source or binary form) alone; or
(b) combination of their Contribution(s) with the work of authorship to which such Contribution(s) was added by such copyright holder or contributor, if, at the time the Contribution is added, such addition causes such combination to be necessarily infringed. The patent license shall not apply to any other combinations which include the Contribution.
Except as expressly stated above, no rights or licenses from any copyright holder or contributor is granted under this license, whether expressly, by implication, estoppel or otherwise.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
Subject to the terms and conditions of this license, each copyright holder
and contributor hereby grants to those receiving rights under this license
a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable
(except for failure to satisfy the conditions of this license) patent license
to make, have made, use, offer to sell, sell, import, and otherwise transfer
this software, where such license applies only to those patent claims, already
acquired or hereafter acquired, licensable by such copyright holder or contributor
that are necessarily infringed by:
(a) their Contribution(s) (the licensed copyrights of copyright holders and
non-copyrightable additions of contributors, in source or binary form) alone;
or
(b) combination of their Contribution(s) with the work of authorship to which
such Contribution(s) was added by such copyright holder or contributor, if,
at the time the Contribution is added, such addition causes such combination
to be necessarily infringed. The patent license shall not apply to any other
combinations which include the Contribution.
Except as expressly stated above, no rights or licenses from any copyright
holder or contributor is granted under this license, whether expressly, by
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DISCLAIMER
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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Copyright (c) <year> <owner> . All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
3. Neither the name of the copyright holder nor the names of its contributors
may be used to endorse or promote products derived from this software without
specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
4. Redistributions of any form whatsoever must retain the following acknowledgment: 'This product includes software developed by the "Universidad de Palermo, Argentina" (http://www.palermo.edu/).'
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
3. Neither the name of the copyright holder nor the names of its contributors
may be used to endorse or promote products derived from this software without
specific prior written permission.
4. Redistributions of any form whatsoever must retain the following acknowledgment:
'This product includes software developed by the "Universidad de Palermo,
Argentina" (http://www.palermo.edu/).'
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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@ -1,8 +1,32 @@
The Clear BSD License
Copyright (c) [xxxx]-[xxxx] [Owner Organization]
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted (subject to the limitations in the disclaimer below) provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
* Neither the name of [Owner Organization] nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
NO EXPRESS OR IMPLIED LICENSES TO ANY PARTY'S PATENT RIGHTS ARE GRANTED BY THIS LICENSE. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Redistribution and use in source and binary forms, with or without modification,
are permitted (subject to the limitations in the disclaimer below) provided
that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
* Neither the name of [Owner Organization] nor the names of its contributors
may be used to endorse or promote products derived from this software without
specific prior written permission.
NO EXPRESS OR IMPLIED LICENSES TO ANY PARTY'S PATENT RIGHTS ARE GRANTED BY
THIS LICENSE. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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@ -1,7 +1,40 @@
Copyright (c) 2003, The Regents of the University of California, through Lawrence Berkeley National Laboratory (subject to receipt of any required approvals from the U.S. Dept. of Energy). All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
(1) Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
(2) Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
(3) Neither the name of the University of California, Lawrence Berkeley National Laboratory, U.S. Dept. of Energy nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You are under no obligation whatsoever to provide any bug fixes, patches, or upgrades to the features, functionality or performance of the source code ("Enhancements") to anyone; however, if you choose to make your Enhancements available either publicly, or directly to Lawrence Berkeley National Laboratory, without imposing a separate written license agreement for such Enhancements, then you hereby grant the following license: a non-exclusive, royalty-free perpetual license to install, use, modify, prepare derivative works, incorporate into other computer software, distribute, and sublicense such Enhancements or derivative works thereof, in binary and source code form.
Copyright (c) 2003, The Regents of the University of California, through Lawrence
Berkeley National Laboratory (subject to receipt of any required approvals
from the U.S. Dept. of Energy). All rights reserved. Redistribution and use
in source and binary forms, with or without modification, are permitted provided
that the following conditions are met:
(1) Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
(2) Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
(3) Neither the name of the University of California, Lawrence Berkeley National
Laboratory, U.S. Dept. of Energy nor the names of its contributors may be
used to endorse or promote products derived from this software without specific
prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
You are under no obligation whatsoever to provide any bug fixes, patches,
or upgrades to the features, functionality or performance of the source code
("Enhancements") to anyone; however, if you choose to make your Enhancements
available either publicly, or directly to Lawrence Berkeley National Laboratory,
without imposing a separate written license agreement for such Enhancements,
then you hereby grant the following license: a non-exclusive, royalty-free
perpetual license to install, use, modify, prepare derivative works, incorporate
into other computer software, distribute, and sublicense such Enhancements
or derivative works thereof, in binary and source code form.

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@ -1,7 +1,30 @@
Copyright 1994-2009 Sun Microsystems, Inc. All Rights Reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
* Redistribution of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
* Redistribution in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
* Neither the name of Sun Microsystems, Inc. or the names of contributors may be used to endorse or promote products derived from this software without specific prior written permission.
This software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN MICROSYSTEMS, INC. ("SUN") AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THIS SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that this software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
* Redistribution of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
* Redistribution in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
* Neither the name of Sun Microsystems, Inc. or the names of contributors
may be used to endorse or promote products derived from this software without
specific prior written permission.
This software is provided "AS IS," without a warranty of any kind. ALL EXPRESS
OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT,
ARE HEREBY EXCLUDED. SUN MICROSYSTEMS, INC. ("SUN") AND ITS LICENSORS SHALL
NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING
OR DISTRIBUTING THIS SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN OR
ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER
CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF
OR INABILITY TO USE THIS SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
You acknowledge that this software is not designed, licensed or intended for
use in the design, construction, operation or maintenance of any nuclear facility.

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@ -1,8 +1,31 @@
Copyright © 2008, 2014 Oracle and/or its affiliates. All rights reserved.
Use is subject to license terms.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
* Neither the name of Oracle Corporation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You acknowledge that this software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
* Neither the name of Oracle Corporation nor the names of its contributors
may be used to endorse or promote products derived from this software without
specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You acknowledge that this software is not designed, licensed or intended for
use in the design, construction, operation or maintenance of any nuclear facility.

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@ -1,7 +1,30 @@
Copyright (c) 2003-2005 Sun Microsystems, Inc. All Rights Reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
- Redistribution of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- Redistribution in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
- Neither the name of Sun Microsystems, Inc. or the names of contributors may be used to endorse or promote products derived from this software without specific prior written permission.
This software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN MICROSYSTEMS, INC. ("SUN") AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THIS SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that this software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
- Redistribution of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
- Redistribution in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
- Neither the name of Sun Microsystems, Inc. or the names of contributors
may be used to endorse or promote products derived from this software without
specific prior written permission.
This software is provided "AS IS," without a warranty of any kind. ALL EXPRESS
OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT,
ARE HEREBY EXCLUDED. SUN MICROSYSTEMS, INC. ("SUN") AND ITS LICENSORS SHALL
NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING
OR DISTRIBUTING THIS SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN OR
ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER
CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF
OR INABILITY TO USE THIS SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
You acknowledge that this software is not designed or intended for use in
the design, construction, operation or maintenance of any nuclear facility.

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Copyright (c) <year> <owner> . All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgement:
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must
display the following acknowledgement:
This product includes software developed by the organization .
4. Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY COPYRIGHT HOLDER "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL COPYRIGHT HOLDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
4. Neither the name of the copyright holder nor the names of its contributors
may be used to endorse or promote products derived from this software without
specific prior written permission.
THIS SOFTWARE IS PROVIDED BY COPYRIGHT HOLDER "AS IS" AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL COPYRIGHT
HOLDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.

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BSD-4-Clause (University of California-Specific)
Copyright [various years] The Regents of the University of California. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgement: This product includes software developed by the University of California, Berkeley and its contributors.
4. Neither the name of the University nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ''AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Copyright [various years] The Regents of the University of California. All
rights reserved.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must
display the following acknowledgement: This product includes software developed
by the University of California, Berkeley and its contributors.
4. Neither the name of the University nor the names of its contributors may
be used to endorse or promote products derived from this software without
specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ''AS IS'' AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA,
OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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@ -1,33 +1,127 @@
BSD Protection License
February 2002 Preamble
--------
The Berkeley Software Distribution ("BSD") license has proven very effective over the years at allowing for a wide spread of work throughout both commercial and non-commercial products. For programmers whose primary intention is to improve the general quality of available software, it is arguable that there is no better license than the BSD license, as it permits improvements to be used wherever they will help, without idealogical or metallic constraint.
This is of particular value to those who produce reference implementations of proposed standards: The case of TCP/IP clearly illustrates that freely and universally available implementations leads the rapid acceptance of standards -- often even being used instead of a de jure standard (eg, OSI network models).
With the rapid proliferation of software licensed under the GNU General Public License, however, the continued success of this role is called into question. Given that the inclusion of a few lines of "GPL-tainted" work into a larger body of work will result in restricted distribution -- and given that further work will likely build upon the "tainted" portions, making them difficult to remove at a future date -- there are inevitable circumstances where authors would, in order to protect their goal of providing for the widespread usage of their work, wish to guard against such "GPL-taint".
In addition, one can imagine that companies which operate by producing and selling (possibly closed-source) code would wish to protect themselves against the rise of a GPL-licensed competitor. While under existing licenses this would mean not releasing their code under any form of open license, if a license existed under which they could incorporate any improvements back into their own (commercial) products then they might be far more willing to provide for non-closed distribution.
For the above reasons, we put forth this "BSD Protection License": A license designed to retain the freedom granted by the BSD license to use licensed works in a wide variety of settings, both non-commercial and commercial, while protecting the work from having future contributors restrict that freedom.
The precise terms and conditions for copying, distribution, and modification follow.
BSD PROTECTION LICENSE TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION, AND MODIFICATION ----------------------------------------------------------------
The Berkeley Software Distribution ("BSD") license has proven very effective
over the years at allowing for a wide spread of work throughout both commercial
and non-commercial products. For programmers whose primary intention is to
improve the general quality of available software, it is arguable that there
is no better license than the BSD license, as it permits improvements to be
used wherever they will help, without idealogical or metallic constraint.
This is of particular value to those who produce reference implementations
of proposed standards: The case of TCP/IP clearly illustrates that freely
and universally available implementations leads the rapid acceptance of standards
-- often even being used instead of a de jure standard (eg, OSI network models).
With the rapid proliferation of software licensed under the GNU General Public
License, however, the continued success of this role is called into question.
Given that the inclusion of a few lines of "GPL-tainted" work into a larger
body of work will result in restricted distribution -- and given that further
work will likely build upon the "tainted" portions, making them difficult
to remove at a future date -- there are inevitable circumstances where authors
would, in order to protect their goal of providing for the widespread usage
of their work, wish to guard against such "GPL-taint".
In addition, one can imagine that companies which operate by producing and
selling (possibly closed-source) code would wish to protect themselves against
the rise of a GPL-licensed competitor. While under existing licenses this
would mean not releasing their code under any form of open license, if a license
existed under which they could incorporate any improvements back into their
own (commercial) products then they might be far more willing to provide for
non-closed distribution.
For the above reasons, we put forth this "BSD Protection License": A license
designed to retain the freedom granted by the BSD license to use licensed
works in a wide variety of settings, both non-commercial and commercial, while
protecting the work from having future contributors restrict that freedom.
The precise terms and conditions for copying, distribution, and modification
follow.
BSD PROTECTION LICENSE TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION, AND
MODIFICATION ----------------------------------------------------------------
0. Definitions.
a) "Program", below, refers to any program or work distributed under the terms of this license.
b) A "work based on the Program", below, refers to either the Program or any derivative work under copyright law.
a) "Program", below, refers to any program or work distributed under the terms
of this license.
b) A "work based on the Program", below, refers to either the Program or any
derivative work under copyright law.
c) "Modification", below, refers to the act of creating derivative works.
d) "You", below, refers to each licensee.
1. Scope.
This license governs the copying, distribution, and modification of the Program. Other activities are outside the scope of this license; The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program.
This license governs the copying, distribution, and modification of the Program.
Other activities are outside the scope of this license; The act of running
the Program is not restricted, and the output from the Program is covered
only if its contents constitute a work based on the Program.
2. Verbatim copies.
You may copy and distribute verbatim copies of the Program as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.
You may copy and distribute verbatim copies of the Program as you receive
it, in any medium, provided that you conspicuously and appropriately publish
on each copy an appropriate copyright notice; keep intact all the notices
that refer to this License and to the absence of any warranty; and give any
other recipients of the Program a copy of this License along with the Program.
3. Modification and redistribution under closed license.
You may modify your copy or copies of the Program, and distribute the resulting derivative works, provided that you meet the following conditions:
a) The copyright notice and disclaimer on the Program must be reproduced and included in the source code, documentation, and/or other materials provided in a manner in which such notices are normally distributed.
b) The derivative work must be clearly identified as such, in order that it may not be confused with the original work.
c) The license under which the derivative work is distributed must expressly prohibit the distribution of further derivative works.
You may modify your copy or copies of the Program, and distribute the resulting
derivative works, provided that you meet the following conditions:
a) The copyright notice and disclaimer on the Program must be reproduced and
included in the source code, documentation, and/or other materials provided
in a manner in which such notices are normally distributed.
b) The derivative work must be clearly identified as such, in order that it
may not be confused with the original work.
c) The license under which the derivative work is distributed must expressly
prohibit the distribution of further derivative works.
4. Modification and redistribution under open license.
You may modify your copy or copies of the Program, and distribute the resulting derivative works, provided that you meet the following conditions:
a) The copyright notice and disclaimer on the Program must be reproduced and included in the source code, documentation, and/or other materials provided in a manner in which such notices are normally distributed.
b) You must clearly indicate the nature and date of any changes made to the Program. The full details need not necessarily be included in the individual modified files, provided that each modified file is clearly marked as such and instructions are included on where the full details of the modifications may be found.
c) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
You may modify your copy or copies of the Program, and distribute the resulting
derivative works, provided that you meet the following conditions:
a) The copyright notice and disclaimer on the Program must be reproduced and
included in the source code, documentation, and/or other materials provided
in a manner in which such notices are normally distributed.
b) You must clearly indicate the nature and date of any changes made to the
Program. The full details need not necessarily be included in the individual
modified files, provided that each modified file is clearly marked as such
and instructions are included on where the full details of the modifications
may be found.
c) You must cause any work that you distribute or publish, that in whole or
in part contains or is derived from the Program or any part thereof, to be
licensed as a whole at no charge to all third parties under the terms of this
License.
5. Implied acceptance.
You may not copy or distribute the Program or any derivative works except as expressly provided under this license. Consequently, any such action will be taken as implied acceptance of the terms of this license.
You may not copy or distribute the Program or any derivative works except
as expressly provided under this license. Consequently, any such action will
be taken as implied acceptance of the terms of this license.
6. NO WARRANTY.
THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT, EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER,
OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED
ABOVE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT,
EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.

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@ -1,6 +1,25 @@
Copyright (c) 2011, Deusty, LLC
All rights reserved.
Redistribution and use of this software in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
* Neither the name of Deusty nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission of Deusty, LLC.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Redistribution and use of this software in source and binary forms, with or
without modification, are permitted provided that the following conditions
are met:
* Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
* Neither the name of Deusty nor the names of its contributors may be used
to endorse or promote products derived from this software without specific
prior written permission of Deusty, LLC.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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@ -1,4 +1,23 @@
Boost Software License - Version 1.0 - August 17th, 2003
Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this license (the "Software") to use, reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following:
The copyright notices in the Software and this entire statement, including the above license grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine-executable object code generated by a source language processor.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Permission is hereby granted, free of charge, to any person or organization
obtaining a copy of the software and accompanying documentation covered by
this license (the "Software") to use, reproduce, display, distribute, execute,
and transmit the Software, and to prepare derivative works of the Software,
and to permit third-parties to whom the Software is furnished to do so, all
subject to the following:
The copyright notices in the Software and this entire statement, including
the above license grant, this restriction and the following disclaimer, must
be included in all copies of the Software, in whole or in part, and all derivative
works of the Software, unless such copies or derivative works are solely in
the form of machine-executable object code generated by a source language
processor.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE
COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES
OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.

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@ -1,5 +1,23 @@
COPYRIGHT NOTICE
These patterns and the generating sh script are Copyright (c) GMV 1991
These patterns were developed for internal GMV use and are made public in the hope that they will benefit others. Also, spreading these patterns throughout the Spanish-language TeX community is expected to provide back-benefits to GMV in that it can help keeping GMV in the mainstream of spanish users.
However, this is given for free and WITHOUT ANY WARRANTY. Under no circumstances can Julio Sanchez, GMV, Jos'e A. Ma~nas or any agents or representatives thereof be held responsible for any errors in this software nor for any damages derived from its use, even in case any of the above has been notified of the possibility of such damages. If any such situation arises, you responsible for repair. Use of this software is an explicit acceptance of these conditions.
You can use this software for any purpose. You cannot delete this copyright notice. If you change this software, you must include comments explaining who, when and why. You are kindly requested to send any changes to tex@gmv.es. If you change the generating script, you must include code in it such that any output is clearly labeled as generated by a modified script. Despite the lack of warranty, we would like to hear about any problem you find. Please report problems to tex@gmv.es. END OF COPYRIGHT NOTICE
These patterns were developed for internal GMV use and are made public in
the hope that they will benefit others. Also, spreading these patterns throughout
the Spanish-language TeX community is expected to provide back-benefits to
GMV in that it can help keeping GMV in the mainstream of spanish users.
However, this is given for free and WITHOUT ANY WARRANTY. Under no circumstances
can Julio Sanchez, GMV, Jos'e A. Ma~nas or any agents or representatives thereof
be held responsible for any errors in this software nor for any damages derived
from its use, even in case any of the above has been notified of the possibility
of such damages. If any such situation arises, you responsible for repair.
Use of this software is an explicit acceptance of these conditions.
You can use this software for any purpose. You cannot delete this copyright
notice. If you change this software, you must include comments explaining
who, when and why. You are kindly requested to send any changes to tex@gmv.es.
If you change the generating script, you must include code in it such that
any output is clearly labeled as generated by a modified script. Despite the
lack of warranty, we would like to hear about any problem you find. Please
report problems to tex@gmv.es. END OF COPYRIGHT NOTICE

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@ -1 +1,8 @@
This is a package of commutative diagram macros built on top of Xy-pic by Michael Barr (email: barr@barrs.org). Its use is unrestricted. It may be freely distributed, unchanged, for non-commercial or commercial use. If changed, it must be renamed. Inclusion in a commercial software package is also permitted, but I would appreciate receiving a free copy for my personal examination and use. There are no guarantees that this package is good for anything. I have tested it with LaTeX 2e, LaTeX 2.09 and Plain TeX. Although I know of no reason it will not work with AMSTeX, I have not tested it.
This is a package of commutative diagram macros built on top of Xy-pic by
Michael Barr (email: barr@barrs.org). Its use is unrestricted. It may be freely
distributed, unchanged, for non-commercial or commercial use. If changed,
it must be renamed. Inclusion in a commercial software package is also permitted,
but I would appreciate receiving a free copy for my personal examination and
use. There are no guarantees that this package is good for anything. I have
tested it with LaTeX 2e, LaTeX 2.09 and Plain TeX. Although I know of no reason
it will not work with AMSTeX, I have not tested it.

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@ -1,2 +1,5 @@
"THE BEER-WARE LICENSE" (Revision 42):
<phk@FreeBSD.ORG> wrote this file. As long as you retain this notice you can do whatever you want with this stuff. If we meet some day, and you think this stuff is worth it, you can buy me a beer in return Poul-Henning Kamp
<phk@FreeBSD.ORG> wrote this file. As long as you retain this notice you can
do whatever you want with this stuff. If we meet some day, and you think this
stuff is worth it, you can buy me a beer in return Poul-Henning Kamp

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@ -1,3 +1,5 @@
Bison Exception
As a special exception, you may create a larger work that contains part or all of the Bison parser skeleton and distribute that work under terms of your choice, so long as that work isn't itself a parser generator using the skeleton or a modified version thereof as a parser skeleton. Alternatively, if you modify or redistribute the parser skeleton itself, you may (at your option) remove this special exception, which will cause the skeleton and the resulting Bison output files to be licensed under the GNU General Public License without this special exception.
This special exception was added by the Free Software Foundation in version 2.2 of Bison.

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@ -1,71 +1,408 @@
BitTorrent Open Source License
Version 1.0
This BitTorrent Open Source License (the "License") applies to the BitTorrent client and related software products as well as any updates or maintenance releases of that software ("BitTorrent Products") that are distributed by BitTorrent, Inc. ("Licensor"). Any BitTorrent Product licensed pursuant to this License is a Licensed Product. Licensed Product, in its entirety, is protected by U.S. copyright law. This License identifies the terms under which you may use, copy, distribute or modify Licensed Product.
This BitTorrent Open Source License (the "License") applies to the BitTorrent
client and related software products as well as any updates or maintenance
releases of that software ("BitTorrent Products") that are distributed by
BitTorrent, Inc. ("Licensor"). Any BitTorrent Product licensed pursuant to
this License is a Licensed Product. Licensed Product, in its entirety, is
protected by U.S. copyright law. This License identifies the terms under which
you may use, copy, distribute or modify Licensed Product.
Preamble
This Preamble is intended to describe, in plain English, the nature and scope of this License. However, this Preamble is not a part of this license. The legal effect of this License is dependent only upon the terms of the License and not this Preamble.
This License complies with the Open Source Definition and is derived from the Jabber Open Source License 1.0 (the "JOSL"), which has been approved by Open Source Initiative. Sections 4(c) and 4(f)(iii) from the JOSL have been dropped.
This Preamble is intended to describe, in plain English, the nature and scope
of this License. However, this Preamble is not a part of this license. The
legal effect of this License is dependent only upon the terms of the License
and not this Preamble.
This License complies with the Open Source Definition and is derived from
the Jabber Open Source License 1.0 (the "JOSL"), which has been approved by
Open Source Initiative. Sections 4(c) and 4(f)(iii) from the JOSL have been
dropped.
This License provides that:
1. You may use, sell or give away the Licensed Product, alone or as a component of an aggregate software distribution containing programs from several different sources. No royalty or other fee is required.
2. Both Source Code and executable versions of the Licensed Product, including Modifications made by previous Contributors, are available for your use. (The terms "Licensed Product," "Modifications," "Contributors" and "Source Code" are defined in the License.)
3. You are allowed to make Modifications to the Licensed Product, and you can create Derivative Works from it. (The term "Derivative Works" is defined in the License.)
4. By accepting the Licensed Product under the provisions of this License, you agree that any Modifications you make to the Licensed Product and then distribute are governed by the provisions of this License. In particular, you must make the Source Code of your Modifications available to others.
5. You may use the Licensed Product for any purpose, but the Licensor is not providing you any warranty whatsoever, nor is the Licensor accepting any liability in the event that the Licensed Product doesn't work properly or causes you any injury or damages.
6. If you sublicense the Licensed Product or Derivative Works, you may charge fees for warranty or support, or for accepting indemnity or liability obligations to your customers. You cannot charge for the Source Code.
7. If you assert any patent claims against the Licensor relating to the Licensed Product, or if you breach any terms of the License, your rights to the Licensed Product under this License automatically terminate.
You may use this License to distribute your own Derivative Works, in which case the provisions of this License will apply to your Derivative Works just as they do to the original Licensed Product.
Alternatively, you may distribute your Derivative Works under any other OSI-approved Open Source license, or under a proprietary license of your choice. If you use any license other than this License, however, you must continue to fulfill the requirements of this License (including the provisions relating to publishing the Source Code) for those portions of your Derivative Works that consist of the Licensed Product, including the files containing Modifications.
New versions of this License may be published from time to time. You may choose to continue to use the license terms in this version of the License or those from the new version. However, only the Licensor has the right to change the License terms as they apply to the Licensed Product.
This License relies on precise definitions for certain terms. Those terms are defined when they are first used, and the definitions are repeated for your convenience in a Glossary at the end of the License.
1. You may use, sell or give away the Licensed Product, alone or as a component
of an aggregate software distribution containing programs from several different
sources. No royalty or other fee is required.
2. Both Source Code and executable versions of the Licensed Product, including
Modifications made by previous Contributors, are available for your use. (The
terms "Licensed Product," "Modifications," "Contributors" and "Source Code"
are defined in the License.)
3. You are allowed to make Modifications to the Licensed Product, and you
can create Derivative Works from it. (The term "Derivative Works" is defined
in the License.)
4. By accepting the Licensed Product under the provisions of this License,
you agree that any Modifications you make to the Licensed Product and then
distribute are governed by the provisions of this License. In particular,
you must make the Source Code of your Modifications available to others.
5. You may use the Licensed Product for any purpose, but the Licensor is not
providing you any warranty whatsoever, nor is the Licensor accepting any liability
in the event that the Licensed Product doesn't work properly or causes you
any injury or damages.
6. If you sublicense the Licensed Product or Derivative Works, you may charge
fees for warranty or support, or for accepting indemnity or liability obligations
to your customers. You cannot charge for the Source Code.
7. If you assert any patent claims against the Licensor relating to the Licensed
Product, or if you breach any terms of the License, your rights to the Licensed
Product under this License automatically terminate.
You may use this License to distribute your own Derivative Works, in which
case the provisions of this License will apply to your Derivative Works just
as they do to the original Licensed Product.
Alternatively, you may distribute your Derivative Works under any other OSI-approved
Open Source license, or under a proprietary license of your choice. If you
use any license other than this License, however, you must continue to fulfill
the requirements of this License (including the provisions relating to publishing
the Source Code) for those portions of your Derivative Works that consist
of the Licensed Product, including the files containing Modifications.
New versions of this License may be published from time to time. You may choose
to continue to use the license terms in this version of the License or those
from the new version. However, only the Licensor has the right to change the
License terms as they apply to the Licensed Product.
This License relies on precise definitions for certain terms. Those terms
are defined when they are first used, and the definitions are repeated for
your convenience in a Glossary at the end of the License.
License Terms
1. Grant of License From Licensor. Licensor hereby grants you a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to do the following:
a. Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by such Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as part of Derivative Works.
b. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof or Derivative Works thereof.
2. Grant of License to Modifications From Contributor. "Modifications" means any additions to or deletions from the substance or structure of (i) a file containing Licensed Product, or (ii) any new file that contains any part of Licensed Product. Hereinafter in this License, the term "Licensed Product" shall include all previous Modifications that you receive from any Contributor. By application of the provisions in Section 4(a) below, each person or entity who created or contributed to the creation of, and distributed, a Modification (a "Contributor") hereby grants you a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to do the following:
a. Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by such Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as part of Derivative Works.
b. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof or Derivative Works thereof.
3. Exclusions From License Grant. Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor or any Contributor except as expressly stated herein. No patent license is granted separate from the Licensed Product, for code that you delete from the Licensed Product, or for combinations of the Licensed Product with other software or hardware. No right is granted to the trademarks of Licensor or any Contributor even if such marks are included in the Licensed Product. Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this License any code that Licensor otherwise would have a right to license.
1. Grant of License From Licensor. Licensor hereby grants you a world-wide,
royalty-free, non-exclusive license, subject to third party intellectual property
claims, to do the following:
a. Use, reproduce, modify, display, perform, sublicense and distribute any
Modifications created by such Contributor or portions thereof, in both Source
Code or as an executable program, either on an unmodified basis or as part
of Derivative Works.
b. Under claims of patents now or hereafter owned or controlled by Contributor,
to make, use, sell, offer for sale, have made, and/or otherwise dispose of
Modifications or portions thereof, but solely to the extent that any such
claim is necessary to enable you to make, use, sell, offer for sale, have
made, and/or otherwise dispose of Modifications or portions thereof or Derivative
Works thereof.
2. Grant of License to Modifications From Contributor. "Modifications" means
any additions to or deletions from the substance or structure of (i) a file
containing Licensed Product, or (ii) any new file that contains any part of
Licensed Product. Hereinafter in this License, the term "Licensed Product"
shall include all previous Modifications that you receive from any Contributor.
By application of the provisions in Section 4(a) below, each person or entity
who created or contributed to the creation of, and distributed, a Modification
(a "Contributor") hereby grants you a world-wide, royalty-free, non-exclusive
license, subject to third party intellectual property claims, to do the following:
a. Use, reproduce, modify, display, perform, sublicense and distribute any
Modifications created by such Contributor or portions thereof, in both Source
Code or as an executable program, either on an unmodified basis or as part
of Derivative Works.
b. Under claims of patents now or hereafter owned or controlled by Contributor,
to make, use, sell, offer for sale, have made, and/or otherwise dispose of
Modifications or portions thereof, but solely to the extent that any such
claim is necessary to enable you to make, use, sell, offer for sale, have
made, and/or otherwise dispose of Modifications or portions thereof or Derivative
Works thereof.
3. Exclusions From License Grant. Nothing in this License shall be deemed
to grant any rights to trademarks, copyrights, patents, trade secrets or any
other intellectual property of Licensor or any Contributor except as expressly
stated herein. No patent license is granted separate from the Licensed Product,
for code that you delete from the Licensed Product, or for combinations of
the Licensed Product with other software or hardware. No right is granted
to the trademarks of Licensor or any Contributor even if such marks are included
in the Licensed Product. Nothing in this License shall be interpreted to prohibit
Licensor from licensing under different terms from this License any code that
Licensor otherwise would have a right to license.
4. Your Obligations Regarding Distribution.
a. Application of This License to Your Modifications. As an express condition for your use of the Licensed Product, you hereby agree that any Modifications that you create or to which you contribute, and which you distribute, are governed by the terms of this License including, without limitation, Section 2. Any Modifications that you create or to which you contribute may be distributed only under the terms of this License or a future version of this License released under Section 7. You must include a copy of this License with every copy of the Modifications you distribute. You agree not to offer or impose any terms on any Source Code or executable version of the Licensed Product or Modifications that alter or restrict the applicable version of this License or the recipients' rights hereunder. However, you may include an additional document offering the additional rights described in Section 4(d).
b. Availability of Source Code. You must make available, under the terms of this License, the Source Code of the Licensed Product and any Modifications that you distribute, either on the same media as you distribute any executable or other form of the Licensed Product, or via a mechanism generally accepted in the software development community for the electronic transfer of data (an "Electronic Distribution Mechanism"). The Source Code for any version of Licensed Product or Modifications that you distribute must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of said Licensed Product or Modifications has been made available. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
a. Application of This License to Your Modifications. As an express condition
for your use of the Licensed Product, you hereby agree that any Modifications
that you create or to which you contribute, and which you distribute, are
governed by the terms of this License including, without limitation, Section
2. Any Modifications that you create or to which you contribute may be distributed
only under the terms of this License or a future version of this License released
under Section 7. You must include a copy of this License with every copy of
the Modifications you distribute. You agree not to offer or impose any terms
on any Source Code or executable version of the Licensed Product or Modifications
that alter or restrict the applicable version of this License or the recipients'
rights hereunder. However, you may include an additional document offering
the additional rights described in Section 4(d).
b. Availability of Source Code. You must make available, under the terms of
this License, the Source Code of the Licensed Product and any Modifications
that you distribute, either on the same media as you distribute any executable
or other form of the Licensed Product, or via a mechanism generally accepted
in the software development community for the electronic transfer of data
(an "Electronic Distribution Mechanism"). The Source Code for any version
of Licensed Product or Modifications that you distribute must remain available
for at least twelve (12) months after the date it initially became available,
or at least six (6) months after a subsequent version of said Licensed Product
or Modifications has been made available. You are responsible for ensuring
that the Source Code version remains available even if the Electronic Distribution
Mechanism is maintained by a third party.
c. Intellectual Property Matters.
i. Third Party Claims. If you have knowledge that a license to a third party's intellectual property right is required to exercise the rights granted by this License, you must include a text file with the Source Code distribution titled "LEGAL" that describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after you make any Modifications available as described in Section 4(b), you shall promptly modify the LEGAL file in all copies you make available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Licensed Product from you that new knowledge has been obtained.
ii. Contributor APIs. If your Modifications include an application programming interface ("API") and you have knowledge of patent licenses that are reasonably necessary to implement that API, you must also include this information in the LEGAL file.
iii. Representations. You represent that, except as disclosed pursuant to 4(c)(i) above, you believe that any Modifications you distribute are your original creations and that you have sufficient rights to grant the rights conveyed by this License.
d. Required Notices. You must duplicate this License in any documentation you provide along with the Source Code of any Modifications you create or to which you contribute, and which you distribute, wherever you describe recipients' rights relating to Licensed Product. You must duplicate the notice contained in Exhibit A (the "Notice") in each file of the Source Code of any copy you distribute of the Licensed Product. If you created a Modification, you may add your name as a Contributor to the Notice. If it is not possible to put the Notice in a particular Source Code file due to its structure, then you must include such Notice in a location (such as a relevant directory file) where a user would be likely to look for such a notice. You may choose to offer, and charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Licensed Product. However, you may do so only on your own behalf, and not on behalf of the Licensor or any Contributor. You must make it clear that any such warranty, support, indemnity or liability obligation is offered by you alone, and you hereby agree to indemnify the Licensor and every Contributor for any liability incurred by the Licensor or such Contributor as a result of warranty, support, indemnity or liability terms you offer.
e. Distribution of Executable Versions. You may distribute Licensed Product as an executable program under a license of your choice that may contain terms different from this License provided (i) you have satisfied the requirements of Sections 4(a) through 4(d) for that distribution, (ii) you include a conspicuous notice in the executable version, related documentation and collateral materials stating that the Source Code version of the Licensed Product is available under the terms of this License, including a description of how and where you have fulfilled the obligations of Section 4(b), and (iii) you make it clear that any terms that differ from this License are offered by you alone, not by Licensor or any Contributor. You hereby agree to indemnify the Licensor and every Contributor for any liability incurred by Licensor or such Contributor as a result of any terms you offer.
f. Distribution of Derivative Works. You may create Derivative Works (e.g., combinations of some or all of the Licensed Product with other code) and distribute the Derivative Works as products under any other license you select, with the proviso that the requirements of this License are fulfilled for those portions of the Derivative Works that consist of the Licensed Product or any Modifications thereto.
g. Compensation for Distribution of Executable Versions of Licensed Products, Modifications or Derivative Works. Notwithstanding any provision of this License to the contrary, by distributing, selling, licensing, sublicensing or otherwise making available any Licensed Product, or Modification or Derivative Work thereof, you and Licensor hereby acknowledge and agree that you may sell, license or sublicense for a fee, accept donations or otherwise receive compensation for executable versions of a Licensed Product, without paying a royalty or other fee to the Licensor or any other Contributor, provided that such executable versions (i) contain your or another Contributor's material Modifications, or (ii) are otherwise material Derivative Works. For purposes of this License, an executable version of the Licensed Product will be deemed to contain a material Modification, or will otherwise be deemed a material Derivative Work, if (a) the Licensed Product is modified with your own or a third party's software programs or other code, and/or the Licensed Product is combined with a number of your own or a third party's software programs or code, respectively, and (b) such software programs or code add or contribute material value, functionality or features to the License Product. For the avoidance of doubt, to the extent your executable version of a Licensed Product does not contain your or another Contributor's material Modifications or is otherwise not a material Derivative Work, in each case as contemplated herein, you may not sell, license or sublicense for a fee, accept donations or otherwise receive compensation for such executable. Additionally, without limitation of the foregoing and notwithstanding any provision of this License to the contrary, you cannot charge for, sell, license or sublicense for a fee, accept donations or otherwise receive compensation for the Source Code.
5. Inability to Comply Due to Statute or Regulation. If it is impossible for you to comply with any of the terms of this License with respect to some or all of the Licensed Product due to statute, judicial order, or regulation, then you must (i) comply with the terms of this License to the maximum extent possible, (ii) cite the statute or regulation that prohibits you from adhering to the License, and (iii) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 4(d), and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill at computer programming to be able to understand it.
6. Application of This License. This License applies to code to which Licensor or Contributor has attached the Notice in Exhibit A, which is incorporated herein by this reference.
i. Third Party Claims. If you have knowledge that a license to a third party's
intellectual property right is required to exercise the rights granted by
this License, you must include a text file with the Source Code distribution
titled "LEGAL" that describes the claim and the party making the claim in
sufficient detail that a recipient will know whom to contact. If you obtain
such knowledge after you make any Modifications available as described in
Section 4(b), you shall promptly modify the LEGAL file in all copies you make
available thereafter and shall take other steps (such as notifying appropriate
mailing lists or newsgroups) reasonably calculated to inform those who received
the Licensed Product from you that new knowledge has been obtained.
ii. Contributor APIs. If your Modifications include an application programming
interface ("API") and you have knowledge of patent licenses that are reasonably
necessary to implement that API, you must also include this information in
the LEGAL file.
iii. Representations. You represent that, except as disclosed pursuant to
4(c)(i) above, you believe that any Modifications you distribute are your
original creations and that you have sufficient rights to grant the rights
conveyed by this License.
d. Required Notices. You must duplicate this License in any documentation
you provide along with the Source Code of any Modifications you create or
to which you contribute, and which you distribute, wherever you describe recipients'
rights relating to Licensed Product. You must duplicate the notice contained
in Exhibit A (the "Notice") in each file of the Source Code of any copy you
distribute of the Licensed Product. If you created a Modification, you may
add your name as a Contributor to the Notice. If it is not possible to put
the Notice in a particular Source Code file due to its structure, then you
must include such Notice in a location (such as a relevant directory file)
where a user would be likely to look for such a notice. You may choose to
offer, and charge a fee for, warranty, support, indemnity or liability obligations
to one or more recipients of Licensed Product. However, you may do so only
on your own behalf, and not on behalf of the Licensor or any Contributor.
You must make it clear that any such warranty, support, indemnity or liability
obligation is offered by you alone, and you hereby agree to indemnify the
Licensor and every Contributor for any liability incurred by the Licensor
or such Contributor as a result of warranty, support, indemnity or liability
terms you offer.
e. Distribution of Executable Versions. You may distribute Licensed Product
as an executable program under a license of your choice that may contain terms
different from this License provided (i) you have satisfied the requirements
of Sections 4(a) through 4(d) for that distribution, (ii) you include a conspicuous
notice in the executable version, related documentation and collateral materials
stating that the Source Code version of the Licensed Product is available
under the terms of this License, including a description of how and where
you have fulfilled the obligations of Section 4(b), and (iii) you make it
clear that any terms that differ from this License are offered by you alone,
not by Licensor or any Contributor. You hereby agree to indemnify the Licensor
and every Contributor for any liability incurred by Licensor or such Contributor
as a result of any terms you offer.
f. Distribution of Derivative Works. You may create Derivative Works (e.g.,
combinations of some or all of the Licensed Product with other code) and distribute
the Derivative Works as products under any other license you select, with
the proviso that the requirements of this License are fulfilled for those
portions of the Derivative Works that consist of the Licensed Product or any
Modifications thereto.
5. Inability to Comply Due to Statute or Regulation. If it is impossible for
you to comply with any of the terms of this License with respect to some or
all of the Licensed Product due to statute, judicial order, or regulation,
then you must (i) comply with the terms of this License to the maximum extent
possible, (ii) cite the statute or regulation that prohibits you from adhering
to the License, and (iii) describe the limitations and the code they affect.
Such description must be included in the LEGAL file described in Section 4(d),
and must be included with all distributions of the Source Code. Except to
the extent prohibited by statute or regulation, such description must be sufficiently
detailed for a recipient of ordinary skill at computer programming to be able
to understand it.
6. Application of This License. This License applies to code to which Licensor
or Contributor has attached the Notice in Exhibit A, which is incorporated
herein by this reference.
7. Versions of This License.
a. New Versions. Licensor may publish from time to time revised and/or new versions of the License.
b. Effect of New Versions. Once Licensed Product has been published under a particular version of the License, you may always continue to use it under the terms of that version. You may also choose to use such Licensed Product under the terms of any subsequent version of the License published by Licensor. No one other than Licensor has the right to modify the terms applicable to Licensed Product created under this License.
c. Derivative Works of this License. If you create or use a modified version of this License, which you may do only in order to apply it to software that is not already a Licensed Product under this License, you must rename your license so that it is not confusingly similar to this License, and must make it clear that your license contains terms that differ from this License. In so naming your license, you may not use any trademark of Licensor or any Contributor.
8. Disclaimer of Warranty. LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
a. New Versions. Licensor may publish from time to time revised and/or new
versions of the License.
b. Effect of New Versions. Once Licensed Product has been published under
a particular version of the License, you may always continue to use it under
the terms of that version. You may also choose to use such Licensed Product
under the terms of any subsequent version of the License published by Licensor.
No one other than Licensor has the right to modify the terms applicable to
Licensed Product created under this License.
c. Derivative Works of this License. If you create or use a modified version
of this License, which you may do only in order to apply it to software that
is not already a Licensed Product under this License, you must rename your
license so that it is not confusingly similar to this License, and must make
it clear that your license contains terms that differ from this License. In
so naming your license, you may not use any trademark of Licensor or any Contributor.
8. Disclaimer of Warranty. LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE
ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED PRODUCT IS FREE
OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT
IS WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU (AND
NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED PRODUCT IS AUTHORIZED HEREUNDER
EXCEPT UNDER THIS DISCLAIMER.
9. Termination.
a. Automatic Termination Upon Breach. This license and the rights granted hereunder will terminate automatically if you fail to comply with the terms herein and fail to cure such breach within thirty (30) days of becoming aware of the breach. All sublicenses to the Licensed Product that are properly granted shall survive any termination of this license. Provisions that, by their nature, must remain in effect beyond the termination of this License, shall survive.
b. Termination Upon Assertion of Patent Infringement. If you initiate litigation by asserting a patent infringement claim (excluding declaratory judgment actions) against Licensor or a Contributor (Licensor or Contributor against whom you file such an action is referred to herein as Respondent) alleging that Licensed Product directly or indirectly infringes any patent, then any and all rights granted by such Respondent to you under Sections 1 or 2 of this License shall terminate prospectively upon sixty (60) days notice from Respondent (the "Notice Period") unless within that Notice Period you either agree in writing (i) to pay Respondent a mutually agreeable reasonably royalty for your past or future use of Licensed Product made by such Respondent, or (ii) withdraw your litigation claim with respect to Licensed Product against such Respondent. If within said Notice Period a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Licensor to you under Sections 1 and 2 automatically terminate at the expiration of said Notice Period.
c. Reasonable Value of This License. If you assert a patent infringement claim against Respondent alleging that Licensed Product directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by said Respondent under Sections 1 and 2 shall be taken into account in determining the amount or value of any payment or license.
d. No Retroactive Effect of Termination. In the event of termination under Sections 9(a) or 9(b) above, all end user license agreements (excluding licenses to distributors and resellers) that have been validly granted by you or any distributor hereunder prior to termination shall survive termination.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
11. Responsibility for Claims. As between Licensor and Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License. You agree to work with Licensor and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or
a. Automatic Termination Upon Breach. This license and the rights granted
hereunder will terminate automatically if you fail to comply with the terms
herein and fail to cure such breach within thirty (30) days of becoming aware
of the breach. All sublicenses to the Licensed Product that are properly granted
shall survive any termination of this license. Provisions that, by their nature,
must remain in effect beyond the termination of this License, shall survive.
b. Termination Upon Assertion of Patent Infringement. If you initiate litigation
by asserting a patent infringement claim (excluding declaratory judgment actions)
against Licensor or a Contributor (Licensor or Contributor against whom you
file such an action is referred to herein as Respondent) alleging that Licensed
Product directly or indirectly infringes any patent, then any and all rights
granted by such Respondent to you under Sections 1 or 2 of this License shall
terminate prospectively upon sixty (60) days notice from Respondent (the "Notice
Period") unless within that Notice Period you either agree in writing (i)
to pay Respondent a mutually agreeable reasonably royalty for your past or
future use of Licensed Product made by such Respondent, or (ii) withdraw your
litigation claim with respect to Licensed Product against such Respondent.
If within said Notice Period a reasonable royalty and payment arrangement
are not mutually agreed upon in writing by the parties or the litigation claim
is not withdrawn, the rights granted by Licensor to you under Sections 1 and
2 automatically terminate at the expiration of said Notice Period.
c. Reasonable Value of This License. If you assert a patent infringement claim
against Respondent alleging that Licensed Product directly or indirectly infringes
any patent where such claim is resolved (such as by license or settlement)
prior to the initiation of patent infringement litigation, then the reasonable
value of the licenses granted by said Respondent under Sections 1 and 2 shall
be taken into account in determining the amount or value of any payment or
license.
d. No Retroactive Effect of Termination. In the event of termination under
Sections 9(a) or 9(b) above, all end user license agreements (excluding licenses
to distributors and resellers) that have been validly granted by you or any
distributor hereunder prior to termination shall survive termination.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR,
ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER OF
ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS
SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY
NOT APPLY TO YOU.
11. Responsibility for Claims. As between Licensor and Contributors, each
party is responsible for claims and damages arising, directly or indirectly,
out of its utilization of rights under this License. You agree to work with
Licensor and Contributors to distribute such responsibility on an equitable
basis. Nothing herein is intended or
shall be deemed to constitute any admission of liability.
12. U.S. Government End Users. The Licensed Product is a commercial item, as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of commercial computer software and commercial computer software documentation, as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Licensed Product with only those rights set forth herein.
13. Miscellaneous. This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. You expressly agree that any litigation relating to this license shall be subject to the jurisdiction of the Federal Courts of the Northern District of California or the Superior Court of the County of Santa Clara, California (as appropriate), with venue lying in Santa Clara County, California, with the losing party responsible for costs including, without limitation, court costs and reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Licensor expressly waive any rights to a jury trial in any litigation concerning Licensed Product or this License. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this License.
14. Definition of You in This License. You throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 7. For legal entities, you includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, control means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
15. Glossary. All defined terms in this License that are used in more than one Section of this License are repeated here, in alphabetical order, for the convenience of the reader. The Section of this License in which each defined term is first used is shown in parentheses.
Contributor: Each person or entity who created or contributed to the creation of, and distributed, a Modification. (See Section 2)
Derivative Works: That term as used in this License is defined under U.S. copyright law. (See Section 1(b))
12. U.S. Government End Users. The Licensed Product is a commercial item,
as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of commercial
computer software and commercial computer software documentation, as such
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
End Users acquire Licensed Product with only those rights set forth herein.
13. Miscellaneous. This License represents the complete agreement concerning
the subject matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent necessary
to make it enforceable. This License shall be governed by California law provisions
(except to the extent applicable law, if any, provides otherwise), excluding
its conflict-of-law provisions. You expressly agree that any litigation relating
to this license shall be subject to the jurisdiction of the Federal Courts
of the Northern District of California or the Superior Court of the County
of Santa Clara, California (as appropriate), with venue lying in Santa Clara
County, California, with the losing party responsible for costs including,
without limitation, court costs and reasonable attorneys fees and expenses.
The application of the United Nations Convention on Contracts for the International
Sale of Goods is expressly excluded. You and Licensor expressly waive any
rights to a jury trial in any litigation concerning Licensed Product or this
License. Any law or regulation that provides that the language of a contract
shall be construed against the drafter shall not apply to this License.
14. Definition of You in This License. You throughout this License, whether
in upper or lower case, means an individual or a legal entity exercising rights
under, and complying with all of the terms of, this License or a future version
of this License issued under Section 7. For legal entities, you includes any
entity that controls, is controlled by, or is under common control with you.
For purposes of this definition, control means (i) the power, direct or indirect,
to cause the direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding
shares, or (iii) beneficial ownership of such entity.
15. Glossary. All defined terms in this License that are used in more than
one Section of this License are repeated here, in alphabetical order, for
the convenience of the reader. The Section of this License in which each defined
term is first used is shown in parentheses.
Contributor: Each person or entity who created or contributed to the creation
of, and distributed, a Modification. (See Section 2)
Derivative Works: That term as used in this License is defined under U.S.
copyright law. (See Section 1(b))
License: This BitTorrent Open Source License. (See first paragraph of License)
Licensed Product: Any BitTorrent Product licensed pursuant to this License. The term "Licensed Product" includes all previous Modifications from any Contributor that you receive. (See first paragraph of License and Section 2)
Licensed Product: Any BitTorrent Product licensed pursuant to this License.
The term "Licensed Product" includes all previous Modifications from any Contributor
that you receive. (See first paragraph of License and Section 2)
Licensor: BitTorrent, Inc. (See first paragraph of License)
Modifications: Any additions to or deletions from the substance or structure of (i) a file containing Licensed Product, or (ii) any new file that contains any part of Licensed Product. (See Section 2)
Modifications: Any additions to or deletions from the substance or structure
of (i) a file containing Licensed Product, or (ii) any new file that contains
any part of Licensed Product. (See Section 2)
Notice: The notice contained in Exhibit A. (See Section 4(e))
Source Code: The preferred form for making modifications to the Licensed Product, including all modules contained therein, plus any associated interface definition files, scripts used to control compilation and installation of an executable program, or a list of differential comparisons against the Source Code of the Licensed Product. (See
Source Code: The preferred form for making modifications to the Licensed Product,
including all modules contained therein, plus any associated interface definition
files, scripts used to control compilation and installation of an executable
program, or a list of differential comparisons against the Source Code of
the Licensed Product. (See
Section 1(a))
You: This term is defined in Section 14 of this License. EXHIBIT A
The Notice below must appear in each file of the Source Code of any copy you distribute of the Licensed Product or any hereto. Contributors to any Modifications may add their own copyright notices to identify their own contributions.
The Notice below must appear in each file of the Source Code of any copy you
distribute of the Licensed Product or any hereto. Contributors to any Modifications
may add their own copyright notices to identify their own contributions.
License:
The contents of this file are subject to the BitTorrent Open Source License Version 1.0 (the License). You may not copy or use this file, in either source code or executable form, except in compliance with the License. You may obtain a copy of the License at http://www.bittorrent.com/license/.
Software distributed under the License is distributed on an AS IS basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
The contents of this file are subject to the BitTorrent Open Source License
Version 1.0 (the License). You may not copy or use this file, in either source
code or executable form, except in compliance with the License. You may obtain
a copy of the License at http://www.bittorrent.com/license/.
Software distributed under the License is distributed on an AS IS basis, WITHOUT
WARRANTY OF ANY KIND, either express or implied. See the License for the specific
language governing rights and limitations under the License.

View File

@ -1,72 +1,465 @@
BitTorrent Open Source License
Version 1.1
This BitTorrent Open Source License (the "License") applies to the BitTorrent client and related software products as well as any updates or maintenance releases of that software ("BitTorrent Products") that are distributed by BitTorrent, Inc. ("Licensor"). Any BitTorrent Product licensed pursuant to this License is a Licensed Product. Licensed Product, in its entirety, is protected by U.S. copyright law. This License identifies the terms under which you may use, copy, distribute or modify Licensed Product.
This BitTorrent Open Source License (the "License") applies to the BitTorrent
client and related software products as well as any updates or maintenance
releases of that software ("BitTorrent Products") that are distributed by
BitTorrent, Inc. ("Licensor"). Any BitTorrent Product licensed pursuant to
this License is a Licensed Product. Licensed Product, in its entirety, is
protected by U.S. copyright law. This License identifies the terms under which
you may use, copy, distribute or modify Licensed Product.
Preamble
This Preamble is intended to describe, in plain English, the nature and scope of this License. However, this Preamble is not a part of this license. The legal effect of this License is dependent only upon the terms of the License and not this Preamble.
This License complies with the Open Source Definition and is derived from the Jabber Open Source License 1.0 (the "JOSL"), which has been approved by Open Source Initiative. Sections 4(c) and 4(f)(iii) from the JOSL have been deleted.
This Preamble is intended to describe, in plain English, the nature and scope
of this License. However, this Preamble is not a part of this license. The
legal effect of this License is dependent only upon the terms of the License
and not this Preamble.
This License complies with the Open Source Definition and is derived from
the Jabber Open Source License 1.0 (the "JOSL"), which has been approved by
Open Source Initiative. Sections 4(c) and 4(f)(iii) from the JOSL have been
deleted.
This License provides that:
1. You may use or give away the Licensed Product, alone or as a component of an aggregate software distribution containing programs from several different sources. No royalty or other fee is required.
2. Both Source Code and executable versions of the Licensed Product, including Modifications made by previous Contributors, are available for your use. (The terms "Licensed Product," "Modifications," "Contributors" and "Source Code" are defined in the License.)
3. You are allowed to make Modifications to the Licensed Product, and you can create Derivative Works from it. (The term "Derivative Works" is defined in the License.)
4. By accepting the Licensed Product under the provisions of this License, you agree that any Modifications you make to the Licensed Product and then distribute are governed by the provisions of this License. In particular, you must make the Source Code of your Modifications available to others free of charge and without a royalty.
5. You may sell, accept donations or otherwise receive compensation for executable versions of a Licensed Product, without paying a royalty or other fee to the Licensor or any Contributor, provided that such executable versions contain your or another Contributor's material Modifications. For the avoidance of doubt, to the extent your executable version of a Licensed Product does not contain your or another Contributor's material Modifications, you may not sell, accept donations or otherwise receive compensation for such executable.
You may use the Licensed Product for any purpose, but the Licensor is not providing you any warranty whatsoever, nor is the Licensor accepting any liability in the event that the Licensed Product doesn't work properly or causes you any injury or damages.
6. If you sublicense the Licensed Product or Derivative Works, you may charge fees for warranty or support, or for accepting indemnity or liability obligations to your customers. You cannot charge for, sell, accept donations or otherwise receive compensation for the Source Code.
7. If you assert any patent claims against the Licensor relating to the Licensed Product, or if you breach any terms of the License, your rights to the Licensed Product under this License automatically terminate.
You may use this License to distribute your own Derivative Works, in which case the provisions of this License will apply to your Derivative Works just as they do to the original Licensed Product.
Alternatively, you may distribute your Derivative Works under any other OSI-approved Open Source license, or under a proprietary license of your choice. If you use any license other than this License, however, you must continue to fulfill the requirements of this License (including the provisions relating to publishing the Source Code) for those portions of your Derivative Works that consist of the Licensed Product, including the files containing
1. You may use or give away the Licensed Product, alone or as a component
of an aggregate software distribution containing programs from several different
sources. No royalty or other fee is required.
2. Both Source Code and executable versions of the Licensed Product, including
Modifications made by previous Contributors, are available for your use. (The
terms "Licensed Product," "Modifications," "Contributors" and "Source Code"
are defined in the License.)
3. You are allowed to make Modifications to the Licensed Product, and you
can create Derivative Works from it. (The term "Derivative Works" is defined
in the License.)
4. By accepting the Licensed Product under the provisions of this License,
you agree that any Modifications you make to the Licensed Product and then
distribute are governed by the provisions of this License. In particular,
you must make the Source Code of your Modifications available to others free
of charge and without a royalty.
5. You may sell, accept donations or otherwise receive compensation for executable
versions of a Licensed Product, without paying a royalty or other fee to the
Licensor or any Contributor, provided that such executable versions contain
your or another Contributor's material Modifications. For the avoidance of
doubt, to the extent your executable version of a Licensed Product does not
contain your or another Contributor's material Modifications, you may not
sell, accept donations or otherwise receive compensation for such executable.
You may use the Licensed Product for any purpose, but the Licensor is not
providing you any warranty whatsoever, nor is the Licensor accepting any liability
in the event that the Licensed Product doesn't work properly or causes you
any injury or damages.
6. If you sublicense the Licensed Product or Derivative Works, you may charge
fees for warranty or support, or for accepting indemnity or liability obligations
to your customers. You cannot charge for, sell, accept donations or otherwise
receive compensation for the Source Code.
7. If you assert any patent claims against the Licensor relating to the Licensed
Product, or if you breach any terms of the License, your rights to the Licensed
Product under this License automatically terminate.
You may use this License to distribute your own Derivative Works, in which
case the provisions of this License will apply to your Derivative Works just
as they do to the original Licensed Product.
Alternatively, you may distribute your Derivative Works under any other OSI-approved
Open Source license, or under a proprietary license of your choice. If you
use any license other than this License, however, you must continue to fulfill
the requirements of this License (including the provisions relating to publishing
the Source Code) for those portions of your Derivative Works that consist
of the Licensed Product, including the files containing
Modifications.
New versions of this License may be published from time to time in connection with new versions of a Licensed Product or otherwise. You may choose to continue to use the license terms in this version of the License for the Licensed Product that was originally licensed hereunder, however, the new versions of this License will at all times apply to new versions of the Licensed Product released by Licensor after the release of the new version of this License. Only the Licensor has the right to change the License terms as they apply to the Licensed Product.
This License relies on precise definitions for certain terms. Those terms are defined when they are first used, and the definitions are repeated for your convenience in a Glossary at the end of the License.
New versions of this License may be published from time to time in connection
with new versions of a Licensed Product or otherwise. You may choose to continue
to use the license terms in this version of the License for the Licensed Product
that was originally licensed hereunder, however, the new versions of this
License will at all times apply to new versions of the Licensed Product released
by Licensor after the release of the new version of this License. Only the
Licensor has the right to change the License terms as they apply to the Licensed
Product.
This License relies on precise definitions for certain terms. Those terms
are defined when they are first used, and the definitions are repeated for
your convenience in a Glossary at the end of the License.
License Terms
1. Grant of License From Licensor. Subject to the terms and conditions of this License, Licensor hereby grants you a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to do the following:
a. Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by a Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as part of Derivative Works.
b. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof or Derivative Works thereof.
2. Grant of License to Modifications From Contributor. "Modifications" means any additions to or deletions from the substance or structure of (i) a file containing a Licensed Product, or (ii) any new file that contains any part of a Licensed Product. Hereinafter in this License, the term "Licensed Product" shall include all previous Modifications that you receive from any Contributor. Subject to the terms and conditions of this License, By application of the provisions in Section 4(a) below, each person or entity who created or contributed to the creation of, and distributed, a Modification (a "Contributor") hereby grants you a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to do the following:
a. Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by such Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as part of Derivative Works.
b. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof or Derivative Works thereof.
3. Exclusions From License Grant. Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor or any Contributor except as expressly stated herein. No patent license is granted separate from the Licensed Product, for code that you delete from the Licensed Product, or for combinations of the Licensed Product with other software or hardware. No right is granted to the trademarks of Licensor or any Contributor even if such marks are included in the Licensed Product. Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this License any code that Licensor otherwise would have a right to license. As an express condition for your use of the Licensed Product, you hereby agree that you will not, without the prior written consent of Licensor, use any trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor or any Contributor except as expressly stated herein. For the avoidance of doubt and without limiting the foregoing, you hereby agree that you will not use or display any trademark of Licensor or any Contributor in any domain name, directory filepath, advertisement, link or other reference to you in any manner or in any media.
1. Grant of License From Licensor. Subject to the terms and conditions of
this License, Licensor hereby grants you a world-wide, royalty-free, non-exclusive
license, subject to third party intellectual property claims, to do the following:
a. Use, reproduce, modify, display, perform, sublicense and distribute any
Modifications created by a Contributor or portions thereof, in both Source
Code or as an executable program, either on an unmodified basis or as part
of Derivative Works.
b. Under claims of patents now or hereafter owned or controlled by Contributor,
to make, use, sell, offer for sale, have made, and/or otherwise dispose of
Modifications or portions thereof, but solely to the extent that any such
claim is necessary to enable you to make, use, sell, offer for sale, have
made, and/or otherwise dispose of Modifications or portions thereof or Derivative
Works thereof.
2. Grant of License to Modifications From Contributor. "Modifications" means
any additions to or deletions from the substance or structure of (i) a file
containing a Licensed Product, or (ii) any new file that contains any part
of a Licensed Product. Hereinafter in this License, the term "Licensed Product"
shall include all previous Modifications that you receive from any Contributor.
Subject to the terms and conditions of this License, By application of the
provisions in Section 4(a) below, each person or entity who created or contributed
to the creation of, and distributed, a Modification (a "Contributor") hereby
grants you a world-wide, royalty-free, non-exclusive license, subject to third
party intellectual property claims, to do the following:
a. Use, reproduce, modify, display, perform, sublicense and distribute any
Modifications created by such Contributor or portions thereof, in both Source
Code or as an executable program, either on an unmodified basis or as part
of Derivative Works.
b. Under claims of patents now or hereafter owned or controlled by Contributor,
to make, use, sell, offer for sale, have made, and/or otherwise dispose of
Modifications or portions thereof, but solely to the extent that any such
claim is necessary to enable you to make, use, sell, offer for sale, have
made, and/or otherwise dispose of Modifications or portions thereof or Derivative
Works thereof.
3. Exclusions From License Grant. Nothing in this License shall be deemed
to grant any rights to trademarks, copyrights, patents, trade secrets or any
other intellectual property of Licensor or any Contributor except as expressly
stated herein. No patent license is granted separate from the Licensed Product,
for code that you delete from the Licensed Product, or for combinations of
the Licensed Product with other software or hardware. No right is granted
to the trademarks of Licensor or any Contributor even if such marks are included
in the Licensed Product. Nothing in this License shall be interpreted to prohibit
Licensor from licensing under different terms from this License any code that
Licensor otherwise would have a right to license. As an express condition
for your use of the Licensed Product, you hereby agree that you will not,
without the prior written consent of Licensor, use any trademarks, copyrights,
patents, trade secrets or any other intellectual property of Licensor or any
Contributor except as expressly stated herein. For the avoidance of doubt
and without limiting the foregoing, you hereby agree that you will not use
or display any trademark of Licensor or any Contributor in any domain name,
directory filepath, advertisement, link or other reference to you in any manner
or in any media.
4. Your Obligations Regarding Distribution.
a. Application of This License to Your Modifications. As an express condition for your use of the Licensed Product, you hereby agree that any Modifications that you create or to which you contribute, and which you distribute, are governed by the terms of this License including, without limitation, Section 2. Any Modifications that you create or to which you contribute may be distributed only under the terms of this License or a future version of this License released under Section 7. You must include a copy of this License with every copy of the Modifications you distribute. You agree not to offer or impose any terms on any Source Code or executable version of the Licensed Product or Modifications that alter or restrict the applicable version of this License or the recipients' rights hereunder. However, you may include an additional document offering the additional rights described in Section 4(d).
b. Availability of Source Code. You must make available, without charge, under the terms of this License, the Source Code of the Licensed Product and any Modifications that you distribute, either on the same media as you distribute any executable or other form of the Licensed Product, or via a mechanism generally accepted in the software development community for the electronic transfer of data (an "Electronic Distribution Mechanism"). The Source Code for any version of Licensed Product or Modifications that you distribute must remain available for as long as any executable or other form of the Licensed Product is distributed by you. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
a. Application of This License to Your Modifications. As an express condition
for your use of the Licensed Product, you hereby agree that any Modifications
that you create or to which you contribute, and which you distribute, are
governed by the terms of this License including, without limitation, Section
2. Any Modifications that you create or to which you contribute may be distributed
only under the terms of this License or a future version of this License released
under Section 7. You must include a copy of this License with every copy of
the Modifications you distribute. You agree not to offer or impose any terms
on any Source Code or executable version of the Licensed Product or Modifications
that alter or restrict the applicable version of this License or the recipients'
rights hereunder. However, you may include an additional document offering
the additional rights described in Section 4(d).
b. Availability of Source Code. You must make available, without charge, under
the terms of this License, the Source Code of the Licensed Product and any
Modifications that you distribute, either on the same media as you distribute
any executable or other form of the Licensed Product, or via a mechanism generally
accepted in the software development community for the electronic transfer
of data (an "Electronic Distribution Mechanism"). The Source Code for any
version of Licensed Product or Modifications that you distribute must remain
available for as long as any executable or other form of the Licensed Product
is distributed by you. You are responsible for ensuring that the Source Code
version remains available even if the Electronic Distribution Mechanism is
maintained by a third party.
c. Intellectual Property Matters.
i. Third Party Claims. If you have knowledge that a license to a third party's intellectual property right is required to exercise the rights granted by this License, you must include a text file with the Source Code distribution titled "LEGAL" that describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after you make any Modifications available as described in Section 4(b), you shall promptly modify the LEGAL file in all copies you make available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Licensed Product from you that new knowledge has been obtained.
ii. Contributor APIs. If your Modifications include an application programming interface ("API") and you have knowledge of patent licenses that are reasonably necessary to implement that API, you must also include this information in the LEGAL file.
iii. Representations. You represent that, except as disclosed pursuant to 4(c)(i) above, you believe that any Modifications you distribute are your original creations and that you have sufficient rights to grant the rights conveyed by this License.
d. Required Notices. You must duplicate this License in any documentation you provide along with the Source Code of any Modifications you create or to which you contribute, and which you distribute, wherever you describe recipients' rights relating to Licensed Product. You must duplicate the notice contained in Exhibit A (the "Notice") in each file of the Source Code of any copy you distribute of the Licensed Product. If you created a Modification, you may add your name as a Contributor to the Notice. If it is not possible to put the Notice in a particular Source Code file due to its structure, then you must include such Notice in a location (such as a relevant directory file) where a user would be likely to look for such a notice. You may choose to offer, and charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Licensed Product. However, you may do so only on your own behalf, and not on behalf of the Licensor or any Contributor. You must make it clear that any such warranty, support, indemnity or liability obligation is offered by you alone, and you hereby agree to indemnify the Licensor and every Contributor for any liability incurred by the Licensor or such Contributor as a result of warranty, support, indemnity or liability terms you offer.
e. Distribution of Executable Versions. You may distribute Licensed Product as an executable program under a license of your choice that may contain terms different from this License provided (i) you have satisfied the requirements of Sections 4(a) through 4(d) for that distribution, (ii) you include a conspicuous notice in the executable version, related documentation and collateral materials stating that the Source Code version of the Licensed Product is available under the terms of this License, including a description of how and where you have fulfilled the obligations of Section 4(b), and (iii) you make it clear that any terms that differ from this License are offered by you alone, not by Licensor or any Contributor. You hereby agree to indemnify the Licensor and every Contributor for any liability incurred by Licensor or such Contributor as a result of any terms you offer.
f. Distribution of Derivative Works. You may create Derivative Works (e.g., combinations of some or all of the Licensed Product with other code) and distribute the Derivative Works as products under any other license you select, with the proviso that the requirements of this License are fulfilled for those portions of the Derivative Works that consist of the Licensed Product or any Modifications thereto.
g. Compensation for Distribution of Executable Versions of Licensed Products, Modifications or Derivative Works. Notwithstanding any provision of this License to the contrary, by distributing, selling, licensing, sublicensing or otherwise making available any Licensed Product, or Modification or Derivative Work thereof, you and Licensor hereby acknowledge and agree that you may sell, license or sublicense for a fee, accept donations or otherwise receive compensation for executable versions of a Licensed Product, without paying a royalty or other fee to the Licensor or any other Contributor, provided that such executable versions (i) contain your or another Contributor's material Modifications, or (ii) are otherwise material Derivative Works. For purposes of this License, an executable version of the Licensed Product will be deemed to contain a material Modification, or will otherwise be deemed a material Derivative Work, if (a) the Licensed Product is modified with your own or a third party's software programs or other code, and/or the Licensed Product is combined with a number of your own or a third party's software programs or code, respectively, and (b) such software programs or code add or contribute material value, functionality or features to the License Product. For the avoidance of doubt, to the extent your executable version of a Licensed Product does not contain your or another Contributor's material Modifications or is otherwise not a material Derivative Work, in each case as contemplated herein, you may not sell, license or sublicense for a fee, accept donations or otherwise receive compensation for such executable. Additionally, without limitation of the foregoing and notwithstanding any provision of this License to the contrary, you cannot charge for, sell, license or sublicense for a fee, accept donations or otherwise receive compensation for the Source Code.
5. Inability to Comply Due to Statute or Regulation. If it is impossible for you to comply with any of the terms of this License with respect to some or all of the Licensed Product due to statute, judicial order, or regulation, then you must (i) comply with the terms of this License to the maximum extent possible, (ii) cite the statute or regulation that prohibits you from adhering to the License, and (iii) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 4(d), and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill at computer programming to be able to understand it.
6. Application of This License. This License applies to code to which Licensor or Contributor has attached the Notice in Exhibit A, which is incorporated herein by this reference.
i. Third Party Claims. If you have knowledge that a license to a third party's
intellectual property right is required to exercise the rights granted by
this License, you must include a text file with the Source Code distribution
titled "LEGAL" that describes the claim and the party making the claim in
sufficient detail that a recipient will know whom to contact. If you obtain
such knowledge after you make any Modifications available as described in
Section 4(b), you shall promptly modify the LEGAL file in all copies you make
available thereafter and shall take other steps (such as notifying appropriate
mailing lists or newsgroups) reasonably calculated to inform those who received
the Licensed Product from you that new knowledge has been obtained.
ii. Contributor APIs. If your Modifications include an application programming
interface ("API") and you have knowledge of patent licenses that are reasonably
necessary to implement that API, you must also include this information in
the LEGAL file.
iii. Representations. You represent that, except as disclosed pursuant to
4(c)(i) above, you believe that any Modifications you distribute are your
original creations and that you have sufficient rights to grant the rights
conveyed by this License.
d. Required Notices. You must duplicate this License in any documentation
you provide along with the Source Code of any Modifications you create or
to which you contribute, and which you distribute, wherever you describe recipients'
rights relating to Licensed Product. You must duplicate the notice contained
in Exhibit A (the "Notice") in each file of the Source Code of any copy you
distribute of the Licensed Product. If you created a Modification, you may
add your name as a Contributor to the Notice. If it is not possible to put
the Notice in a particular Source Code file due to its structure, then you
must include such Notice in a location (such as a relevant directory file)
where a user would be likely to look for such a notice. You may choose to
offer, and charge a fee for, warranty, support, indemnity or liability obligations
to one or more recipients of Licensed Product. However, you may do so only
on your own behalf, and not on behalf of the Licensor or any Contributor.
You must make it clear that any such warranty, support, indemnity or liability
obligation is offered by you alone, and you hereby agree to indemnify the
Licensor and every Contributor for any liability incurred by the Licensor
or such Contributor as a result of warranty, support, indemnity or liability
terms you offer.
e. Distribution of Executable Versions. You may distribute Licensed Product
as an executable program under a license of your choice that may contain terms
different from this License provided (i) you have satisfied the requirements
of Sections 4(a) through 4(d) for that distribution, (ii) you include a conspicuous
notice in the executable version, related documentation and collateral materials
stating that the Source Code version of the Licensed Product is available
under the terms of this License, including a description of how and where
you have fulfilled the obligations of Section 4(b), and (iii) you make it
clear that any terms that differ from this License are offered by you alone,
not by Licensor or any Contributor. You hereby agree to indemnify the Licensor
and every Contributor for any liability incurred by Licensor or such Contributor
as a result of any terms you offer.
f. Distribution of Derivative Works. You may create Derivative Works (e.g.,
combinations of some or all of the Licensed Product with other code) and distribute
the Derivative Works as products under any other license you select, with
the proviso that the requirements of this License are fulfilled for those
portions of the Derivative Works that consist of the Licensed Product or any
Modifications thereto.
g. Compensation for Distribution of Executable Versions of Licensed Products,
Modifications or Derivative Works. Notwithstanding any provision of this License
to the contrary, by distributing, selling, licensing, sublicensing or otherwise
making available any Licensed Product, or Modification or Derivative Work
thereof, you and Licensor hereby acknowledge and agree that you may sell,
license or sublicense for a fee, accept donations or otherwise receive compensation
for executable versions of a Licensed Product, without paying a royalty or
other fee to the Licensor or any other Contributor, provided that such executable
versions (i) contain your or another Contributor's material Modifications,
or (ii) are otherwise material Derivative Works. For purposes of this License,
an executable version of the Licensed Product will be deemed to contain a
material Modification, or will otherwise be deemed a material Derivative Work,
if (a) the Licensed Product is modified with your own or a third party's software
programs or other code, and/or the Licensed Product is combined with a number
of your own or a third party's software programs or code, respectively, and
(b) such software programs or code add or contribute material value, functionality
or features to the License Product. For the avoidance of doubt, to the extent
your executable version of a Licensed Product does not contain your or another
Contributor's material Modifications or is otherwise not a material Derivative
Work, in each case as contemplated herein, you may not sell, license or sublicense
for a fee, accept donations or otherwise receive compensation for such executable.
Additionally, without limitation of the foregoing and notwithstanding any
provision of this License to the contrary, you cannot charge for, sell, license
or sublicense for a fee, accept donations or otherwise receive compensation
for the Source Code.
5. Inability to Comply Due to Statute or Regulation. If it is impossible for
you to comply with any of the terms of this License with respect to some or
all of the Licensed Product due to statute, judicial order, or regulation,
then you must (i) comply with the terms of this License to the maximum extent
possible, (ii) cite the statute or regulation that prohibits you from adhering
to the License, and (iii) describe the limitations and the code they affect.
Such description must be included in the LEGAL file described in Section 4(d),
and must be included with all distributions of the Source Code. Except to
the extent prohibited by statute or regulation, such description must be sufficiently
detailed for a recipient of ordinary skill at computer programming to be able
to understand it.
6. Application of This License. This License applies to code to which Licensor
or Contributor has attached the Notice in Exhibit A, which is incorporated
herein by this reference.
7. Versions of This License.
a. New Versions. Licensor may publish from time to time revised and/or new versions of the License.
b. Effect of New Versions. Once Licensed Product has been published under a particular version of the License, you may always continue to use it under the terms of that version, provided that any such license be in full force and effect at the time, and has not been revoked or otherwise terminated. You may also choose to use such Licensed Product under the terms of any subsequent version (but not any prior version) of the License published by Licensor. No one other than Licensor has the right to modify the terms applicable to Licensed Product created under this License.
c. Derivative Works of this License. If you create or use a modified version of this License, which you may do only in order to apply it to software that is not already a Licensed Product under this License, you must rename your license so that it is not confusingly similar to this License, and must make it clear that your license contains terms that differ from this License. In so naming your license, you may not use any trademark of Licensor or any Contributor.
8. Disclaimer of Warranty. LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
a. New Versions. Licensor may publish from time to time revised and/or new
versions of the License.
b. Effect of New Versions. Once Licensed Product has been published under
a particular version of the License, you may always continue to use it under
the terms of that version, provided that any such license be in full force
and effect at the time, and has not been revoked or otherwise terminated.
You may also choose to use such Licensed Product under the terms of any subsequent
version (but not any prior version) of the License published by Licensor.
No one other than Licensor has the right to modify the terms applicable to
Licensed Product created under this License.
c. Derivative Works of this License. If you create or use a modified version
of this License, which you may do only in order to apply it to software that
is not already a Licensed Product under this License, you must rename your
license so that it is not confusingly similar to this License, and must make
it clear that your license contains terms that differ from this License. In
so naming your license, you may not use any trademark of Licensor or any Contributor.
8. Disclaimer of Warranty. LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE
ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED PRODUCT IS FREE
OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT
IS WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU (AND
NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED PRODUCT IS AUTHORIZED HEREUNDER
EXCEPT UNDER THIS DISCLAIMER.
9. Termination.
a. Automatic Termination Upon Breach. This license and the rights granted hereunder will terminate automatically if you fail to comply with the terms herein and fail to cure such breach within ten (10) days of being notified of the breach by the Licensor. For purposes of this provision, proof of delivery via email to the address listed in the 'WHOIS' database of the registrar for any website through which you distribute or market any Licensed Product, or to any alternate email address which you designate in writing to the Licensor, shall constitute sufficient notification. All sublicenses to the Licensed Product that are properly granted shall survive any termination of this license so long as they continue to complye with the terms of this License. Provisions that, by their nature, must remain in effect beyond the termination of this License, shall survive.
b. Termination Upon Assertion of Patent Infringement. If you initiate litigation by asserting a patent infringement claim (excluding declaratory judgment actions) against Licensor or a Contributor (Licensor or Contributor against whom you file such an action is referred to herein as Respondent) alleging that Licensed Product directly or indirectly infringes any patent, then any and all rights granted by such Respondent to you under Sections 1 or 2 of this License shall terminate prospectively upon sixty (60) days notice from Respondent (the "Notice Period") unless within that Notice Period you either agree in writing (i) to pay Respondent a mutually agreeable reasonably royalty for your past or future use of Licensed Product made by such Respondent, or (ii) withdraw your litigation claim with respect to Licensed Product against such Respondent. If within said Notice Period a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Licensor to you under Sections 1 and 2 automatically terminate at the expiration of said Notice Period.
c. Reasonable Value of This License. If you assert a patent infringement claim against Respondent alleging that Licensed Product directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by said Respondent under Sections 1 and 2 shall be taken into account in determining the amount or value of any payment or license.
d. No Retroactive Effect of Termination. In the event of termination under Sections 9(a) or 9(b) above, all end user license agreements (excluding licenses to distributors and resellers) that have been validly granted by you or any distributor hereunder prior to termination shall survive termination.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
11. Responsibility for Claims. As between Licensor and Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License. You agree to work with Licensor and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
12. U.S. Government End Users. The Licensed Product is a commercial item, as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of commercial computer software and commercial computer software documentation, as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Licensed Product with only those rights set forth herein.
13. Miscellaneous. This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. You expressly agree that in any litigation relating to this license the losing party shall be responsible for costs including, without limitation, court costs and reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this License.
14. Definition of You in This License. You throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 7. For legal entities, you includes any entity that controls, is controlled by, is under common control with, or affiliated with, you. For purposes of this definition, control means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. You are responsible for advising any affiliated entity of the terms of this License, and that any rights or privileges derived from or obtained by way of this License are subject to the restrictions outlined herein.
15. Glossary. All defined terms in this License that are used in more than one Section of this License are repeated here, in alphabetical order, for the convenience of the reader. The Section of this License in which each defined term is first used is shown in parentheses.
Contributor: Each person or entity who created or contributed to the creation of, and distributed, a Modification. (See Section 2)
Derivative Works: That term as used in this License is defined under U.S. copyright law. (See Section 1(b))
a. Automatic Termination Upon Breach. This license and the rights granted
hereunder will terminate automatically if you fail to comply with the terms
herein and fail to cure such breach within ten (10) days of being notified
of the breach by the Licensor. For purposes of this provision, proof of delivery
via email to the address listed in the 'WHOIS' database of the registrar for
any website through which you distribute or market any Licensed Product, or
to any alternate email address which you designate in writing to the Licensor,
shall constitute sufficient notification. All sublicenses to the Licensed
Product that are properly granted shall survive any termination of this license
so long as they continue to complye with the terms of this License. Provisions
that, by their nature, must remain in effect beyond the termination of this
License, shall survive.
b. Termination Upon Assertion of Patent Infringement. If you initiate litigation
by asserting a patent infringement claim (excluding declaratory judgment actions)
against Licensor or a Contributor (Licensor or Contributor against whom you
file such an action is referred to herein as Respondent) alleging that Licensed
Product directly or indirectly infringes any patent, then any and all rights
granted by such Respondent to you under Sections 1 or 2 of this License shall
terminate prospectively upon sixty (60) days notice from Respondent (the "Notice
Period") unless within that Notice Period you either agree in writing (i)
to pay Respondent a mutually agreeable reasonably royalty for your past or
future use of Licensed Product made by such Respondent, or (ii) withdraw your
litigation claim with respect to Licensed Product against such Respondent.
If within said Notice Period a reasonable royalty and payment arrangement
are not mutually agreed upon in writing by the parties or the litigation claim
is not withdrawn, the rights granted by Licensor to you under Sections 1 and
2 automatically terminate at the expiration of said Notice Period.
c. Reasonable Value of This License. If you assert a patent infringement claim
against Respondent alleging that Licensed Product directly or indirectly infringes
any patent where such claim is resolved (such as by license or settlement)
prior to the initiation of patent infringement litigation, then the reasonable
value of the licenses granted by said Respondent under Sections 1 and 2 shall
be taken into account in determining the amount or value of any payment or
license.
d. No Retroactive Effect of Termination. In the event of termination under
Sections 9(a) or 9(b) above, all end user license agreements (excluding licenses
to distributors and resellers) that have been validly granted by you or any
distributor hereunder prior to termination shall survive termination.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR,
ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER OF
ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO
YOU.
11. Responsibility for Claims. As between Licensor and Contributors, each
party is responsible for claims and damages arising, directly or indirectly,
out of its utilization of rights under this License. You agree to work with
Licensor and Contributors to distribute such responsibility on an equitable
basis. Nothing herein is intended or shall be deemed to constitute any admission
of liability.
12. U.S. Government End Users. The Licensed Product is a commercial item,
as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of commercial
computer software and commercial computer software documentation, as such
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
End Users acquire Licensed Product with only those rights set forth herein.
13. Miscellaneous. This License represents the complete agreement concerning
the subject matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent necessary
to make it enforceable. This License shall be governed by California law provisions
(except to the extent applicable law, if any, provides otherwise), excluding
its conflict-of-law provisions. You expressly agree that in any litigation
relating to this license the losing party shall be responsible for costs including,
without limitation, court costs and reasonable attorneys fees and expenses.
The application of the United Nations Convention on Contracts for the International
Sale of Goods is expressly excluded. Any law or regulation that provides that
the language of a contract shall be construed against the drafter shall not
apply to this License.
14. Definition of You in This License. You throughout this License, whether
in upper or lower case, means an individual or a legal entity exercising rights
under, and complying with all of the terms of, this License or a future version
of this License issued under Section 7. For legal entities, you includes any
entity that controls, is controlled by, is under common control with, or affiliated
with, you. For purposes of this definition, control means (i) the power, direct
or indirect, to cause the direction or management of such entity, whether
by contract or otherwise, or (ii) ownership of fifty percent (50%) or more
of the outstanding shares, or (iii) beneficial ownership of such entity. You
are responsible for advising any affiliated entity of the terms of this License,
and that any rights or privileges derived from or obtained by way of this
License are subject to the restrictions outlined herein.
15. Glossary. All defined terms in this License that are used in more than
one Section of this License are repeated here, in alphabetical order, for
the convenience of the reader. The Section of this License in which each defined
term is first used is shown in parentheses.
Contributor: Each person or entity who created or contributed to the creation
of, and distributed, a Modification. (See Section 2)
Derivative Works: That term as used in this License is defined under U.S.
copyright law. (See Section 1(b))
License: This BitTorrent Open Source License. (See first paragraph of License)
Licensed Product: Any BitTorrent Product licensed pursuant to this License. The term "Licensed Product" includes all previous Modifications from any Contributor that you receive. (See first paragraph of License and Section 2)
Licensed Product: Any BitTorrent Product licensed pursuant to this License.
The term "Licensed Product" includes all previous Modifications from any Contributor
that you receive. (See first paragraph of License and Section 2)
Licensor: BitTorrent, Inc. (See first paragraph of License)
Modifications: Any additions to or deletions from the substance or structure of (i) a file containing Licensed
Product, or (ii) any new file that contains any part of Licensed Product. (See Section 2)
Modifications: Any additions to or deletions from the substance or structure
of (i) a file containing Licensed
Product, or (ii) any new file that contains any part of Licensed Product.
(See Section 2)
Notice: The notice contained in Exhibit A. (See Section 4(e))
Source Code: The preferred form for making modifications to the Licensed Product, including all modules contained therein, plus any associated interface definition files, scripts used to control compilation and installation of an executable program, or a list of differential comparisons against the Source Code of the Licensed Product. (See Section 1(a))
Source Code: The preferred form for making modifications to the Licensed Product,
including all modules contained therein, plus any associated interface definition
files, scripts used to control compilation and installation of an executable
program, or a list of differential comparisons against the Source Code of
the Licensed Product. (See Section 1(a))
You: This term is defined in Section 14 of this License. EXHIBIT A
The Notice below must appear in each file of the Source Code of any copy you distribute of the Licensed Product or any hereto. Contributors to any Modifications may add their own copyright notices to identify their own contributions.
The Notice below must appear in each file of the Source Code of any copy you
distribute of the Licensed Product or any hereto. Contributors to any Modifications
may add their own copyright notices to identify their own contributions.
License:
The contents of this file are subject to the BitTorrent Open Source License Version 1.0 (the License). You may not copy or use this file, in either source code or executable form, except in compliance with the License. You may obtain a copy of the License at http://www.bittorrent.com/license/.
Software distributed under the License is distributed on an AS IS basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
The contents of this file are subject to the BitTorrent Open Source License
Version 1.1 (the License). You may not copy or use this file, in either source
code or executable form, except in compliance with the License. You may obtain
a copy of the License at http://www.bittorrent.com/license/.
Software distributed under the License is distributed on an AS IS basis, WITHOUT
WARRANTY OF ANY KIND, either express or implied. See the License for the specific
language governing rights and limitations under the License.
BitTorrent, Inc.

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@ -1,2 +1,3 @@
Bootloader Exception
In addition to the permissions in the GNU General Public License, the authors give you unlimited permission to link or embed compiled bootloader and related files into combinations with other programs, and to distribute those combinations without any restriction coming from the use of those files. (The General Public License restrictions do apply in other respects; for example, they cover modification of the files, and distribution when not linked into a combined executable.)

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@ -1,17 +1,35 @@
Copyright 1993 Francis Borceux
You may freely use, modify, and/or distribute each of the files in this package without limitation. The package consists of the following files:
You may freely use, modify, and/or distribute each of the files in this package
without limitation. The package consists of the following files:
README
compatibility/OldDiagram
compatibility/OldMaxiDiagram
compatibility/OldMicroDiagram
compatibility/OldMiniDiagram
compatibility/OldMultipleArrows
diagram/Diagram
diagram/MaxiDiagram
diagram/MicroDiagram
diagram/MiniDiagram
diagram/MultipleArrows
user-guides/Diagram_Mode_d_Emploi
user-guides/Diagram_Read_Me
Of course no support is guaranteed, but the author will attempt to assist with problems. Current email address:
Of course no support is guaranteed, but the author will attempt to assist
with problems. Current email address:
francis dot borceux at uclouvain dot be.

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@ -1,61 +1,330 @@
Computer Associates Trusted Open Source License
Version 1.1
PLEASE READ THIS DOCUMENT CAREFULLY AND IN ITS ENTIRETY. THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMPUTER ASSOCIATES TRUSTED OPEN SOURCE LICENSE ("LICENSE"). ANY USE, REPRODUCTION, MODIFICATION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES THE RECIPIENT'S ACCEPTANCE OF THIS LICENSE.
PLEASE READ THIS DOCUMENT CAREFULLY AND IN ITS ENTIRETY. THE ACCOMPANYING
PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMPUTER ASSOCIATES TRUSTED OPEN
SOURCE LICENSE ("LICENSE"). ANY USE, REPRODUCTION, MODIFICATION OR DISTRIBUTION
OF THE PROGRAM CONSTITUTES THE RECIPIENT'S ACCEPTANCE OF THIS LICENSE.
License Background
Computer Associates International, Inc. (CA) believes in open source. We believe that the open source development approach can take appropriate software programs to unprecedented levels of quality, growth, and innovation. To demonstrate our continuing commitment to open source, we are releasing the Program (as defined below) under this License.
This License is intended to permit contributors and recipients of the Program to use the Program, including its source code, freely and without many of the concerns of some other open source licenses. Although we expect the underlying Program, and Contributions (as defined below) made to such Program, to remain open, this License is designed to permit you to maintain your own software programs free of this License unless you choose to do so. Thus, only your Contributions to the Program must be distributed under the terms of this License.
The provisions that follow set forth the terms and conditions under which you may use the Program.
Computer Associates International, Inc. (CA) believes in open source. We believe
that the open source development approach can take appropriate software programs
to unprecedented levels of quality, growth, and innovation. To demonstrate
our continuing commitment to open source, we are releasing the Program (as
defined below) under this License.
This License is intended to permit contributors and recipients of the Program
to use the Program, including its source code, freely and without many of
the concerns of some other open source licenses. Although we expect the underlying
Program, and Contributions (as defined below) made to such Program, to remain
open, this License is designed to permit you to maintain your own software
programs free of this License unless you choose to do so. Thus, only your
Contributions to the Program must be distributed under the terms of this License.
The provisions that follow set forth the terms and conditions under which
you may use the Program.
1. DEFINITIONS
1.1 Contribution means (a) in the case of CA, the Original Program; and (b) in the case of each Contributor (including CA), changes and additions to the Program, where such changes and/or additions to the Program originate from and are distributed by that particular Contributor to unaffiliated third parties. A Contribution originates from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributors behalf. Contributions do not include additions to the Program which: (x) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (y) are not derivative works of the Program.
1.2 Contributor means CA and any other person or entity that distributes the Program.
1.3 Contributor Version means as to a Contributor, that version of the Program that includes the Contributors Contribution but not any Contributions made to the Program thereafter.
1.4 Larger Work means a work that combines the Program or portions thereof with code not governed by the terms of this License.
1.5 Licensed Patents mean patents licensable by a Contributor that are infringed by the use or sale of its Contribution alone or when combined with the Program.
1.6 Original Program means the original version of the software to which this License is attached and as released by CA, including source code, object code and documentation, if any.
1.1 Contribution means (a) in the case of CA, the Original Program; and (b)
in the case of each Contributor (including CA), changes and additions to the
Program, where such changes and/or additions to the Program originate from
and are distributed by that particular Contributor to unaffiliated third parties.
A Contribution originates from a Contributor if it was added to the Program
by such Contributor itself or anyone acting on such Contributors behalf. Contributions
do not include additions to the Program which: (x) are separate modules of
software distributed in conjunction with the Program under their own license
agreement, and (y) are not derivative works of the Program.
1.2 Contributor means CA and any other person or entity that distributes the
Program.
1.3 Contributor Version means as to a Contributor, that version of the Program
that includes the Contributors Contribution but not any Contributions made
to the Program thereafter.
1.4 Larger Work means a work that combines the Program or portions thereof
with code not governed by the terms of this License.
1.5 Licensed Patents mean patents licensable by a Contributor that are infringed
by the use or sale of its Contribution alone or when combined with the Program.
1.6 Original Program means the original version of the software to which this
License is attached and as released by CA, including source code, object code
and documentation, if any.
1.7 Program means the Original Program and Contributions.
1.8 Recipient means anyone who modifies, copies, uses or distributes the Program.
2. GRANT OF RIGHTS
2.1 Subject to the terms of this License, each Contributor hereby grants Recipient an irrevocable, non-exclusive, worldwide, royalty-free license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form. For the avoidance of doubt, the license provided in this Section 2.1 shall not include a license to any Licensed Patents of a Contributor.
2.2 Subject to the terms of this License, each Contributor hereby grants Recipient an irrevocable, non-exclusive, worldwide, royalty-free license to the Licensed Patents to the extent necessary to make, use, sell, offer to sell and import the Contribution of such Contributor, if any, in source code and object code form. The license granted in this Section 2.2 shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes the Licensed Patents to be infringed by such combination. Notwithstanding the foregoing, no license is granted under this Section 2.2: (a) for any code or works that do not include the Contributor Version, as it exists and is used in accordance with the terms hereof; (b) for infringements caused by: (i) third party modifications of the Contributor Version; or (ii) the combination of Contributions made by each such Contributor with other software (except as part of the Contributor Version) or other devices; or (c) with respect to Licensed Patents infringed by the Program in the absence of Contributions made by that Contributor.
2.3 Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, except as provided in Section 2.4, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other person or entity. Each Contributor disclaims any liability to Recipient for claims brought by any other person or entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any.
2.4 Each Contributor represents and warrants that it has all right, title and interest in the copyrights in its Contributions, and has the right to grant the copyright licenses set forth in this License.
2.1 Subject to the terms of this License, each Contributor hereby grants Recipient
an irrevocable, non-exclusive, worldwide, royalty-free license to reproduce,
prepare derivative works of, publicly display, publicly perform, distribute
and sublicense the Contribution of such Contributor, if any, and such derivative
works, in source code and object code form. For the avoidance of doubt, the
license provided in this Section 2.1 shall not include a license to any Licensed
Patents of a Contributor.
2.2 Subject to the terms of this License, each Contributor hereby grants Recipient
an irrevocable, non-exclusive, worldwide, royalty-free license to the Licensed
Patents to the extent necessary to make, use, sell, offer to sell and import
the Contribution of such Contributor, if any, in source code and object code
form. The license granted in this Section 2.2 shall apply to the combination
of the Contribution and the Program if, at the time the Contribution is added
by the Contributor, such addition of the Contribution causes the Licensed
Patents to be infringed by such combination. Notwithstanding the foregoing,
no license is granted under this Section 2.2: (a) for any code or works that
do not include the Contributor Version, as it exists and is used in accordance
with the terms hereof; (b) for infringements caused by: (i) third party modifications
of the Contributor Version; or (ii) the combination of Contributions made
by each such Contributor with other software (except as part of the Contributor
Version) or other devices; or (c) with respect to Licensed Patents infringed
by the Program in the absence of Contributions made by that Contributor.
2.3 Recipient understands that although each Contributor grants the licenses
to its Contributions set forth herein, except as provided in Section 2.4,
no assurances are provided by any Contributor that the Program does not infringe
the patent or other intellectual property rights of any other person or entity.
Each Contributor disclaims any liability to Recipient for claims brought by
any other person or entity based on infringement of intellectual property
rights or otherwise. As a condition to exercising the rights and licenses
granted hereunder, each Recipient hereby assumes sole responsibility to secure
any other intellectual property rights needed, if any.
2.4 Each Contributor represents and warrants that it has all right, title
and interest in the copyrights in its Contributions, and has the right to
grant the copyright licenses set forth in this License.
3. DISTRIBUTION REQUIREMENTS
3.1 If the Program is distributed in object code form, then a prominent notice must be included in the code itself as well as in any related documentation, stating that the source code for the Program is available from the Contributor with information on how and where to obtain the source code. A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
3.1 If the Program is distributed in object code form, then a prominent notice
must be included in the code itself as well as in any related documentation,
stating that the source code for the Program is available from the Contributor
with information on how and where to obtain the source code. A Contributor
may choose to distribute the Program in object code form under its own license
agreement, provided that:
* it complies with the terms and conditions of this License; and
* its license agreement:
* effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose, to the maximum extent permitted by applicable law;
* effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits, to the maximum extent permitted by applicable law;
* states that any provisions which are inconsistent with this License are offered by that Contributor alone and not by any other party; and
* states that source code for the Program is available from such Contributor at the cost of distribution, and informs licensees how to obtain it in a reasonable manner.
* effectively disclaims on behalf of all Contributors all warranties and conditions,
express and implied, including warranties or conditions of title and non-infringement,
and implied warranties or conditions of merchantability and fitness for a
particular purpose, to the maximum extent permitted by applicable law;
* effectively excludes on behalf of all Contributors all liability for damages,
including direct, indirect, special, incidental and consequential damages,
such as lost profits, to the maximum extent permitted by applicable law;
* states that any provisions which are inconsistent with this License are
offered by that Contributor alone and not by any other party; and
* states that source code for the Program is available from such Contributor
at the cost of distribution, and informs licensees how to obtain it in a reasonable
manner.
3.2 When the Program is made available in source code form:
* it must be made available under this License; and
* a copy of this License must be included with each copy of the Program.
3.3 This License is intended to facilitate the commercial distribution of the Program by any Contributor. However, Contributors may only charge Recipients a one-time, upfront fee for the distribution of the Program. Contributors may not charge Recipients any recurring charge, license fee, or any ongoing royalty for the Recipients exercise of its rights under this License to the Program. Contributors shall make the source code for the Contributor Version they distribute available at a cost, if any, equal to the cost to the Contributor to physically copy and distribute the work. It is not the intent of this License to prohibit a Contributor from charging fees for any service or maintenance that a Contributor may charge to a Recipient, so long as such fees are not an attempt to circumvent the foregoing restrictions on charging royalties or other recurring fees for the Program itself.
3.4 A Contributor may create a Larger Work by combining the Program with other software code not governed by the terms of this License, and distribute the Larger Work as a single product. In such a case, the Contributor must make sure that the requirements of this License are fulfilled for the Program. Any Contributor who includes the Program in a commercial product offering, including as part of a Larger Work, may subject itself, but not any other Contributor, to additional contractual commitments, including, but not limited to, performance warranties and non-infringement representations on suchContributors behalf. No Contributor may create any additional liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor (Commercial Contributor) hereby agrees to defend and indemnify every other Contributor (Indemnified Contributor) who made Contributions to the Program distributed by the Commercial Contributor against any losses, damages and costs (collectively Losses) arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions, including any additional contractual commitments, of such Commercial Contributor in connection with its distribution of the Program. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement.
3.5 If Contributor has knowledge that a license under a third partys intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must (a) include a text file with the Program source code distribution titled ../IP_ISSUES, and (b) notify CA in writing at Computer Associates International, Inc., One Computer Associates Plaza, Islandia, New York 11749, Attn: Open Source Group or by email at opensource@ca.com, both describing the claim and the party making the claim in sufficient detail that a Recipient and CA will know whom to contact with regard to such matter. If Contributor obtains such knowledge after the Contribution is made available, Contributor shall also promptly modify the IP_ISSUES file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Program that such new knowledge has been obtained.
3.6 Recipient shall not remove, obscure, or modify any CA or other Contributor copyright or patent proprietary notices appearing in the Program, whether in the source code, object code or in any documentation. In addition to the obligations set forth in Section 4, each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.
3.3 This License is intended to facilitate the commercial distribution of
the Program by any Contributor. However, Contributors may only charge Recipients
a one-time, upfront fee for the distribution of the Program. Contributors
may not charge Recipients any recurring charge, license fee, or any ongoing
royalty for the Recipients exercise of its rights under this License to the
Program. Contributors shall make the source code for the Contributor Version
they distribute available at a cost, if any, equal to the cost to the Contributor
to physically copy and distribute the work. It is not the intent of this License
to prohibit a Contributor from charging fees for any service or maintenance
that a Contributor may charge to a Recipient, so long as such fees are not
an attempt to circumvent the foregoing restrictions on charging royalties
or other recurring fees for the Program itself.
3.4 A Contributor may create a Larger Work by combining the Program with other
software code not governed by the terms of this License, and distribute the
Larger Work as a single product. In such a case, the Contributor must make
sure that the requirements of this License are fulfilled for the Program.
Any Contributor who includes the Program in a commercial product offering,
including as part of a Larger Work, may subject itself, but not any other
Contributor, to additional contractual commitments, including, but not limited
to, performance warranties and non-infringement representations on suchContributors
behalf. No Contributor may create any additional liability for other Contributors.
Therefore, if a Contributor includes the Program in a commercial product offering,
such Contributor (Commercial Contributor) hereby agrees to defend and indemnify
every other Contributor (Indemnified Contributor) who made Contributions to
the Program distributed by the Commercial Contributor against any losses,
damages and costs (collectively Losses) arising from claims, lawsuits and
other legal actions brought by a third party against the Indemnified Contributor
to the extent caused by the acts or omissions, including any additional contractual
commitments, of such Commercial Contributor in connection with its distribution
of the Program. The obligations in this section do not apply to any claims
or Losses relating to any actual or alleged intellectual property infringement.
3.5 If Contributor has knowledge that a license under a third partys intellectual
property rights is required to exercise the rights granted by such Contributor
under Sections 2.1 or 2.2, Contributor must (a) include a text file with the
Program source code distribution titled ../IP_ISSUES, and (b) notify CA in
writing at Computer Associates International, Inc., One Computer Associates
Plaza, Islandia, New York 11749, Attn: Open Source Group or by email at opensource@ca.com,
both describing the claim and the party making the claim in sufficient detail
that a Recipient and CA will know whom to contact with regard to such matter.
If Contributor obtains such knowledge after the Contribution is made available,
Contributor shall also promptly modify the IP_ISSUES file in all copies Contributor
makes available thereafter and shall take other steps (such as notifying appropriate
mailing lists or newsgroups) reasonably calculated to inform those who received
the Program that such new knowledge has been obtained.
3.6 Recipient shall not remove, obscure, or modify any CA or other Contributor
copyright or patent proprietary notices appearing in the Program, whether
in the source code, object code or in any documentation. In addition to the
obligations set forth in Section 4, each Contributor must identify itself
as the originator of its Contribution, if any, in a manner that reasonably
allows subsequent Recipients to identify the originator of the Contribution.
4. CONTRIBUTION RESTRICTIONS
4.1 Each Contributor must cause the Program to which the Contributor provides a Contribution to contain a file documenting the changes the Contributor made to create its version of the Program and the date of any change. Each Contributor must also include a prominent statement that the Contribution is derived, directly or indirectly, from the Program distributed by a prior Contributor, including the name of the prior Contributor from which such Contribution was derived, in (a) the Program source code, and (b) in any notice in an executable version or related documentation in which the Contributor describes the origin or ownership of the Program.
4.1 Each Contributor must cause the Program to which the Contributor provides
a Contribution to contain a file documenting the changes the Contributor made
to create its version of the Program and the date of any change. Each Contributor
must also include a prominent statement that the Contribution is derived,
directly or indirectly, from the Program distributed by a prior Contributor,
including the name of the prior Contributor from which such Contribution was
derived, in (a) the Program source code, and (b) in any notice in an executable
version or related documentation in which the Contributor describes the origin
or ownership of the Program.
5. NO WARRANTY
5.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE PROGRAM IS PROVIDED AS IS AND IN ITS PRESENT STATE AND CONDITION. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE PROGRAM IS GIVEN OR ASSUMED BY ANY CONTRIBUTOR AND ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
5.2 Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this License, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
5.3 Each Recipient acknowledges that the Program is not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, or air traffic control machines in which case the failure of the Program could lead to death, personal injury, or severe physical or environmental damage.
5.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE PROGRAM IS PROVIDED
AS IS AND IN ITS PRESENT STATE AND CONDITION. NO WARRANTY, REPRESENTATION,
CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE PROGRAM IS GIVEN OR ASSUMED
BY ANY CONTRIBUTOR AND ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS
AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
5.2 Each Recipient is solely responsible for determining the appropriateness
of using and distributing the Program and assumes all risks associated with
its exercise of rights under this License, including but not limited to the
risks and costs of program errors, compliance with applicable laws, damage
to or loss of data, programs or equipment, and unavailability or interruption
of operations.
5.3 Each Recipient acknowledges that the Program is not intended for use in
the operation of nuclear facilities, aircraft navigation, communication systems,
or air traffic control machines in which case the failure of the Program could
lead to death, personal injury, or severe physical or environmental damage.
6. DISCLAIMER OF LIABILITY
6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, AND TO THE EXTENT PERMITTED BY LAW, NO CONTRIBUTOR SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, AND TO THE EXTENT PERMITTED
BY LAW, NO CONTRIBUTOR SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT
LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE
OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
7. TRADEMARKS AND BRANDING
7.1 This License does not grant any Recipient or any third party any rights to use the trademarks or trade names now or subsequently posted at http://www.ca.com/catrdmrk.htm, or any other trademarks, service marks, logos or trade names belonging to CA (collectively CA Marks) or to any trademark, service mark, logo or trade name belonging to any Contributor. Recipient agrees not to use any CA Marks in or as part of the name of products derived from the Original Program or to endorse or promote products derived from the Original Program.
7.2 Subject to Section 7.1, Recipients may distribute the Program under trademarks, logos, and product names belonging to the Recipient provided that all copyright and other attribution notices remain in the Program.
7.1 This License does not grant any Recipient or any third party any rights
to use the trademarks or trade names now or subsequently posted at http://www.ca.com/catrdmrk.htm,
or any other trademarks, service marks, logos or trade names belonging to
CA (collectively CA Marks) or to any trademark, service mark, logo or trade
name belonging to any Contributor. Recipient agrees not to use any CA Marks
in or as part of the name of products derived from the Original Program or
to endorse or promote products derived from the Original Program.
7.2 Subject to Section 7.1, Recipients may distribute the Program under trademarks,
logos, and product names belonging to the Recipient provided that all copyright
and other attribution notices remain in the Program.
8. PATENT LITIGATION
8.1 If Recipient institutes patent litigation against any person or entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipients patent(s), then such Recipients rights granted under Section 2.2 shall terminate as of the date such litigation is filed.
8.1 If Recipient institutes patent litigation against any person or entity
(including a cross-claim or counterclaim in a lawsuit) alleging that the Program
itself (excluding combinations of the Program with other software or hardware)
infringes such Recipients patent(s), then such Recipients rights granted under
Section 2.2 shall terminate as of the date such litigation is filed.
9. OWNERSHIP
9.1 Subject to the licenses granted under this License in Sections 2.1 and 2.2 above, each Contributor retains all rights, title and interest in and to any Contributions made by such Contributor. CA retains all rights, title and interest in and to the Original Program and any Contributions made by or on behalf of CA (CA Contributions), and such CA Contributions will not be automatically subject to this License. CA may, at its sole discretion, choose to license such CA Contributions under this License, or on different terms from those contained in this License or may choose not to license them at all.
9.1 Subject to the licenses granted under this License in Sections 2.1 and
2.2 above, each Contributor retains all rights, title and interest in and
to any Contributions made by such Contributor. CA retains all rights, title
and interest in and to the Original Program and any Contributions made by
or on behalf of CA (CA Contributions), and such CA Contributions will not
be automatically subject to this License. CA may, at its sole discretion,
choose to license such CA Contributions under this License, or on different
terms from those contained in this License or may choose not to license them
at all.
10. TERMINATION
10.1 All of Recipients rights under this License shall terminate if it fails to comply with any of the material terms or conditions of this License and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If Recipients rights under this License terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipients obligations under this License and any licenses granted by Recipient as a Contributor relating to the Program shall continue and survive termination.
10.1 All of Recipients rights under this License shall terminate if it fails
to comply with any of the material terms or conditions of this License and
does not cure such failure in a reasonable period of time after becoming aware
of such noncompliance. If Recipients rights under this License terminate,
Recipient agrees to cease use and distribution of the Program as soon as reasonably
practicable. However, Recipients obligations under this License and any licenses
granted by Recipient as a Contributor relating to the Program shall continue
and survive termination.
11. GENERAL
11.1 If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
11.2 CA may publish new versions (including revisions) of this License from time to time. Each new version of the License will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the License under which it was received. In addition, after a new version of the License is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. No one other than CA has the right to modify this License.
11.3 If it is impossible for Recipient to comply with any of the terms of this License with respect to some or all of the Program due to statute, judicial order, or regulation, then Recipient must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the IP_ISSUES file described in Section 3.5 and must be included with all distributions of the Program source code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a Recipient of ordinary skill to be able to understand it.
11.4 This License is governed by the laws of the State of New York. No Recipient will bring a legal action under this License more than one year after the cause of action arose. Each Recipient waives its rights to a jury trial in any resulting litigation. Any litigation or other dispute resolution between a Recipient and CA relating to this License shall take place in the State of New York, and Recipient and CA hereby consent to the personal jurisdiction of, and venue in, the state and federal courts within that district with respect to this License. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
11.5 Where Recipient is located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this License and all related documents be drafted in English. Les parties contractantes confirment qu'elles ont exige que le present contrat et tous les documents associes soient rediges en anglais.
11.6 The Program is subject to all export and import laws, restrictions and regulations of the country in which Recipient receives the Program. Recipient is solely responsible for complying with and ensuring that Recipient does not export, re-export, or import the Program in violation of such laws, restrictions or regulations, or without any necessary licenses and authorizations.
11.7 This License constitutes the entire agreement between the parties with respect to the subject matter hereof.
11.1 If any provision of this License is invalid or unenforceable under applicable
law, it shall not affect the validity or enforceability of the remainder of
the terms of this License, and without further action by the parties hereto,
such provision shall be reformed to the minimum extent necessary to make such
provision valid and enforceable.
11.2 CA may publish new versions (including revisions) of this License from
time to time. Each new version of the License will be given a distinguishing
version number. The Program (including Contributions) may always be distributed
subject to the version of the License under which it was received. In addition,
after a new version of the License is published, Contributor may elect to
distribute the Program (including its Contributions) under the new version.
No one other than CA has the right to modify this License.
11.3 If it is impossible for Recipient to comply with any of the terms of
this License with respect to some or all of the Program due to statute, judicial
order, or regulation, then Recipient must: (a) comply with the terms of this
License to the maximum extent possible; and (b) describe the limitations and
the code they affect. Such description must be included in the IP_ISSUES file
described in Section 3.5 and must be included with all distributions of the
Program source code. Except to the extent prohibited by statute or regulation,
such description must be sufficiently detailed for a Recipient of ordinary
skill to be able to understand it.
11.4 This License is governed by the laws of the State of New York. No Recipient
will bring a legal action under this License more than one year after the
cause of action arose. Each Recipient waives its rights to a jury trial in
any resulting litigation. Any litigation or other dispute resolution between
a Recipient and CA relating to this License shall take place in the State
of New York, and Recipient and CA hereby consent to the personal jurisdiction
of, and venue in, the state and federal courts within that district with respect
to this License. The application of the United Nations Convention on Contracts
for the International Sale of Goods is expressly excluded.
11.5 Where Recipient is located in the province of Quebec, Canada, the following
clause applies: The parties hereby confirm that they have requested that this
License and all related documents be drafted in English. Les parties contractantes
confirment qu'elles ont exige que le present contrat et tous les documents
associes soient rediges en anglais.
11.6 The Program is subject to all export and import laws, restrictions and
regulations of the country in which Recipient receives the Program. Recipient
is solely responsible for complying with and ensuring that Recipient does
not export, re-export, or import the Program in violation of such laws, restrictions
or regulations, or without any necessary licenses and authorizations.
11.7 This License constitutes the entire agreement between the parties with
respect to the subject matter hereof.

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@ -1,39 +1,198 @@
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b. If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; the title of the Work if supplied; in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
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who have received Derivative Works or Collective Works from You under this
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i. Performance Royalties Under Blanket Licenses. Licensor waives the exclusive
right to collect, whether individually or via a performance rights society
(e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital
performance (e.g. webcast) of the Work.
ii. Mechanical Rights and Statutory Royalties. Licensor waives the exclusive
right to collect, whether individually or via a music rights agency or designated
agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from
the Work ("cover version") and distribute, subject to the compulsory license
created by 17 USC Section 115 of the US Copyright Act (or the equivalent in
other jurisdictions).
f. Webcasting Rights and Statutory Royalties. For the avoidance of doubt,
where the Work is a sound recording, Licensor waives the exclusive right to
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a. This License and the rights granted hereunder will terminate automatically
upon any breach by You of the terms of this License. Individuals or entities
who have received Derivative Works or Collective Works from You under this
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or entities remain in full compliance with those licenses. Sections 1, 2,
5, 6, 7, and 8 will survive any termination of this License.
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the above, Licensor reserves the right to release the Work under different
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that any such election will not serve to withdraw this License (or any other
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License), and this License will continue in full force and effect unless terminated
as stated above.
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a. Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
b. Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
c. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
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e. This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.
Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, neither party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.
a. Each time You distribute or publicly digitally perform the Work or a Collective
Work, the Licensor offers to the recipient a license to the Work on the same
terms and conditions as the license granted to You under this License.
b. Each time You distribute or publicly digitally perform a Derivative Work,
Licensor offers to the recipient a license to the original Work on the same
terms and conditions as the license granted to You under this License.
c. If any provision of this License is invalid or unenforceable under applicable
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the terms of this License, and without further action by the parties to this
agreement, such provision shall be reformed to the minimum extent necessary
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or representations with respect to the Work not specified here. Licensor shall
not be bound by any additional provisions that may appear in any communication
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Creative Commons is not a party to this License, and makes no warranty whatsoever
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Except for the limited purpose of indicating to the public that the Work is
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Creative Commons may be contacted at http://creativecommons.org/.

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@ -1,46 +1,304 @@
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b. "Collection" means a collection of literary or artistic works, such as encyclopedias and anthologies, or performances, phonograms or broadcasts, or other works or subject matter other than works listed in Section 1(f) below, which, by reason of the selection and arrangement of their contents, constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each constituting separate and independent works in themselves, which together are assembled into a collective whole. A work that constitutes a Collection will not be considered an Adaptation (as defined above) for the purposes of this License.
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a. You may Distribute or Publicly Perform the Work only under the terms of this License. You must include a copy of, or the Uniform Resource Identifier (URI) for, this License with every copy of the Work You Distribute or Publicly Perform. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties with every copy of the Work You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Work, You may not impose any effective technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License. This Section 4(a) applies to the Work as incorporated in a Collection, but this does not require the Collection apart from the Work itself to be made subject to the terms of this License. If You create a Collection, upon notice from any Licensor You must, to the extent practicable, remove from the Collection any credit as required by Section 4(b), as requested. If You create an Adaptation, upon notice from any Licensor You must, to the extent practicable, remove from the Adaptation any credit as required by Section 4(b), as requested.
b. If You Distribute, or Publicly Perform the Work or any Adaptations or Collections, You must, unless a request has been made pursuant to Section 4(a), keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or if the Original Author and/or Licensor designate another party or parties (e.g., a sponsor institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; (ii) the title of the Work if supplied; (iii) to the extent reasonably practicable, the URI, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and (iv), consistent with Section 3(b), in the case of an Adaptation, a credit identifying the use of the Work in the Adaptation (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). The credit required by this Section 4 (b) may be implemented in any reasonable manner; provided, however, that in the case of a Adaptation or Collection, at a minimum such credit will appear, if a credit for all contributing authors of the Adaptation or Collection appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors. For the avoidance of doubt, You may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.
c. Except as otherwise agreed in writing by the Licensor or as may be otherwise permitted by applicable law, if You Reproduce, Distribute or Publicly Perform the Work either by itself or as part of any Adaptations or Collections, You must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation. Licensor agrees that in those jurisdictions (e.g. Japan), in which any exercise of the right granted in Section 3(b) of this License (the right to make Adaptations) would be deemed to be a distortion, mutilation, modification or other derogatory action prejudicial to the Original Author's honor and reputation, the Licensor will waive or not assert, as appropriate, this Section, to the fullest extent permitted by the applicable national law, to enable You to reasonably exercise Your right under Section 3(b) of this License (right to make Adaptations) but not otherwise.
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the right to collect royalties through any statutory or compulsory licensing
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Distribute or Publicly Perform. When You Distribute or Publicly Perform the
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any credit as required by Section 4(b), as requested. If You create an Adaptation,
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in the case of a Adaptation or Collection, at a minimum such credit will appear,
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then as part of these credits and in a manner at least as prominent as the
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f. The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to the corresponding provisions of the implementation of those treaty provisions in the applicable national law. If the standard suite of rights granted under applicable copyright law includes additional rights not granted under this License, such additional rights are deemed to be included in the License; this License is not intended to restrict the license of any rights under applicable law.
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Section 1 Definitions.
a. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image.
b. Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public License.
c. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
d. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
e. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
f. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.
g. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
h. Licensor means the individual(s) or entity(ies) granting rights under this Public License.
i. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
j. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
k. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.
a. Adapted Material means material subject to Copyright and Similar Rights
that is derived from or based upon the Licensed Material and in which the
Licensed Material is translated, altered, arranged, transformed, or otherwise
modified in a manner requiring permission under the Copyright and Similar
Rights held by the Licensor. For purposes of this Public License, where the
Licensed Material is a musical work, performance, or sound recording, Adapted
Material is always produced where the Licensed Material is synched in timed
relation with a moving image.
b. Adapter's License means the license You apply to Your Copyright and Similar
Rights in Your contributions to Adapted Material in accordance with the terms
and conditions of this Public License.
c. Copyright and Similar Rights means copyright and/or similar rights closely
related to copyright including, without limitation, performance, broadcast,
sound recording, and Sui Generis Database Rights, without regard to how the
rights are labeled or categorized. For purposes of this Public License, the
rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
d. Effective Technological Measures means those measures that, in the absence
of proper authority, may not be circumvented under laws fulfilling obligations
under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996,
and/or similar international agreements.
e. Exceptions and Limitations means fair use, fair dealing, and/or any other
exception or limitation to Copyright and Similar Rights that applies to Your
use of the Licensed Material.
f. Licensed Material means the artistic or literary work, database, or other
material to which the Licensor applied this Public License.
g. Licensed Rights means the rights granted to You subject to the terms and
conditions of this Public License, which are limited to all Copyright and
Similar Rights that apply to Your use of the Licensed Material and that the
Licensor has authority to license.
h. Licensor means the individual(s) or entity(ies) granting rights under this
Public License.
i. Share means to provide material to the public by any means or process that
requires permission under the Licensed Rights, such as reproduction, public
display, public performance, distribution, dissemination, communication, or
importation, and to make material available to the public including in ways
that members of the public may access the material from a place and at a time
individually chosen by them.
j. Sui Generis Database Rights means rights other than copyright resulting
from Directive 96/9/EC of the European Parliament and of the Council of 11
March 1996 on the legal protection of databases, as amended and/or succeeded,
as well as other essentially equivalent rights anywhere in the world.
k. You means the individual or entity exercising the Licensed Rights under
this Public License. Your has a corresponding meaning.
Section 2 Scope.
a. License grant.
1. Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
1. Subject to the terms and conditions of this Public License, the Licensor
hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive,
irrevocable license to exercise the Licensed Rights in the Licensed Material
to:
A. reproduce and Share the Licensed Material, in whole or in part; and
B. produce, reproduce, and Share Adapted Material.
2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.
2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions
and Limitations apply to Your use, this Public License does not apply, and
You do not need to comply with its terms and conditions.
3. Term. The term of this Public License is specified in Section 6(a).
4. Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.
4. Media and formats; technical modifications allowed. The Licensor authorizes
You to exercise the Licensed Rights in all media and formats whether now known
or hereafter created, and to make technical modifications necessary to do
so. The Licensor waives and/or agrees not to assert any right or authority
to forbid You from making technical modifications necessary to exercise the
Licensed Rights, including technical modifications necessary to circumvent
Effective Technological Measures. For purposes of this Public License, simply
making modifications authorized by this Section 2(a)(4) never produces Adapted
Material.
5. Downstream recipients.
A. Offer from the Licensor Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.
B. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
6. No endorsement. Nothing in this Public License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i).
A. Offer from the Licensor Licensed Material. Every recipient of the Licensed
Material automatically receives an offer from the Licensor to exercise the
Licensed Rights under the terms and conditions of this Public License.
B. No downstream restrictions. You may not offer or impose any additional
or different terms or conditions on, or apply any Effective Technological
Measures to, the Licensed Material if doing so restricts exercise of the Licensed
Rights by any recipient of the Licensed Material.
6. No endorsement. Nothing in this Public License constitutes or may be construed
as permission to assert or imply that You are, or that Your use of the Licensed
Material is, connected with, or sponsored, endorsed, or granted official status
by, the Licensor or others designated to receive attribution as provided in
Section 3(a)(1)(A)(i).
b. Other rights.
1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
1. Moral rights, such as the right of integrity, are not licensed under this
Public License, nor are publicity, privacy, and/or other similar personality
rights; however, to the extent possible, the Licensor waives and/or agrees
not to assert any such rights held by the Licensor to the limited extent necessary
to allow You to exercise the Licensed Rights, but not otherwise.
2. Patent and trademark rights are not licensed under this Public License.
3. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties.
3. To the extent possible, the Licensor waives any right to collect royalties
from You for the exercise of the Licensed Rights, whether directly or through
a collecting society under any voluntary or waivable statutory or compulsory
licensing scheme. In all other cases the Licensor expressly reserves any right
to collect such royalties.
Section 3 License Conditions.
Your exercise of the Licensed Rights is expressly made subject to the following conditions.
Your exercise of the Licensed Rights is expressly made subject to the following
conditions.
a. Attribution.
1. If You Share the Licensed Material (including in modified form), You must:
A. retain the following if it is supplied by the Licensor with the Licensed Material:
i. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
A. retain the following if it is supplied by the Licensor with the Licensed
Material:
i. identification of the creator(s) of the Licensed Material and any others
designated to receive attribution, in any reasonable manner requested by the
Licensor (including by pseudonym if designated);
ii. a copyright notice;
iii. a notice that refers to this Public License;
iv. a notice that refers to the disclaimer of warranties;
v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
B. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
C. indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.
2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
4. If You Share Adapted Material You produce, the Adapter's License You apply must not prevent recipients of the Adapted Material from complying with this Public License.
B. indicate if You modified the Licensed Material and retain an indication
of any previous modifications; and
C. indicate the Licensed Material is licensed under this Public License, and
include the text of, or the URI or hyperlink to, this Public License.
2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner
based on the medium, means, and context in which You Share the Licensed Material.
For example, it may be reasonable to satisfy the conditions by providing a
URI or hyperlink to a resource that includes the required information.
3. If requested by the Licensor, You must remove any of the information required
by Section 3(a)(1)(A) to the extent reasonably practicable.
4. If You Share Adapted Material You produce, the Adapter's License You apply
must not prevent recipients of the Adapted Material from complying with this
Public License.
Section 4 Sui Generis Database Rights.
Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:
a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database;
b. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material; and
c. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database.
For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.
Where the Licensed Rights include Sui Generis Database Rights that apply to
Your use of the Licensed Material:
a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract,
reuse, reproduce, and Share all or a substantial portion of the contents of
the database;
b. if You include all or a substantial portion of the database contents in
a database in which You have Sui Generis Database Rights, then the database
in which You have Sui Generis Database Rights (but not its individual contents)
is Adapted Material; and
c. You must comply with the conditions in Section 3(a) if You Share all or
a substantial portion of the contents of the database.
For the avoidance of doubt, this Section 4 supplements and does not replace
Your obligations under this Public License where the Licensed Rights include
other Copyright and Similar Rights.
Section 5 Disclaimer of Warranties and Limitation of Liability.
a. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
b. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
c. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
a. Unless otherwise separately undertaken by the Licensor, to the extent possible,
the Licensor offers the Licensed Material as-is and as-available, and makes
no representations or warranties of any kind concerning the Licensed Material,
whether express, implied, statutory, or other. This includes, without limitation,
warranties of title, merchantability, fitness for a particular purpose, non-infringement,
absence of latent or other defects, accuracy, or the presence or absence of
errors, whether or not known or discoverable. Where disclaimers of warranties
are not allowed in full or in part, this disclaimer may not apply to You.
b. To the extent possible, in no event will the Licensor be liable to You
on any legal theory (including, without limitation, negligence) or otherwise
for any direct, special, indirect, incidental, consequential, punitive, exemplary,
or other losses, costs, expenses, or damages arising out of this Public License
or use of the Licensed Material, even if the Licensor has been advised of
the possibility of such losses, costs, expenses, or damages. Where a limitation
of liability is not allowed in full or in part, this limitation may not apply
to You.
c. The disclaimer of warranties and limitation of liability provided above
shall be interpreted in a manner that, to the extent possible, most closely
approximates an absolute disclaimer and waiver of all liability.
Section 6 Term and Termination.
a. This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically.
b. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:
1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
a. This Public License applies for the term of the Copyright and Similar Rights
licensed here. However, if You fail to comply with this Public License, then
Your rights under this Public License terminate automatically.
b. Where Your right to use the Licensed Material has terminated under Section
6(a), it reinstates:
1. automatically as of the date the violation is cured, provided it is cured
within 30 days of Your discovery of the violation; or
2. upon express reinstatement by the Licensor.
c. For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.
d. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License.
c. For the avoidance of doubt, this Section 6(b) does not affect any right
the Licensor may have to seek remedies for Your violations of this Public
License.
d. For the avoidance of doubt, the Licensor may also offer the Licensed Material
under separate terms or conditions or stop distributing the Licensed Material
at any time; however, doing so will not terminate this Public License.
e. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.
Section 7 Other Terms and Conditions.
a. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
b. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.
a. The Licensor shall not be bound by any additional or different terms or
conditions communicated by You unless expressly agreed.
b. Any arrangements, understandings, or agreements regarding the Licensed
Material not stated herein are separate from and independent of the terms
and conditions of this Public License.
Section 8 Interpretation.
a. For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License.
b. To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions.
c. No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
d. Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.
Creative Commons is not a party to its public licenses. Notwithstanding, Creative Commons may elect to apply one of its public licenses to material it publishes and in those instances will be considered the "Licensor." The text of the Creative Commons public licenses is dedicated to the public domain under the CC0 Public Domain Dedication. Except for the limited purpose of indicating that material is shared under a Creative Commons public license or as otherwise permitted by the Creative Commons policies published at creativecommons.org/policies, Creative Commons does not authorize the use of the trademark "Creative Commons" or any other trademark or logo of Creative Commons without its prior written consent including, without limitation, in connection with any unauthorized modifications to any of its public licenses or any other arrangements, understandings, or agreements concerning use of licensed material. For the avoidance of doubt, this paragraph does not form part of the public licenses.
a. For the avoidance of doubt, this Public License does not, and shall not
be interpreted to, reduce, limit, restrict, or impose conditions on any use
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b. You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
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c. to distribute copies or phonorecords of, display publicly, perform publicly,
and perform publicly by means of a digital audio transmission the Work including
as incorporated in Collective Works;
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and perform publicly by means of a digital audio transmission Derivative Works;
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perform the Work only under the terms of this License, and You must include
a copy of, or the Uniform Resource Identifier for, this License with every
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You must keep intact all notices that refer to this License and to the disclaimer
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c. If you distribute, publicly display, publicly perform, or publicly digitally
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reasonable to the medium or means You are utilizing by conveying the name
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of the Work if supplied; to the extent reasonably practicable, the Uniform
Resource Identifier, if any, that Licensor specifies to be associated with
the Work, unless such URI does not refer to the copyright notice or licensing
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Work by Original Author," or "Screenplay based on original Work by Original
Author"). Such credit may be implemented in any reasonable manner; provided,
however, that in the case of a Derivative Work or Collective Work, at a minimum
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i. Performance Royalties Under Blanket Licenses. Licensor reserves the exclusive
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ii. Mechanical Rights and Statutory Royalties. Licensor reserves the exclusive
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agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from
the Work ("cover version") and distribute, subject to the compulsory license
created by 17 USC Section 115 of the US Copyright Act (or the equivalent in
other jurisdictions), if Your distribution of such cover version is primarily
intended for or directed toward commercial advantage or private monetary compensation.
Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where
the Work is a sound recording, Licensor reserves the exclusive right to collect,
whether individually or via a performance-rights society (e.g. SoundExchange),
royalties for the public digital performance (e.g. webcast) of the Work, subject
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Act (or the equivalent in other jurisdictions), if Your public digital performance
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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS
THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING
THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
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EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW,
IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS
LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
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a. Adapted Material means material subject to Copyright and Similar Rights
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2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
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B. indicate if You modified the Licensed Material and retain an indication
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Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:
a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database for NonCommercial purposes only;
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c. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database.
For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.
Where the Licensed Rights include Sui Generis Database Rights that apply to
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For the avoidance of doubt, this Section 4 supplements and does not replace
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Section 5 Disclaimer of Warranties and Limitation of Liability.
a. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
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c. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
a. Unless otherwise separately undertaken by the Licensor, to the extent possible,
the Licensor offers the Licensed Material as-is and as-available, and makes
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warranties of title, merchantability, fitness for a particular purpose, non-infringement,
absence of latent or other defects, accuracy, or the presence or absence of
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b. To the extent possible, in no event will the Licensor be liable to You
on any legal theory (including, without limitation, negligence) or otherwise
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or use of the Licensed Material, even if the Licensor has been advised of
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c. The disclaimer of warranties and limitation of liability provided above
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Section 6 Term and Termination.
a. This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically.
b. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:
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For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.
c. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License.
For the avoidance of doubt, this Section 6(b) does not affect any right the
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d. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.
Section 7 Other Terms and Conditions.
a. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
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Creative Commons Attribution-NoDerivs-NonCommercial 1.0 CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS DRAFT LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
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1. Definitions
a. "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
b. "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License.
c. "Licensor" means the individual or entity that offers the Work under the terms of this License.
a. "Collective Work" means a work, such as a periodical issue, anthology or
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a Collective Work will not be considered a Derivative Work (as defined below)
for the purposes of this License.
b. "Derivative Work" means a work based upon the Work or upon the Work and
other pre-existing works, such as a translation, musical arrangement, dramatization,
fictionalization, motion picture version, sound recording, art reproduction,
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transformed, or adapted, except that a work that constitutes a Collective
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f. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
a. to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
b. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved.
4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
a. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any reference to such Licensor or the Original Author, as requested.
b. You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
c. If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Collective Works, You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; the title of the Work if supplied. Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
e. "Work" means the copyrightable work of authorship offered under the terms
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f. "You" means an individual or entity exercising rights under this License
who has not previously violated the terms of this License with respect to
the Work, or who has received express permission from the Licensor to exercise
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or restrict any rights arising from fair use, first sale or other limitations
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3. License Grant. Subject to the terms and conditions of this License, Licensor
hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for
the duration of the applicable copyright) license to exercise the rights in
the Work as stated below:
a. to reproduce the Work, to incorporate the Work into one or more Collective
Works, and to reproduce the Work as incorporated in the Collective Works;
b. to distribute copies or phonorecords of, display publicly, perform publicly,
and perform publicly by means of a digital audio transmission the Work including
as incorporated in Collective Works;
The above rights may be exercised in all media and formats whether now known
or hereafter devised. The above rights include the right to make such modifications
as are technically necessary to exercise the rights in other media and formats.
All rights not expressly granted by Licensor are hereby reserved.
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subject to and limited by the following restrictions:
a. You may distribute, publicly display, publicly perform, or publicly digitally
perform the Work only under the terms of this License, and You must include
a copy of, or the Uniform Resource Identifier for, this License with every
copy or phonorecord of the Work You distribute, publicly display, publicly
perform, or publicly digitally perform. You may not offer or impose any terms
on the Work that alter or restrict the terms of this License or the recipients'
exercise of the rights granted hereunder. You may not sublicense the Work.
You must keep intact all notices that refer to this License and to the disclaimer
of warranties. You may not distribute, publicly display, publicly perform,
or publicly digitally perform the Work with any technological measures that
control access or use of the Work in a manner inconsistent with the terms
of this License Agreement. The above applies to the Work as incorporated in
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remove from the Collective Work any reference to such Licensor or the Original
Author, as requested.
b. You may not exercise any of the rights granted to You in Section 3 above
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be considered to be intended for or directed toward commercial advantage or
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medium or means You are utilizing by conveying the name (or pseudonym if applicable)
of the Original Author if supplied; the title of the Work if supplied. Such
credit may be implemented in any reasonable manner; provided, however, that
in the case of a Collective Work, at a minimum such credit will appear where
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AND EXCEPT FOR DAMAGES ARISING FROM LIABILITY TO A THIRD PARTY RESULTING FROM
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a. This License and the rights granted hereunder will terminate automatically
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Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.
Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, neither party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.
a. Each time You distribute or publicly digitally perform the Work or a Collective
Work, the Licensor offers to the recipient a license to the Work on the same
terms and conditions as the license granted to You under this License.
b. If any provision of this License is invalid or unenforceable under applicable
law, it shall not affect the validity or enforceability of the remainder of
the terms of this License, and without further action by the parties to this
agreement, such provision shall be reformed to the minimum extent necessary
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c. No term or provision of this License shall be deemed waived and no breach
consented to unless such waiver or consent shall be in writing and signed
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Creative Commons is not a party to this License, and makes no warranty whatsoever
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Creative Commons Attribution-NonCommercial-NoDerivs 2.0 CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
Creative Commons Attribution-NonCommercial-NoDerivs 2.0 CREATIVE COMMONS CORPORATION
IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS
LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS
PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES
REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING
FROM ITS USE.
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS
PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO
BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS
CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
1. Definitions
a. "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
b. "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
c. "Licensor" means the individual or entity that offers the Work under the terms of this License.
a. "Collective Work" means a work, such as a periodical issue, anthology or
encyclopedia, in which the Work in its entirety in unmodified form, along
with a number of other contributions, constituting separate and independent
works in themselves, are assembled into a collective whole. A work that constitutes
a Collective Work will not be considered a Derivative Work (as defined below)
for the purposes of this License.
b. "Derivative Work" means a work based upon the Work or upon the Work and
other pre-existing works, such as a translation, musical arrangement, dramatization,
fictionalization, motion picture version, sound recording, art reproduction,
abridgment, condensation, or any other form in which the Work may be recast,
transformed, or adapted, except that a work that constitutes a Collective
Work will not be considered a Derivative Work for the purpose of this License.
For the avoidance of doubt, where the Work is a musical composition or sound
recording, the synchronization of the Work in timed-relation with a moving
image ("synching") will be considered a Derivative Work for the purpose of
this License.
c. "Licensor" means the individual or entity that offers the Work under the
terms of this License.
d. "Original Author" means the individual or entity who created the Work.
e. "Work" means the copyrightable work of authorship offered under the terms of this License.
f. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
a. to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
b. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats, but otherwise you have no rights to make Derivative Works. All rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights set forth in Sections 4(d) and 4(e).
4. Restrictions.The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
a. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any reference to such Licensor or the Original Author, as requested.
b. You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
c. If you distribute, publicly display, publicly perform, or publicly digitally perform the Work, You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; the title of the Work if supplied; and to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work. Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
e. "Work" means the copyrightable work of authorship offered under the terms
of this License.
f. "You" means an individual or entity exercising rights under this License
who has not previously violated the terms of this License with respect to
the Work, or who has received express permission from the Licensor to exercise
rights under this License despite a previous violation.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
or restrict any rights arising from fair use, first sale or other limitations
on the exclusive rights of the copyright owner under copyright law or other
applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor
hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for
the duration of the applicable copyright) license to exercise the rights in
the Work as stated below:
a. to reproduce the Work, to incorporate the Work into one or more Collective
Works, and to reproduce the Work as incorporated in the Collective Works;
b. to distribute copies or phonorecords of, display publicly, perform publicly,
and perform publicly by means of a digital audio transmission the Work including
as incorporated in Collective Works;
The above rights may be exercised in all media and formats whether now known
or hereafter devised. The above rights include the right to make such modifications
as are technically necessary to exercise the rights in other media and formats,
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pre-existing works, such as a translation, adaptation, derivative work, arrangement
of music or other alterations of a literary or artistic work, or phonogram
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perform literary or artistic works or expressions of folklore; (ii) in the
case of a phonogram the producer being the person or legal entity who first
fixes the sounds of a performance or other sounds; and, (iii) in the case
of broadcasts, the organization that transmits the broadcast.
f. "Work" means the literary and/or artistic work offered under the terms
of this License including without limitation any production in the literary,
scientific and artistic domain, whatever may be the mode or form of its expression
including digital form, such as a book, pamphlet and other writing; a lecture,
address, sermon or other work of the same nature; a dramatic or dramatico-musical
work; a choreographic work or entertainment in dumb show; a musical composition
with or without words; a cinematographic work to which are assimilated works
expressed by a process analogous to cinematography; a work of drawing, painting,
architecture, sculpture, engraving or lithography; a photographic work to
which are assimilated works expressed by a process analogous to photography;
a work of applied art; an illustration, map, plan, sketch or three-dimensional
work relative to geography, topography, architecture or science; a performance;
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as a copyrightable work; or a work performed by a variety or circus performer
to the extent it is not otherwise considered a literary or artistic work.
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i. "Reproduce" means to make copies of the Work by any means including without
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fixations of the Work, including storage of a protected performance or phonogram
in digital form or other electronic medium.
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Perform. You may not offer or impose any terms on the Work that restrict the
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a. Adapted Material means material subject to Copyright and Similar Rights
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A. retain the following if it is supplied by the Licensor with the Licensed
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iii. a notice that refers to this Public License;
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v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
B. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
C. indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.
For the avoidance of doubt, You do not have permission under this Public License to Share Adapted Material.
2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
B. indicate if You modified the Licensed Material and retain an indication
of any previous modifications; and
C. indicate the Licensed Material is licensed under this Public License, and
include the text of, or the URI or hyperlink to, this Public License.
For the avoidance of doubt, You do not have permission under this Public License
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2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner
based on the medium, means, and context in which You Share the Licensed Material.
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Section 4 Sui Generis Database Rights.
Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:
a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database for NonCommercial purposes only and provided You do not Share Adapted Material;
b. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material; and
c. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database.
For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.
Where the Licensed Rights include Sui Generis Database Rights that apply to
Your use of the Licensed Material:
a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract,
reuse, reproduce, and Share all or a substantial portion of the contents of
the database for NonCommercial purposes only and provided You do not Share
Adapted Material;
b. if You include all or a substantial portion of the database contents in
a database in which You have Sui Generis Database Rights, then the database
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is Adapted Material; and
c. You must comply with the conditions in Section 3(a) if You Share all or
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For the avoidance of doubt, this Section 4 supplements and does not replace
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For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.
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Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.
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@ -1,49 +1,344 @@
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Considerations for the public: By using one of our public licenses, a licensor grants the public permission to use the licensed material under specified terms and conditions. If the licensor's permission is not necessary for any reasonfor example, because of any applicable exception or limitation to copyrightthen that use is not regulated by the license. Our licenses grant only permissions under copyright and certain other rights that a licensor has authority to grant. Use of the licensed material may still be restricted for other reasons, including because others have copyright or other rights in the material. A licensor may make special requests, such as asking that all changes be marked or described. Although not required by our licenses, you are encouraged to respect those requests where reasonable. More considerations for the public : wiki.creativecommons.org/Considerations_for_licensees
Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public License
By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public License ("Public License"). To the extent this Public License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions.
Creative Commons public licenses provide a standard set of terms and conditions
that creators and other rights holders may use to share original works of
authorship and other material subject to copyright and certain other rights
specified in the public license below. The following considerations are for
informational purposes only, are not exhaustive, and do not form part of our
licenses.
Considerations for licensors: Our public licenses are intended for use by
those authorized to give the public permission to use material in ways otherwise
restricted by copyright and certain other rights. Our licenses are irrevocable.
Licensors should read and understand the terms and conditions of the license
they choose before applying it. Licensors should also secure all rights necessary
before applying our licenses so that the public can reuse the material as
expected. Licensors should clearly mark any material not subject to the license.
This includes other CC-licensed material, or material used under an exception
or limitation to copyright. More considerations for licensors : wiki.creativecommons.org/Considerations_for_licensors
Considerations for the public: By using one of our public licenses, a licensor
grants the public permission to use the licensed material under specified
terms and conditions. If the licensor's permission is not necessary for any
reasonfor example, because of any applicable exception or limitation to copyrightthen
that use is not regulated by the license. Our licenses grant only permissions
under copyright and certain other rights that a licensor has authority to
grant. Use of the licensed material may still be restricted for other reasons,
including because others have copyright or other rights in the material. A
licensor may make special requests, such as asking that all changes be marked
or described. Although not required by our licenses, you are encouraged to
respect those requests where reasonable. More considerations for the public
: wiki.creativecommons.org/Considerations_for_licensees
Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public
License
By exercising the Licensed Rights (defined below), You accept and agree to
be bound by the terms and conditions of this Creative Commons Attribution-NonCommercial-ShareAlike
4.0 International Public License ("Public License"). To the extent this Public
License may be interpreted as a contract, You are granted the Licensed Rights
in consideration of Your acceptance of these terms and conditions, and the
Licensor grants You such rights in consideration of benefits the Licensor
receives from making the Licensed Material available under these terms and
conditions.
Section 1 Definitions.
a. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image.
b. Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public License.
c. BY-NC-SA Compatible License means a license listed at creativecommons.org/compatiblelicenses, approved by Creative Commons as essentially the equivalent of this Public License.
d. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
e. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
f. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
g. License Elements means the license attributes listed in the name of a Creative Commons Public License. The License Elements of this Public License are Attribution, NonCommercial, and ShareAlike.
h. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.
i. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
j. Licensor means the individual(s) or entity(ies) granting rights under this Public License.
k. NonCommercial means not primarily intended for or directed towards commercial advantage or monetary compensation. For purposes of this Public License, the exchange of the Licensed Material for other material subject to Copyright and Similar Rights by digital file-sharing or similar means is NonCommercial provided there is no payment of monetary compensation in connection with the exchange.
l. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
m. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
n. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.
a. Adapted Material means material subject to Copyright and Similar Rights
that is derived from or based upon the Licensed Material and in which the
Licensed Material is translated, altered, arranged, transformed, or otherwise
modified in a manner requiring permission under the Copyright and Similar
Rights held by the Licensor. For purposes of this Public License, where the
Licensed Material is a musical work, performance, or sound recording, Adapted
Material is always produced where the Licensed Material is synched in timed
relation with a moving image.
b. Adapter's License means the license You apply to Your Copyright and Similar
Rights in Your contributions to Adapted Material in accordance with the terms
and conditions of this Public License.
c. BY-NC-SA Compatible License means a license listed at creativecommons.org/compatiblelicenses,
approved by Creative Commons as essentially the equivalent of this Public
License.
d. Copyright and Similar Rights means copyright and/or similar rights closely
related to copyright including, without limitation, performance, broadcast,
sound recording, and Sui Generis Database Rights, without regard to how the
rights are labeled or categorized. For purposes of this Public License, the
rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
e. Effective Technological Measures means those measures that, in the absence
of proper authority, may not be circumvented under laws fulfilling obligations
under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996,
and/or similar international agreements.
f. Exceptions and Limitations means fair use, fair dealing, and/or any other
exception or limitation to Copyright and Similar Rights that applies to Your
use of the Licensed Material.
g. License Elements means the license attributes listed in the name of a Creative
Commons Public License. The License Elements of this Public License are Attribution,
NonCommercial, and ShareAlike.
h. Licensed Material means the artistic or literary work, database, or other
material to which the Licensor applied this Public License.
i. Licensed Rights means the rights granted to You subject to the terms and
conditions of this Public License, which are limited to all Copyright and
Similar Rights that apply to Your use of the Licensed Material and that the
Licensor has authority to license.
j. Licensor means the individual(s) or entity(ies) granting rights under this
Public License.
k. NonCommercial means not primarily intended for or directed towards commercial
advantage or monetary compensation. For purposes of this Public License, the
exchange of the Licensed Material for other material subject to Copyright
and Similar Rights by digital file-sharing or similar means is NonCommercial
provided there is no payment of monetary compensation in connection with the
exchange.
l. Share means to provide material to the public by any means or process that
requires permission under the Licensed Rights, such as reproduction, public
display, public performance, distribution, dissemination, communication, or
importation, and to make material available to the public including in ways
that members of the public may access the material from a place and at a time
individually chosen by them.
m. Sui Generis Database Rights means rights other than copyright resulting
from Directive 96/9/EC of the European Parliament and of the Council of 11
March 1996 on the legal protection of databases, as amended and/or succeeded,
as well as other essentially equivalent rights anywhere in the world.
n. You means the individual or entity exercising the Licensed Rights under
this Public License. Your has a corresponding meaning.
Section 2 Scope.
a. License grant.
1. Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
A. reproduce and Share the Licensed Material, in whole or in part, for NonCommercial purposes only; and
B. produce, reproduce, and Share Adapted Material for NonCommercial purposes only.
2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.
1. Subject to the terms and conditions of this Public License, the Licensor
hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive,
irrevocable license to exercise the Licensed Rights in the Licensed Material
to:
A. reproduce and Share the Licensed Material, in whole or in part, for NonCommercial
purposes only; and
B. produce, reproduce, and Share Adapted Material for NonCommercial purposes
only.
2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions
and Limitations apply to Your use, this Public License does not apply, and
You do not need to comply with its terms and conditions.
3. Term. The term of this Public License is specified in Section 6(a).
4. Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.
4. Media and formats; technical modifications allowed. The Licensor authorizes
You to exercise the Licensed Rights in all media and formats whether now known
or hereafter created, and to make technical modifications necessary to do
so. The Licensor waives and/or agrees not to assert any right or authority
to forbid You from making technical modifications necessary to exercise the
Licensed Rights, including technical modifications necessary to circumvent
Effective Technological Measures. For purposes of this Public License, simply
making modifications authorized by this Section 2(a)(4) never produces Adapted
Material.
5. Downstream recipients.
A. Offer from the Licensor Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.
B. Additional offer from the Licensor Adapted Material. Every recipient of Adapted Material from You automatically receives an offer from the Licensor to exercise the Licensed Rights in the Adapted Material under the conditions of the Adapter's License You apply.
C. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
6. No endorsement. Nothing in this Public License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i).
A. Offer from the Licensor Licensed Material. Every recipient of the Licensed
Material automatically receives an offer from the Licensor to exercise the
Licensed Rights under the terms and conditions of this Public License.
B. Additional offer from the Licensor Adapted Material. Every recipient
of Adapted Material from You automatically receives an offer from the Licensor
to exercise the Licensed Rights in the Adapted Material under the conditions
of the Adapter's License You apply.
C. No downstream restrictions. You may not offer or impose any additional
or different terms or conditions on, or apply any Effective Technological
Measures to, the Licensed Material if doing so restricts exercise of the Licensed
Rights by any recipient of the Licensed Material.
6. No endorsement. Nothing in this Public License constitutes or may be construed
as permission to assert or imply that You are, or that Your use of the Licensed
Material is, connected with, or sponsored, endorsed, or granted official status
by, the Licensor or others designated to receive attribution as provided in
Section 3(a)(1)(A)(i).
b. Other rights.
1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
1. Moral rights, such as the right of integrity, are not licensed under this
Public License, nor are publicity, privacy, and/or other similar personality
rights; however, to the extent possible, the Licensor waives and/or agrees
not to assert any such rights held by the Licensor to the limited extent necessary
to allow You to exercise the Licensed Rights, but not otherwise.
2. Patent and trademark rights are not licensed under this Public License.
3. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties, including when the Licensed Material is used other than for NonCommercial purposes.
3. To the extent possible, the Licensor waives any right to collect royalties
from You for the exercise of the Licensed Rights, whether directly or through
a collecting society under any voluntary or waivable statutory or compulsory
licensing scheme. In all other cases the Licensor expressly reserves any right
to collect such royalties, including when the Licensed Material is used other
than for NonCommercial purposes.
Section 3 License Conditions.
Your exercise of the Licensed Rights is expressly made subject to the following conditions.
Your exercise of the Licensed Rights is expressly made subject to the following
conditions.
a. Attribution.
1. If You Share the Licensed Material (including in modified form), You must:
A. retain the following if it is supplied by the Licensor with the Licensed Material:
i. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
A. retain the following if it is supplied by the Licensor with the Licensed
Material:
i. identification of the creator(s) of the Licensed Material and any others
designated to receive attribution, in any reasonable manner requested by the
Licensor (including by pseudonym if designated);
ii. a copyright notice;
iii. a notice that refers to this Public License;
iv. a notice that refers to the disclaimer of warranties;
v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
B. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
C. indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.
2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
b. ShareAlike.In addition to the conditions in Section 3(a), if You Share Adapted Material You produce, the following conditions also apply.
1. The Adapter's License You apply must be a Creative Commons license with the same License Elements, this version or later, or a BY-NC-SA Compatible License.
2. You must include the text of, or the URI or hyperlink to, the Adapter's License You apply. You may satisfy this condition in any reasonable manner based on the medium, means, and context in which You Share Adapted Material.
3. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, Adapted Material that restrict exercise of the rights granted under the Adapter's License You apply.
B. indicate if You modified the Licensed Material and retain an indication
of any previous modifications; and
C. indicate the Licensed Material is licensed under this Public License, and
include the text of, or the URI or hyperlink to, this Public License.
2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner
based on the medium, means, and context in which You Share the Licensed Material.
For example, it may be reasonable to satisfy the conditions by providing a
URI or hyperlink to a resource that includes the required information.
3. If requested by the Licensor, You must remove any of the information required
by Section 3(a)(1)(A) to the extent reasonably practicable.
b. ShareAlike.In addition to the conditions in Section 3(a), if You Share
Adapted Material You produce, the following conditions also apply.
1. The Adapter's License You apply must be a Creative Commons license with
the same License Elements, this version or later, or a BY-NC-SA Compatible
License.
2. You must include the text of, or the URI or hyperlink to, the Adapter's
License You apply. You may satisfy this condition in any reasonable manner
based on the medium, means, and context in which You Share Adapted Material.
3. You may not offer or impose any additional or different terms or conditions
on, or apply any Effective Technological Measures to, Adapted Material that
restrict exercise of the rights granted under the Adapter's License You apply.
Section 4 Sui Generis Database Rights.
Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:
a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database for NonCommercial purposes only;
b. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material, including for purposes of Section 3(b); and
c. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database.
For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.
Where the Licensed Rights include Sui Generis Database Rights that apply to
Your use of the Licensed Material:
a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract,
reuse, reproduce, and Share all or a substantial portion of the contents of
the database for NonCommercial purposes only;
b. if You include all or a substantial portion of the database contents in
a database in which You have Sui Generis Database Rights, then the database
in which You have Sui Generis Database Rights (but not its individual contents)
is Adapted Material, including for purposes of Section 3(b); and
c. You must comply with the conditions in Section 3(a) if You Share all or
a substantial portion of the contents of the database.
For the avoidance of doubt, this Section 4 supplements and does not replace
Your obligations under this Public License where the Licensed Rights include
other Copyright and Similar Rights.
Section 5 Disclaimer of Warranties and Limitation of Liability.
a. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
b. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
c. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
a. Unless otherwise separately undertaken by the Licensor, to the extent possible,
the Licensor offers the Licensed Material as-is and as-available, and makes
no representations or warranties of any kind concerning the Licensed Material,
whether express, implied, statutory, or other. This includes, without limitation,
warranties of title, merchantability, fitness for a particular purpose, non-infringement,
absence of latent or other defects, accuracy, or the presence or absence of
errors, whether or not known or discoverable. Where disclaimers of warranties
are not allowed in full or in part, this disclaimer may not apply to You.
b. To the extent possible, in no event will the Licensor be liable to You
on any legal theory (including, without limitation, negligence) or otherwise
for any direct, special, indirect, incidental, consequential, punitive, exemplary,
or other losses, costs, expenses, or damages arising out of this Public License
or use of the Licensed Material, even if the Licensor has been advised of
the possibility of such losses, costs, expenses, or damages. Where a limitation
of liability is not allowed in full or in part, this limitation may not apply
to You.
c. The disclaimer of warranties and limitation of liability provided above
shall be interpreted in a manner that, to the extent possible, most closely
approximates an absolute disclaimer and waiver of all liability.
Section 6 Term and Termination.
a. This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically.
b. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:
1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
a. This Public License applies for the term of the Copyright and Similar Rights
licensed here. However, if You fail to comply with this Public License, then
Your rights under this Public License terminate automatically.
b. Where Your right to use the Licensed Material has terminated under Section
6(a), it reinstates:
1. automatically as of the date the violation is cured, provided it is cured
within 30 days of Your discovery of the violation; or
2. upon express reinstatement by the Licensor.
For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.
c. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License.
For the avoidance of doubt, this Section 6(b) does not affect any right the
Licensor may have to seek remedies for Your violations of this Public License.
c. For the avoidance of doubt, the Licensor may also offer the Licensed Material
under separate terms or conditions or stop distributing the Licensed Material
at any time; however, doing so will not terminate this Public License.
d. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.
Section 7 Other Terms and Conditions.
a. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
b. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.
a. The Licensor shall not be bound by any additional or different terms or
conditions communicated by You unless expressly agreed.
b. Any arrangements, understandings, or agreements regarding the Licensed
Material not stated herein are separate from and independent of the terms
and conditions of this Public License.
Section 8 Interpretation.
a. For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License.
b. To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions.
c. No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
d. Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.
Creative Commons is not a party to its public licenses. Notwithstanding, Creative Commons may elect to apply one of its public licenses to material it publishes and in those instances will be considered the "Licensor." The text of the Creative Commons public licenses is dedicated to the public domain under the CC0 Public Domain Dedication. Except for the limited purpose of indicating that material is shared under a Creative Commons public license or as otherwise permitted by the Creative Commons policies published at creativecommons.org/policies, Creative Commons does not authorize the use of the trademark "Creative Commons" or any other trademark or logo of Creative Commons without its prior written consent including, without limitation, in connection with any unauthorized modifications to any of its public licenses or any other arrangements, understandings, or agreements concerning use of licensed material. For the avoidance of doubt, this paragraph does not form part of the public licenses.
a. For the avoidance of doubt, this Public License does not, and shall not
be interpreted to, reduce, limit, restrict, or impose conditions on any use
of the Licensed Material that could lawfully be made without permission under
this Public License.
b. To the extent possible, if any provision of this Public License is deemed
unenforceable, it shall be automatically reformed to the minimum extent necessary
to make it enforceable. If the provision cannot be reformed, it shall be severed
from this Public License without affecting the enforceability of the remaining
terms and conditions.
c. No term or condition of this Public License will be waived and no failure
to comply consented to unless expressly agreed to by the Licensor.
d. Nothing in this Public License constitutes or may be interpreted as a limitation
upon, or waiver of, any privileges and immunities that apply to the Licensor
or You, including from the legal processes of any jurisdiction or authority.
Creative Commons is not a party to its public licenses. Notwithstanding, Creative
Commons may elect to apply one of its public licenses to material it publishes
and in those instances will be considered the "Licensor." The text of the
Creative Commons public licenses is dedicated to the public domain under the
CC0 Public Domain Dedication. Except for the limited purpose of indicating
that material is shared under a Creative Commons public license or as otherwise
permitted by the Creative Commons policies published at creativecommons.org/policies,
Creative Commons does not authorize the use of the trademark "Creative Commons"
or any other trademark or logo of Creative Commons without its prior written
consent including, without limitation, in connection with any unauthorized
modifications to any of its public licenses or any other arrangements, understandings,
or agreements concerning use of licensed material. For the avoidance of doubt,
this paragraph does not form part of the public licenses.
Creative Commons may be contacted at creativecommons.org.

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@ -1,36 +1,183 @@
Creative Commons Attribution-NoDerivs 1.0 CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS DRAFT LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
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1. Definitions
a. "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
b. "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License.
c. "Licensor" means the individual or entity that offers the Work under the terms of this License.
a. "Collective Work" means a work, such as a periodical issue, anthology or
encyclopedia, in which the Work in its entirety in unmodified form, along
with a number of other contributions, constituting separate and independent
works in themselves, are assembled into a collective whole. A work that constitutes
a Collective Work will not be considered a Derivative Work (as defined below)
for the purposes of this License.
b. "Derivative Work" means a work based upon the Work or upon the Work and
other pre-existing works, such as a translation, musical arrangement, dramatization,
fictionalization, motion picture version, sound recording, art reproduction,
abridgment, condensation, or any other form in which the Work may be recast,
transformed, or adapted, except that a work that constitutes a Collective
Work will not be considered a Derivative Work for the purpose of this License.
c. "Licensor" means the individual or entity that offers the Work under the
terms of this License.
d. "Original Author" means the individual or entity who created the Work.
e. "Work" means the copyrightable work of authorship offered under the terms of this License.
f. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
a. to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
b. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved.
4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
a. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any reference to such Licensor or the Original Author, as requested.
b. If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Collective Works, You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; the title of the Work if supplied. Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
e. "Work" means the copyrightable work of authorship offered under the terms
of this License.
f. "You" means an individual or entity exercising rights under this License
who has not previously violated the terms of this License with respect to
the Work, or who has received express permission from the Licensor to exercise
rights under this License despite a previous violation.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
or restrict any rights arising from fair use, first sale or other limitations
on the exclusive rights of the copyright owner under copyright law or other
applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor
hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for
the duration of the applicable copyright) license to exercise the rights in
the Work as stated below:
a. to reproduce the Work, to incorporate the Work into one or more Collective
Works, and to reproduce the Work as incorporated in the Collective Works;
b. to distribute copies or phonorecords of, display publicly, perform publicly,
and perform publicly by means of a digital audio transmission the Work including
as incorporated in Collective Works;
The above rights may be exercised in all media and formats whether now known
or hereafter devised. The above rights include the right to make such modifications
as are technically necessary to exercise the rights in other media and formats.
All rights not expressly granted by Licensor are hereby reserved.
4. Restrictions. The license granted in Section 3 above is expressly made
subject to and limited by the following restrictions:
a. You may distribute, publicly display, publicly perform, or publicly digitally
perform the Work only under the terms of this License, and You must include
a copy of, or the Uniform Resource Identifier for, this License with every
copy or phonorecord of the Work You distribute, publicly display, publicly
perform, or publicly digitally perform. You may not offer or impose any terms
on the Work that alter or restrict the terms of this License or the recipients'
exercise of the rights granted hereunder. You may not sublicense the Work.
You must keep intact all notices that refer to this License and to the disclaimer
of warranties. You may not distribute, publicly display, publicly perform,
or publicly digitally perform the Work with any technological measures that
control access or use of the Work in a manner inconsistent with the terms
of this License Agreement. The above applies to the Work as incorporated in
a Collective Work, but this does not require the Collective Work apart from
the Work itself to be made subject to the terms of this License. If You create
a Collective Work, upon notice from any Licensor You must, to the extent practicable,
remove from the Collective Work any reference to such Licensor or the Original
Author, as requested.
b. If you distribute, publicly display, publicly perform, or publicly digitally
perform the Work or any Collective Works, You must keep intact all copyright
notices for the Work and give the Original Author credit reasonable to the
medium or means You are utilizing by conveying the name (or pseudonym if applicable)
of the Original Author if supplied; the title of the Work if supplied. Such
credit may be implemented in any reasonable manner; provided, however, that
in the case of a Collective Work, at a minimum such credit will appear where
any other comparable authorship credit appears and in a manner at least as
prominent as such other comparable authorship credit.
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a. By offering the Work for public release under this License, Licensor represents
and warrants that, to the best of Licensor's knowledge after reasonable inquiry:
i. Licensor has secured all rights in the Work necessary to grant the license
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common law rights or any other right of any third party or constitute defamation,
invasion of privacy or other tortious injury to any third party.
b. EXCEPT AS EXPRESSLY STATED IN THIS LICENSE OR OTHERWISE AGREED IN WRITING
OR REQUIRED BY APPLICABLE LAW, THE WORK IS LICENSED ON AN "AS IS" BASIS, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
ANY WARRANTIES REGARDING THE CONTENTS OR ACCURACY OF THE WORK.
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AND EXCEPT FOR DAMAGES ARISING FROM LIABILITY TO A THIRD PARTY RESULTING FROM
BREACH OF THE WARRANTIES IN SECTION 5, IN NO EVENT WILL LICENSOR BE LIABLE
TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE
OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN
IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Termination
a. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
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a. This License and the rights granted hereunder will terminate automatically
upon any breach by You of the terms of this License. Individuals or entities
who have received Collective Works from You under this License, however, will
not have their licenses terminated provided such individuals or entities remain
in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will
survive any termination of this License.
b. Subject to the above terms and conditions, the license granted here is
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the above, Licensor reserves the right to release the Work under different
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that any such election will not serve to withdraw this License (or any other
license that has been, or is required to be, granted under the terms of this
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as stated above.
8. Miscellaneous
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Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.
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agreement, such provision shall be reformed to the minimum extent necessary
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@ -1,38 +1,205 @@
Creative Commons Attribution-NoDerivs 2.0 CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
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1. Definitions
a. "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
b. "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
c. "Licensor" means the individual or entity that offers the Work under the terms of this License.
d. "Original Author" means the individual or entity who created the Work.
e. "Work" means the copyrightable work of authorship offered under the terms of this License.
f. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
a. to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
b. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works.
c. For the avoidance of doubt, where the work is a musical composition:
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Creative Commons Attribution-NoDerivs 2.0 CREATIVE COMMONS CORPORATION IS
NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO
BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS
CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
1. Definitions
a. "Collective Work" means a work, such as a periodical issue, anthology or
encyclopedia, in which the Work in its entirety in unmodified form, along
with a number of other contributions, constituting separate and independent
works in themselves, are assembled into a collective whole. A work that constitutes
a Collective Work will not be considered a Derivative Work (as defined below)
for the purposes of this License.
b. "Derivative Work" means a work based upon the Work or upon the Work and
other pre-existing works, such as a translation, musical arrangement, dramatization,
fictionalization, motion picture version, sound recording, art reproduction,
abridgment, condensation, or any other form in which the Work may be recast,
transformed, or adapted, except that a work that constitutes a Collective
Work will not be considered a Derivative Work for the purpose of this License.
For the avoidance of doubt, where the Work is a musical composition or sound
recording, the synchronization of the Work in timed-relation with a moving
image ("synching") will be considered a Derivative Work for the purpose of
this License.
c. "Licensor" means the individual or entity that offers the Work under the
terms of this License.
d. "Original Author" means the individual or entity who created the Work.
e. "Work" means the copyrightable work of authorship offered under the terms
of this License.
f. "You" means an individual or entity exercising rights under this License
who has not previously violated the terms of this License with respect to
the Work, or who has received express permission from the Licensor to exercise
rights under this License despite a previous violation.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
or restrict any rights arising from fair use, first sale or other limitations
on the exclusive rights of the copyright owner under copyright law or other
applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor
hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for
the duration of the applicable copyright) license to exercise the rights in
the Work as stated below:
a. to reproduce the Work, to incorporate the Work into one or more Collective
Works, and to reproduce the Work as incorporated in the Collective Works;
b. to distribute copies or phonorecords of, display publicly, perform publicly,
and perform publicly by means of a digital audio transmission the Work including
as incorporated in Collective Works.
c. For the avoidance of doubt, where the work is a musical composition:
i. Performance Royalties Under Blanket Licenses. Licensor waives the exclusive
right to collect, whether individually or via a performance rights society
(e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital
performance (e.g. webcast) of the Work.
ii. Mechanical Rights and Statutory Royalties. Licensor waives the exclusive
right to collect, whether individually or via a music rights society or designated
agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from
the Work ("cover version") and distribute, subject to the compulsory license
created by 17 USC Section 115 of the US Copyright Act (or the equivalent in
other jurisdictions).
d. Webcasting Rights and Statutory Royalties. For the avoidance of doubt,
where the Work is a sound recording, Licensor waives the exclusive right to
collect, whether individually or via a performance-rights society (e.g. SoundExchange),
royalties for the public digital performance (e.g. webcast) of the Work, subject
to the compulsory license created by 17 USC Section 114 of the US Copyright
Act (or the equivalent in other jurisdictions).
The above rights may be exercised in all media and formats whether now known
or hereafter devised. The above rights include the right to make such modifications
as are technically necessary to exercise the rights in other media and formats,
but otherwise you have no rights to make Derivative Works. All rights not
expressly granted by Licensor are hereby reserved.
4. Restrictions. The license granted in Section 3 above is expressly made
subject to and limited by the following restrictions:
a. You may distribute, publicly display, publicly perform, or publicly digitally
perform the Work only under the terms of this License, and You must include
a copy of, or the Uniform Resource Identifier for, this License with every
copy or phonorecord of the Work You distribute, publicly display, publicly
perform, or publicly digitally perform. You may not offer or impose any terms
on the Work that alter or restrict the terms of this License or the recipients'
exercise of the rights granted hereunder. You may not sublicense the Work.
You must keep intact all notices that refer to this License and to the disclaimer
of warranties. You may not distribute, publicly display, publicly perform,
or publicly digitally perform the Work with any technological measures that
control access or use of the Work in a manner inconsistent with the terms
of this License Agreement. The above applies to the Work as incorporated in
a Collective Work, but this does not require the Collective Work apart from
the Work itself to be made subject to the terms of this License. If You create
a Collective Work, upon notice from any Licensor You must, to the extent practicable,
remove from the Collective Work any reference to such Licensor or the Original
Author, as requested.
b. If you distribute, publicly display, publicly perform, or publicly digitally
perform the Work or Collective Works, You must keep intact all copyright notices
for the Work and give the Original Author credit reasonable to the medium
or means You are utilizing by conveying the name (or pseudonym if applicable)
of the Original Author if supplied; the title of the Work if supplied; and
to the extent reasonably practicable, the Uniform Resource Identifier, if
any, that Licensor specifies to be associated with the Work, unless such URI
does not refer to the copyright notice or licensing information for the Work.
Such credit may be implemented in any reasonable manner; provided, however,
that in the case of a Collective Work, at a minimum such credit will appear
where any other comparable authorship credit appears and in a manner at least
as prominent as such other comparable authorship credit.
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats, but otherwise you have no rights to make Derivative Works. All rights not expressly granted by Licensor are hereby reserved.
4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
a. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any reference to such Licensor or the Original Author, as requested.
b. If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or Collective Works, You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; the title of the Work if supplied; and to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work. Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE MATERIALS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING
THE MATERIALS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR
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OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT
APPLY TO YOU.
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IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS
LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
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expressed by a process analogous to cinematography; a work of drawing, painting,
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a. Each time You Distribute or Publicly Perform the Work or a Collection, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
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e. The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to the corresponding provisions of the implementation of those treaty provisions in the applicable national law. If the standard suite of rights granted under applicable copyright law includes additional rights not granted under this License, such additional rights are deemed to be included in the License; this License is not intended to restrict the license of any rights under applicable law.
a. Each time You Distribute or Publicly Perform the Work or a Collection,
the Licensor offers to the recipient a license to the Work on the same terms
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Section 1 Definitions.
a. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image.
b. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
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d. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
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g. Licensor means the individual(s) or entity(ies) granting rights under this Public License.
h. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
i. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
j. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.
a. Adapted Material means material subject to Copyright and Similar Rights
that is derived from or based upon the Licensed Material and in which the
Licensed Material is translated, altered, arranged, transformed, or otherwise
modified in a manner requiring permission under the Copyright and Similar
Rights held by the Licensor. For purposes of this Public License, where the
Licensed Material is a musical work, performance, or sound recording, Adapted
Material is always produced where the Licensed Material is synched in timed
relation with a moving image.
b. Copyright and Similar Rights means copyright and/or similar rights closely
related to copyright including, without limitation, performance, broadcast,
sound recording, and Sui Generis Database Rights, without regard to how the
rights are labeled or categorized. For purposes of this Public License, the
rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
c. Effective Technological Measures means those measures that, in the absence
of proper authority, may not be circumvented under laws fulfilling obligations
under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996,
and/or similar international agreements.
d. Exceptions and Limitations means fair use, fair dealing, and/or any other
exception or limitation to Copyright and Similar Rights that applies to Your
use of the Licensed Material.
e. Licensed Material means the artistic or literary work, database, or other
material to which the Licensor applied this Public License.
f. Licensed Rights means the rights granted to You subject to the terms and
conditions of this Public License, which are limited to all Copyright and
Similar Rights that apply to Your use of the Licensed Material and that the
Licensor has authority to license.
g. Licensor means the individual(s) or entity(ies) granting rights under this
Public License.
h. Share means to provide material to the public by any means or process that
requires permission under the Licensed Rights, such as reproduction, public
display, public performance, distribution, dissemination, communication, or
importation, and to make material available to the public including in ways
that members of the public may access the material from a place and at a time
individually chosen by them.
i. Sui Generis Database Rights means rights other than copyright resulting
from Directive 96/9/EC of the European Parliament and of the Council of 11
March 1996 on the legal protection of databases, as amended and/or succeeded,
as well as other essentially equivalent rights anywhere in the world.
j. You means the individual or entity exercising the Licensed Rights under
this Public License. Your has a corresponding meaning.
Section 2 Scope.
a. License grant.
1. Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
1. Subject to the terms and conditions of this Public License, the Licensor
hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive,
irrevocable license to exercise the Licensed Rights in the Licensed Material
to:
A. reproduce and Share the Licensed Material, in whole or in part; and
B. produce and reproduce, but not Share, Adapted Material.
2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.
2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions
and Limitations apply to Your use, this Public License does not apply, and
You do not need to comply with its terms and conditions.
3. Term. The term of this Public License is specified in Section 6(a).
4. Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.
4. Media and formats; technical modifications allowed. The Licensor authorizes
You to exercise the Licensed Rights in all media and formats whether now known
or hereafter created, and to make technical modifications necessary to do
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to forbid You from making technical modifications necessary to exercise the
Licensed Rights, including technical modifications necessary to circumvent
Effective Technological Measures. For purposes of this Public License, simply
making modifications authorized by this Section 2(a)(4) never produces Adapted
Material.
5. Downstream recipients.
A. Offer from the Licensor Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.
B. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
6. No endorsement. Nothing in this Public License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i).
A. Offer from the Licensor Licensed Material. Every recipient of the Licensed
Material automatically receives an offer from the Licensor to exercise the
Licensed Rights under the terms and conditions of this Public License.
B. No downstream restrictions. You may not offer or impose any additional
or different terms or conditions on, or apply any Effective Technological
Measures to, the Licensed Material if doing so restricts exercise of the Licensed
Rights by any recipient of the Licensed Material.
6. No endorsement. Nothing in this Public License constitutes or may be construed
as permission to assert or imply that You are, or that Your use of the Licensed
Material is, connected with, or sponsored, endorsed, or granted official status
by, the Licensor or others designated to receive attribution as provided in
Section 3(a)(1)(A)(i).
b. Other rights.
1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
1. Moral rights, such as the right of integrity, are not licensed under this
Public License, nor are publicity, privacy, and/or other similar personality
rights; however, to the extent possible, the Licensor waives and/or agrees
not to assert any such rights held by the Licensor to the limited extent necessary
to allow You to exercise the Licensed Rights, but not otherwise.
2. Patent and trademark rights are not licensed under this Public License.
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a collecting society under any voluntary or waivable statutory or compulsory
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Section 3 License Conditions.
Your exercise of the Licensed Rights is expressly made subject to the following conditions.
Your exercise of the Licensed Rights is expressly made subject to the following
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a. Attribution.
1. If You Share the Licensed Material, You must:
A. retain the following if it is supplied by the Licensor with the Licensed Material:
i. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
A. retain the following if it is supplied by the Licensor with the Licensed
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i. identification of the creator(s) of the Licensed Material and any others
designated to receive attribution, in any reasonable manner requested by the
Licensor (including by pseudonym if designated);
ii. a copyright notice;
iii. a notice that refers to this Public License;
iv. a notice that refers to the disclaimer of warranties;
v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
B. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
C. indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.
2. For the avoidance of doubt, You do not have permission under this Public License to Share Adapted Material.
3. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
4. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
B. indicate if You modified the Licensed Material and retain an indication
of any previous modifications; and
C. indicate the Licensed Material is licensed under this Public License, and
include the text of, or the URI or hyperlink to, this Public License.
2. For the avoidance of doubt, You do not have permission under this Public
License to Share Adapted Material.
3. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner
based on the medium, means, and context in which You Share the Licensed Material.
For example, it may be reasonable to satisfy the conditions by providing a
URI or hyperlink to a resource that includes the required information.
4. If requested by the Licensor, You must remove any of the information required
by Section 3(a)(1)(A) to the extent reasonably practicable.
Section 4 Sui Generis Database Rights.
Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:
a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database, provided You do not Share Adapted Material;
b. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material; and
c. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database.
For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.
Where the Licensed Rights include Sui Generis Database Rights that apply to
Your use of the Licensed Material:
a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract,
reuse, reproduce, and Share all or a substantial portion of the contents of
the database, provided You do not Share Adapted Material;
b. if You include all or a substantial portion of the database contents in
a database in which You have Sui Generis Database Rights, then the database
in which You have Sui Generis Database Rights (but not its individual contents)
is Adapted Material; and
c. You must comply with the conditions in Section 3(a) if You Share all or
a substantial portion of the contents of the database.
For the avoidance of doubt, this Section 4 supplements and does not replace
Your obligations under this Public License where the Licensed Rights include
other Copyright and Similar Rights.
Section 5 Disclaimer of Warranties and Limitation of Liability.
a. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
b. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
c. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
a. Unless otherwise separately undertaken by the Licensor, to the extent possible,
the Licensor offers the Licensed Material as-is and as-available, and makes
no representations or warranties of any kind concerning the Licensed Material,
whether express, implied, statutory, or other. This includes, without limitation,
warranties of title, merchantability, fitness for a particular purpose, non-infringement,
absence of latent or other defects, accuracy, or the presence or absence of
errors, whether or not known or discoverable. Where disclaimers of warranties
are not allowed in full or in part, this disclaimer may not apply to You.
b. To the extent possible, in no event will the Licensor be liable to You
on any legal theory (including, without limitation, negligence) or otherwise
for any direct, special, indirect, incidental, consequential, punitive, exemplary,
or other losses, costs, expenses, or damages arising out of this Public License
or use of the Licensed Material, even if the Licensor has been advised of
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to You.
c. The disclaimer of warranties and limitation of liability provided above
shall be interpreted in a manner that, to the extent possible, most closely
approximates an absolute disclaimer and waiver of all liability.
Section 6 Term and Termination.
a. This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically.
b. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:
1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
a. This Public License applies for the term of the Copyright and Similar Rights
licensed here. However, if You fail to comply with this Public License, then
Your rights under this Public License terminate automatically.
b. Where Your right to use the Licensed Material has terminated under Section
6(a), it reinstates:
1. automatically as of the date the violation is cured, provided it is cured
within 30 days of Your discovery of the violation; or
2. upon express reinstatement by the Licensor.
c. For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.
d. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License.
c. For the avoidance of doubt, this Section 6(b) does not affect any right
the Licensor may have to seek remedies for Your violations of this Public
License.
d. For the avoidance of doubt, the Licensor may also offer the Licensed Material
under separate terms or conditions or stop distributing the Licensed Material
at any time; however, doing so will not terminate this Public License.
e. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.
Section 7 Other Terms and Conditions.
a. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
b. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.
a. The Licensor shall not be bound by any additional or different terms or
conditions communicated by You unless expressly agreed.
b. Any arrangements, understandings, or agreements regarding the Licensed
Material not stated herein are separate from and independent of the terms
and conditions of this Public License.
Section 8 Interpretation.
a. For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License.
b. To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions.
c. No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
d. Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.
Creative Commons is not a party to its public licenses. Notwithstanding, Creative Commons may elect to apply one of its public licenses to material it publishes and in those instances will be considered the "Licensor." The text of the Creative Commons public licenses is dedicated to the public domain under the CC0 Public Domain Dedication. Except for the limited purpose of indicating that material is shared under a Creative Commons public license or as otherwise permitted by the Creative Commons policies published at creativecommons.org/policies, Creative Commons does not authorize the use of the trademark "Creative Commons" or any other trademark or logo of Creative Commons without its prior written consent including, without limitation, in connection with any unauthorized modifications to any of its public licenses or any other arrangements, understandings, or agreements concerning use of licensed material. For the avoidance of doubt, this paragraph does not form part of the public licenses.
a. For the avoidance of doubt, this Public License does not, and shall not
be interpreted to, reduce, limit, restrict, or impose conditions on any use
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to make it enforceable. If the provision cannot be reformed, it shall be severed
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Creative Commons is not a party to its public licenses. Notwithstanding, Creative
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b. "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License.
c. "Licensor" means the individual or entity that offers the Work under the terms of this License.
a. "Collective Work" means a work, such as a periodical issue, anthology or
encyclopedia, in which the Work in its entirety in unmodified form, along
with a number of other contributions, constituting separate and independent
works in themselves, are assembled into a collective whole. A work that constitutes
a Collective Work will not be considered a Derivative Work (as defined below)
for the purposes of this License.
b. "Derivative Work" means a work based upon the Work or upon the Work and
other pre-existing works, such as a translation, musical arrangement, dramatization,
fictionalization, motion picture version, sound recording, art reproduction,
abridgment, condensation, or any other form in which the Work may be recast,
transformed, or adapted, except that a work that constitutes a Collective
Work will not be considered a Derivative Work for the purpose of this License.
c. "Licensor" means the individual or entity that offers the Work under the
terms of this License.
d. "Original Author" means the individual or entity who created the Work.
e. "Work" means the copyrightable work of authorship offered under the terms of this License.
f. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
a. to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
e. "Work" means the copyrightable work of authorship offered under the terms
of this License.
f. "You" means an individual or entity exercising rights under this License
who has not previously violated the terms of this License with respect to
the Work, or who has received express permission from the Licensor to exercise
rights under this License despite a previous violation.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
or restrict any rights arising from fair use, first sale or other limitations
on the exclusive rights of the copyright owner under copyright law or other
applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor
hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for
the duration of the applicable copyright) license to exercise the rights in
the Work as stated below:
a. to reproduce the Work, to incorporate the Work into one or more Collective
Works, and to reproduce the Work as incorporated in the Collective Works;
b. to create and reproduce Derivative Works;
c. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
d. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works;
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved.
4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
a. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any reference to such Licensor or the Original Author, as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any reference to such Licensor or the Original Author, as requested.
b. You may distribute, publicly display, publicly perform, or publicly digitally perform a Derivative Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of each Derivative Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Derivative Works that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder, and You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Derivative Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Derivative Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Derivative Work itself to be made subject to the terms of this License.
c. If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; the title of the Work if supplied; in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
c. to distribute copies or phonorecords of, display publicly, perform publicly,
and perform publicly by means of a digital audio transmission the Work including
as incorporated in Collective Works;
d. to distribute copies or phonorecords of, display publicly, perform publicly,
and perform publicly by means of a digital audio transmission Derivative Works;
The above rights may be exercised in all media and formats whether now known
or hereafter devised. The above rights include the right to make such modifications
as are technically necessary to exercise the rights in other media and formats.
All rights not expressly granted by Licensor are hereby reserved.
4. Restrictions. The license granted in Section 3 above is expressly made
subject to and limited by the following restrictions:
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perform the Work only under the terms of this License, and You must include
a copy of, or the Uniform Resource Identifier for, this License with every
copy or phonorecord of the Work You distribute, publicly display, publicly
perform, or publicly digitally perform. You may not offer or impose any terms
on the Work that alter or restrict the terms of this License or the recipients'
exercise of the rights granted hereunder. You may not sublicense the Work.
You must keep intact all notices that refer to this License and to the disclaimer
of warranties. You may not distribute, publicly display, publicly perform,
or publicly digitally perform the Work with any technological measures that
control access or use of the Work in a manner inconsistent with the terms
of this License Agreement. The above applies to the Work as incorporated in
a Collective Work, but this does not require the Collective Work apart from
the Work itself to be made subject to the terms of this License. If You create
a Collective Work, upon notice from any Licensor You must, to the extent practicable,
remove from the Collective Work any reference to such Licensor or the Original
Author, as requested. If You create a Derivative Work, upon notice from any
Licensor You must, to the extent practicable, remove from the Derivative Work
any reference to such Licensor or the Original Author, as requested.
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include a copy of, or the Uniform Resource Identifier for, this License with
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display, publicly perform, or publicly digitally perform. You may not offer
or impose any terms on the Derivative Works that alter or restrict the terms
of this License or the recipients' exercise of the rights granted hereunder,
and You must keep intact all notices that refer to this License and to the
disclaimer of warranties. You may not distribute, publicly display, publicly
perform, or publicly digitally perform the Derivative Work with any technological
measures that control access or use of the Work in a manner inconsistent with
the terms of this License Agreement. The above applies to the Derivative Work
as incorporated in a Collective Work, but this does not require the Collective
Work apart from the Derivative Work itself to be made subject to the terms
of this License.
c. If you distribute, publicly display, publicly perform, or publicly digitally
perform the Work or any Derivative Works or Collective Works, You must keep
intact all copyright notices for the Work and give the Original Author credit
reasonable to the medium or means You are utilizing by conveying the name
(or pseudonym if applicable) of the Original Author if supplied; the title
of the Work if supplied; in the case of a Derivative Work, a credit identifying
the use of the Work in the Derivative Work (e.g., "French translation of the
Work by Original Author," or "Screenplay based on original Work by Original
Author"). Such credit may be implemented in any reasonable manner; provided,
however, that in the case of a Derivative Work or Collective Work, at a minimum
such credit will appear where any other comparable authorship credit appears
and in a manner at least as prominent as such other comparable authorship
credit.
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AND EXCEPT FOR DAMAGES ARISING FROM LIABILITY TO A THIRD PARTY RESULTING FROM
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a. This License and the rights granted hereunder will terminate automatically
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Licensor offers to the recipient a license to the original Work on the same
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c. If any provision of this License is invalid or unenforceable under applicable
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@ -1,42 +1,240 @@
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1. Definitions
a. "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
b. "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
c. "Licensor" means the individual or entity that offers the Work under the terms of this License.
a. "Collective Work" means a work, such as a periodical issue, anthology or
encyclopedia, in which the Work in its entirety in unmodified form, along
with a number of other contributions, constituting separate and independent
works in themselves, are assembled into a collective whole. A work that constitutes
a Collective Work will not be considered a Derivative Work (as defined below)
for the purposes of this License.
b. "Derivative Work" means a work based upon the Work or upon the Work and
other pre-existing works, such as a translation, musical arrangement, dramatization,
fictionalization, motion picture version, sound recording, art reproduction,
abridgment, condensation, or any other form in which the Work may be recast,
transformed, or adapted, except that a work that constitutes a Collective
Work will not be considered a Derivative Work for the purpose of this License.
For the avoidance of doubt, where the Work is a musical composition or sound
recording, the synchronization of the Work in timed-relation with a moving
image ("synching") will be considered a Derivative Work for the purpose of
this License.
c. "Licensor" means the individual or entity that offers the Work under the
terms of this License.
d. "Original Author" means the individual or entity who created the Work.
e. "Work" means the copyrightable work of authorship offered under the terms of this License.
f. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
g. "License Elements" means the following high-level license attributes as selected by Licensor and indicated in the title of this License: Attribution, ShareAlike.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
a. to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
e. "Work" means the copyrightable work of authorship offered under the terms
of this License.
f. "You" means an individual or entity exercising rights under this License
who has not previously violated the terms of this License with respect to
the Work, or who has received express permission from the Licensor to exercise
rights under this License despite a previous violation.
g. "License Elements" means the following high-level license attributes as
selected by Licensor and indicated in the title of this License: Attribution,
ShareAlike.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
or restrict any rights arising from fair use, first sale or other limitations
on the exclusive rights of the copyright owner under copyright law or other
applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor
hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for
the duration of the applicable copyright) license to exercise the rights in
the Work as stated below:
a. to reproduce the Work, to incorporate the Work into one or more Collective
Works, and to reproduce the Work as incorporated in the Collective Works;
b. to create and reproduce Derivative Works;
c. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
d. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works.
c. to distribute copies or phonorecords of, display publicly, perform publicly,
and perform publicly by means of a digital audio transmission the Work including
as incorporated in Collective Works;
d. to distribute copies or phonorecords of, display publicly, perform publicly,
and perform publicly by means of a digital audio transmission Derivative Works.
e. For the avoidance of doubt, where the work is a musical composition:
i. Performance Royalties Under Blanket Licenses. Licensor waives the exclusive right to collect, whether individually or via a performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital performance (e.g. webcast) of the Work.
ii. Mechanical Rights and Statutory Royalties. Licensor waives the exclusive right to collect, whether individually or via a music rights society or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from the Work ("cover version") and distribute, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions).
f. Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, Licensor waives the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions).
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved.
4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
a. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any reference to such Licensor or the Original Author, as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any reference to such Licensor or the Original Author, as requested.
b. You may distribute, publicly display, publicly perform, or publicly digitally perform a Derivative Work only under the terms of this License, a later version of this License with the same License Elements as this License, or a Creative Commons iCommons license that contains the same License Elements as this License (e.g. Attribution-ShareAlike 2.0 Japan). You must include a copy of, or the Uniform Resource Identifier for, this License or other license specified in the previous sentence with every copy or phonorecord of each Derivative Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Derivative Works that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder, and You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Derivative Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Derivative Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Derivative Work itself to be made subject to the terms of this License.
c. If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
i. Performance Royalties Under Blanket Licenses. Licensor waives the exclusive
right to collect, whether individually or via a performance rights society
(e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital
performance (e.g. webcast) of the Work.
ii. Mechanical Rights and Statutory Royalties. Licensor waives the exclusive
right to collect, whether individually or via a music rights society or designated
agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from
the Work ("cover version") and distribute, subject to the compulsory license
created by 17 USC Section 115 of the US Copyright Act (or the equivalent in
other jurisdictions).
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2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.
2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions
and Limitations apply to Your use, this Public License does not apply, and
You do not need to comply with its terms and conditions.
3. Term. The term of this Public License is specified in Section 6(a).
4. Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.
4. Media and formats; technical modifications allowed. The Licensor authorizes
You to exercise the Licensed Rights in all media and formats whether now known
or hereafter created, and to make technical modifications necessary to do
so. The Licensor waives and/or agrees not to assert any right or authority
to forbid You from making technical modifications necessary to exercise the
Licensed Rights, including technical modifications necessary to circumvent
Effective Technological Measures. For purposes of this Public License, simply
making modifications authorized by this Section 2(a)(4) never produces Adapted
Material.
5. Downstream recipients.
A. Offer from the Licensor Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.
B. Additional offer from the Licensor Adapted Material. Every recipient of Adapted Material from You automatically receives an offer from the Licensor to exercise the Licensed Rights in the Adapted Material under the conditions of the Adapter's License You apply.
C. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
6. No endorsement. Nothing in this Public License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i).
A. Offer from the Licensor Licensed Material. Every recipient of the Licensed
Material automatically receives an offer from the Licensor to exercise the
Licensed Rights under the terms and conditions of this Public License.
B. Additional offer from the Licensor Adapted Material. Every recipient
of Adapted Material from You automatically receives an offer from the Licensor
to exercise the Licensed Rights in the Adapted Material under the conditions
of the Adapter's License You apply.
C. No downstream restrictions. You may not offer or impose any additional
or different terms or conditions on, or apply any Effective Technological
Measures to, the Licensed Material if doing so restricts exercise of the Licensed
Rights by any recipient of the Licensed Material.
6. No endorsement. Nothing in this Public License constitutes or may be construed
as permission to assert or imply that You are, or that Your use of the Licensed
Material is, connected with, or sponsored, endorsed, or granted official status
by, the Licensor or others designated to receive attribution as provided in
Section 3(a)(1)(A)(i).
b. Other rights.
1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
1. Moral rights, such as the right of integrity, are not licensed under this
Public License, nor are publicity, privacy, and/or other similar personality
rights; however, to the extent possible, the Licensor waives and/or agrees
not to assert any such rights held by the Licensor to the limited extent necessary
to allow You to exercise the Licensed Rights, but not otherwise.
2. Patent and trademark rights are not licensed under this Public License.
3. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties.
3. To the extent possible, the Licensor waives any right to collect royalties
from You for the exercise of the Licensed Rights, whether directly or through
a collecting society under any voluntary or waivable statutory or compulsory
licensing scheme. In all other cases the Licensor expressly reserves any right
to collect such royalties.
Section 3 License Conditions.
Your exercise of the Licensed Rights is expressly made subject to the following conditions.
Your exercise of the Licensed Rights is expressly made subject to the following
conditions.
a. Attribution.
1. If You Share the Licensed Material (including in modified form), You must:
A. retain the following if it is supplied by the Licensor with the Licensed Material:
i. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
A. retain the following if it is supplied by the Licensor with the Licensed
Material:
i. identification of the creator(s) of the Licensed Material and any others
designated to receive attribution, in any reasonable manner requested by the
Licensor (including by pseudonym if designated);
ii. a copyright notice;
iii. a notice that refers to this Public License;
iv. a notice that refers to the disclaimer of warranties;
v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
B. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
C. indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.
2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
b. ShareAlike.In addition to the conditions in Section 3(a), if You Share Adapted Material You produce, the following conditions also apply.
1. The Adapter's License You apply must be a Creative Commons license with the same License Elements, this version or later, or a BY-SA Compatible License.
2. You must include the text of, or the URI or hyperlink to, the Adapter's License You apply. You may satisfy this condition in any reasonable manner based on the medium, means, and context in which You Share Adapted Material.
3. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, Adapted Material that restrict exercise of the rights granted under the Adapter's License You apply.
B. indicate if You modified the Licensed Material and retain an indication
of any previous modifications; and
C. indicate the Licensed Material is licensed under this Public License, and
include the text of, or the URI or hyperlink to, this Public License.
2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner
based on the medium, means, and context in which You Share the Licensed Material.
For example, it may be reasonable to satisfy the conditions by providing a
URI or hyperlink to a resource that includes the required information.
3. If requested by the Licensor, You must remove any of the information required
by Section 3(a)(1)(A) to the extent reasonably practicable.
b. ShareAlike.In addition to the conditions in Section 3(a), if You Share
Adapted Material You produce, the following conditions also apply.
1. The Adapter's License You apply must be a Creative Commons license with
the same License Elements, this version or later, or a BY-SA Compatible License.
2. You must include the text of, or the URI or hyperlink to, the Adapter's
License You apply. You may satisfy this condition in any reasonable manner
based on the medium, means, and context in which You Share Adapted Material.
3. You may not offer or impose any additional or different terms or conditions
on, or apply any Effective Technological Measures to, Adapted Material that
restrict exercise of the rights granted under the Adapter's License You apply.
Section 4 Sui Generis Database Rights.
Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:
a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database;
b. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material, including for purposes of Section 3(b); and
c. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database.
For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.
Where the Licensed Rights include Sui Generis Database Rights that apply to
Your use of the Licensed Material:
a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract,
reuse, reproduce, and Share all or a substantial portion of the contents of
the database;
b. if You include all or a substantial portion of the database contents in
a database in which You have Sui Generis Database Rights, then the database
in which You have Sui Generis Database Rights (but not its individual contents)
is Adapted Material, including for purposes of Section 3(b); and
c. You must comply with the conditions in Section 3(a) if You Share all or
a substantial portion of the contents of the database.
For the avoidance of doubt, this Section 4 supplements and does not replace
Your obligations under this Public License where the Licensed Rights include
other Copyright and Similar Rights.
Section 5 Disclaimer of Warranties and Limitation of Liability.
a. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
b. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
c. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
a. Unless otherwise separately undertaken by the Licensor, to the extent possible,
the Licensor offers the Licensed Material as-is and as-available, and makes
no representations or warranties of any kind concerning the Licensed Material,
whether express, implied, statutory, or other. This includes, without limitation,
warranties of title, merchantability, fitness for a particular purpose, non-infringement,
absence of latent or other defects, accuracy, or the presence or absence of
errors, whether or not known or discoverable. Where disclaimers of warranties
are not allowed in full or in part, this disclaimer may not apply to You.
b. To the extent possible, in no event will the Licensor be liable to You
on any legal theory (including, without limitation, negligence) or otherwise
for any direct, special, indirect, incidental, consequential, punitive, exemplary,
or other losses, costs, expenses, or damages arising out of this Public License
or use of the Licensed Material, even if the Licensor has been advised of
the possibility of such losses, costs, expenses, or damages. Where a limitation
of liability is not allowed in full or in part, this limitation may not apply
to You.
c. The disclaimer of warranties and limitation of liability provided above
shall be interpreted in a manner that, to the extent possible, most closely
approximates an absolute disclaimer and waiver of all liability.
Section 6 Term and Termination.
a. This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically.
b. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:
1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
a. This Public License applies for the term of the Copyright and Similar Rights
licensed here. However, if You fail to comply with this Public License, then
Your rights under this Public License terminate automatically.
b. Where Your right to use the Licensed Material has terminated under Section
6(a), it reinstates:
1. automatically as of the date the violation is cured, provided it is cured
within 30 days of Your discovery of the violation; or
2. upon express reinstatement by the Licensor.
c. For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.
d. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License.
c. For the avoidance of doubt, this Section 6(b) does not affect any right
the Licensor may have to seek remedies for Your violations of this Public
License.
d. For the avoidance of doubt, the Licensor may also offer the Licensed Material
under separate terms or conditions or stop distributing the Licensed Material
at any time; however, doing so will not terminate this Public License.
e. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.
Section 7 Other Terms and Conditions.
a. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
b. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.
a. The Licensor shall not be bound by any additional or different terms or
conditions communicated by You unless expressly agreed.
b. Any arrangements, understandings, or agreements regarding the Licensed
Material not stated herein are separate from and independent of the terms
and conditions of this Public License.
Section 8 Interpretation.
a. For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License.
b. To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions.
c. No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
d. Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.
Creative Commons is not a party to its public licenses. Notwithstanding, Creative Commons may elect to apply one of its public licenses to material it publishes and in those instances will be considered the "Licensor." The text of the Creative Commons public licenses is dedicated to the public domain under the CC0 Public Domain Dedication. Except for the limited purpose of indicating that material is shared under a Creative Commons public license or as otherwise permitted by the Creative Commons policies published at creativecommons.org/policies, Creative Commons does not authorize the use of the trademark "Creative Commons" or any other trademark or logo of Creative Commons without its prior written consent including, without limitation, in connection with any unauthorized modifications to any of its public licenses or any other arrangements, understandings, or agreements concerning use of licensed material. For the avoidance of doubt, this paragraph does not form part of the public licenses.
a. For the avoidance of doubt, this Public License does not, and shall not
be interpreted to, reduce, limit, restrict, or impose conditions on any use
of the Licensed Material that could lawfully be made without permission under
this Public License.
b. To the extent possible, if any provision of this Public License is deemed
unenforceable, it shall be automatically reformed to the minimum extent necessary
to make it enforceable. If the provision cannot be reformed, it shall be severed
from this Public License without affecting the enforceability of the remaining
terms and conditions.
c. No term or condition of this Public License will be waived and no failure
to comply consented to unless expressly agreed to by the Licensor.
d. Nothing in this Public License constitutes or may be interpreted as a limitation
upon, or waiver of, any privileges and immunities that apply to the Licensor
or You, including from the legal processes of any jurisdiction or authority.
Creative Commons is not a party to its public licenses. Notwithstanding, Creative
Commons may elect to apply one of its public licenses to material it publishes
and in those instances will be considered the "Licensor." The text of the
Creative Commons public licenses is dedicated to the public domain under the
CC0 Public Domain Dedication. Except for the limited purpose of indicating
that material is shared under a Creative Commons public license or as otherwise
permitted by the Creative Commons policies published at creativecommons.org/policies,
Creative Commons does not authorize the use of the trademark "Creative Commons"
or any other trademark or logo of Creative Commons without its prior written
consent including, without limitation, in connection with any unauthorized
modifications to any of its public licenses or any other arrangements, understandings,
or agreements concerning use of licensed material. For the avoidance of doubt,
this paragraph does not form part of the public licenses.
Creative Commons may be contacted at creativecommons.org.

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@ -1,21 +1,119 @@
Creative Commons Legal Code
CC0 1.0 Universal CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS DOCUMENT DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE USE OF THIS DOCUMENT OR THE INFORMATION OR WORKS PROVIDED HEREUNDER, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM THE USE OF THIS DOCUMENT OR THE INFORMATION OR WORKS PROVIDED HEREUNDER.
CC0 1.0 Universal CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES
NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS DOCUMENT DOES NOT CREATE
AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION
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OF THIS DOCUMENT OR THE INFORMATION OR WORKS PROVIDED HEREUNDER, AND DISCLAIMS
LIABILITY FOR DAMAGES RESULTING FROM THE USE OF THIS DOCUMENT OR THE INFORMATION
OR WORKS PROVIDED HEREUNDER.
Statement of Purpose
The laws of most jurisdictions throughout the world automatically confer exclusive Copyright and Related Rights (defined below) upon the creator and subsequent owner(s) (each and all, an "owner") of an original work of authorship and/or a database (each, a "Work").
Certain owners wish to permanently relinquish those rights to a Work for the purpose of contributing to a commons of creative, cultural and scientific works ("Commons") that the public can reliably and without fear of later claims of infringement build upon, modify, incorporate in other works, reuse and redistribute as freely as possible in any form whatsoever and for any purposes, including without limitation commercial purposes. These owners may contribute to the Commons to promote the ideal of a free culture and the further production of creative, cultural and scientific works, or to gain reputation or greater distribution for their Work in part through the use and efforts of others.
For these and/or other purposes and motivations, and without any expectation of additional consideration or compensation, the person associating CC0 with a Work (the "Affirmer"), to the extent that he or she is an owner of Copyright and Related Rights in the Work, voluntarily elects to apply CC0 to the Work and publicly distribute the Work under its terms, with knowledge of his or her Copyright and Related Rights in the Work and the meaning and intended legal effect of CC0 on those rights.
1. Copyright and Related Rights. A Work made available under CC0 may be protected by copyright and related or neighboring rights ("Copyright and Related Rights"). Copyright and Related Rights include, but are not limited to, the following:
i. the right to reproduce, adapt, distribute, perform, display, communicate, and translate a Work;
The laws of most jurisdictions throughout the world automatically confer exclusive
Copyright and Related Rights (defined below) upon the creator and subsequent
owner(s) (each and all, an "owner") of an original work of authorship and/or
a database (each, a "Work").
Certain owners wish to permanently relinquish those rights to a Work for the
purpose of contributing to a commons of creative, cultural and scientific
works ("Commons") that the public can reliably and without fear of later claims
of infringement build upon, modify, incorporate in other works, reuse and
redistribute as freely as possible in any form whatsoever and for any purposes,
including without limitation commercial purposes. These owners may contribute
to the Commons to promote the ideal of a free culture and the further production
of creative, cultural and scientific works, or to gain reputation or greater
distribution for their Work in part through the use and efforts of others.
For these and/or other purposes and motivations, and without any expectation
of additional consideration or compensation, the person associating CC0 with
a Work (the "Affirmer"), to the extent that he or she is an owner of Copyright
and Related Rights in the Work, voluntarily elects to apply CC0 to the Work
and publicly distribute the Work under its terms, with knowledge of his or
her Copyright and Related Rights in the Work and the meaning and intended
legal effect of CC0 on those rights.
1. Copyright and Related Rights. A Work made available under CC0 may be protected
by copyright and related or neighboring rights ("Copyright and Related Rights").
Copyright and Related Rights include, but are not limited to, the following:
i. the right to reproduce, adapt, distribute, perform, display, communicate,
and translate a Work;
ii. moral rights retained by the original author(s) and/or performer(s);
iii. publicity and privacy rights pertaining to a person's image or likeness depicted in a Work;
iv. rights protecting against unfair competition in regards to a Work, subject to the limitations in paragraph 4(a), below;
v. rights protecting the extraction, dissemination, use and reuse of data in a Work;
vi. database rights (such as those arising under Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, and under any national implementation thereof, including any amended or successor version of such directive); and
vii. other similar, equivalent or corresponding rights throughout the world based on applicable law or treaty, and any national implementations thereof.
2. Waiver. To the greatest extent permitted by, but not in contravention of, applicable law, Affirmer hereby overtly, fully, permanently, irrevocably and unconditionally waives, abandons, and surrenders all of Affirmer's Copyright and Related Rights and associated claims and causes of action, whether now known or unknown (including existing as well as future claims and causes of action), in the Work (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the "Waiver"). Affirmer makes the Waiver for the benefit of each member of the public at large and to the detriment of Affirmer's heirs and successors, fully intending that such Waiver shall not be subject to revocation, rescission, cancellation, termination, or any other legal or equitable action to disrupt the quiet enjoyment of the Work by the public as contemplated by Affirmer's express Statement of Purpose.
3. Public License Fallback. Should any part of the Waiver for any reason be judged legally invalid or ineffective under applicable law, then the Waiver shall be preserved to the maximum extent permitted taking into account Affirmer's express Statement of Purpose. In addition, to the extent the Waiver is so judged Affirmer hereby grants to each affected person a royalty-free, non transferable, non sublicensable, non exclusive, irrevocable and unconditional license to exercise Affirmer's Copyright and Related Rights in the Work (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the "License"). The License shall be deemed effective as of the date CC0 was applied by Affirmer to the Work. Should any part of the License for any reason be judged legally invalid or ineffective under applicable law, such partial invalidity or ineffectiveness shall not invalidate the remainder of the License, and in such case Affirmer hereby affirms that he or she will not (i) exercise any of his or her remaining Copyright and Related Rights in the Work or (ii) assert any associated claims and causes of action with respect to the Work, in either case contrary to Affirmer's express Statement of Purpose.
iii. publicity and privacy rights pertaining to a person's image or likeness
depicted in a Work;
iv. rights protecting against unfair competition in regards to a Work, subject
to the limitations in paragraph 4(a), below;
v. rights protecting the extraction, dissemination, use and reuse of data
in a Work;
vi. database rights (such as those arising under Directive 96/9/EC of the
European Parliament and of the Council of 11 March 1996 on the legal protection
of databases, and under any national implementation thereof, including any
amended or successor version of such directive); and
vii. other similar, equivalent or corresponding rights throughout the world
based on applicable law or treaty, and any national implementations thereof.
2. Waiver. To the greatest extent permitted by, but not in contravention of,
applicable law, Affirmer hereby overtly, fully, permanently, irrevocably and
unconditionally waives, abandons, and surrenders all of Affirmer's Copyright
and Related Rights and associated claims and causes of action, whether now
known or unknown (including existing as well as future claims and causes of
action), in the Work (i) in all territories worldwide, (ii) for the maximum
duration provided by applicable law or treaty (including future time extensions),
(iii) in any current or future medium and for any number of copies, and (iv)
for any purpose whatsoever, including without limitation commercial, advertising
or promotional purposes (the "Waiver"). Affirmer makes the Waiver for the
benefit of each member of the public at large and to the detriment of Affirmer's
heirs and successors, fully intending that such Waiver shall not be subject
to revocation, rescission, cancellation, termination, or any other legal or
equitable action to disrupt the quiet enjoyment of the Work by the public
as contemplated by Affirmer's express Statement of Purpose.
3. Public License Fallback. Should any part of the Waiver for any reason be
judged legally invalid or ineffective under applicable law, then the Waiver
shall be preserved to the maximum extent permitted taking into account Affirmer's
express Statement of Purpose. In addition, to the extent the Waiver is so
judged Affirmer hereby grants to each affected person a royalty-free, non
transferable, non sublicensable, non exclusive, irrevocable and unconditional
license to exercise Affirmer's Copyright and Related Rights in the Work (i)
in all territories worldwide, (ii) for the maximum duration provided by applicable
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(the "License"). The License shall be deemed effective as of the date CC0
was applied by Affirmer to the Work. Should any part of the License for any
reason be judged legally invalid or ineffective under applicable law, such
partial invalidity or ineffectiveness shall not invalidate the remainder of
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4. Limitations and Disclaimers.
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c. Affirmer disclaims responsibility for clearing rights of other persons that may apply to the Work or any use thereof, including without limitation any person's Copyright and Related Rights in the Work. Further, Affirmer disclaims responsibility for obtaining any necessary consents, permissions or other rights required for any use of the Work.
d. Affirmer understands and acknowledges that Creative Commons is not a party to this document and has no duty or obligation with respect to this CC0 or use of the Work.
a. No trademark or patent rights held by Affirmer are waived, abandoned, surrendered,
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including without limitation warranties of title, merchantability, fitness
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all to the greatest extent permissible under applicable law.
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any person's Copyright and Related Rights in the Work. Further, Affirmer disclaims
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COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
Version 1.0
1. Definitions.
1.1. "Contributor" means each individual or entity that creates or contributes to the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Software, prior Modifications used by a Contributor (if any), and the Modifications made by that particular Contributor.
1.3. "Covered Software" means (a) the Original Software, or (b) Modifications, or (c) the combination of files containing Original Software with files containing Modifications, in each case including portions thereof.
1.4. "Executable" means the Covered Software in any form other than Source Code.
1.5. "Initial Developer" means the individual or entity that first makes Original Software available under this License.
1.6. "Larger Work" means a work which combines Covered Software or portions thereof with code not governed by the terms of this License.
1.1. "Contributor" means each individual or entity that creates or contributes
to the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Software,
prior Modifications used by a Contributor (if any), and the Modifications
made by that particular Contributor.
1.3. "Covered Software" means (a) the Original Software, or (b) Modifications,
or (c) the combination of files containing Original Software with files containing
Modifications, in each case including portions thereof.
1.4. "Executable" means the Covered Software in any form other than Source
Code.
1.5. "Initial Developer" means the individual or entity that first makes Original
Software available under this License.
1.6. "Larger Work" means a work which combines Covered Software or portions
thereof with code not governed by the terms of this License.
1.7. "License" means this document.
1.8. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications" means the Source Code and Executable form of any of the following:
A. Any file that results from an addition to, deletion from or modification of the contents of a file containing Original Software or previous Modifications;
B. Any new file that contains any part of the Original Software or previous Modification; or
C. Any new file that is contributed or otherwise made available under the terms of this License.
1.10. "Original Software" means the Source Code and Executable form of computer software code that is originally released under this License.
1.11. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.12. "Source Code" means (a) the common form of computer software code in which modifications are made and (b) associated documentation included in or with such code.
1.13. "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
1.8. "Licensable" means having the right to grant, to the maximum extent possible,
whether at the time of the initial grant or subsequently acquired, any and
all of the rights conveyed herein.
1.9. "Modifications" means the Source Code and Executable form of any of the
following:
A. Any file that results from an addition to, deletion from or modification
of the contents of a file containing Original Software or previous Modifications;
B. Any new file that contains any part of the Original Software or previous
Modification; or
C. Any new file that is contributed or otherwise made available under the
terms of this License.
1.10. "Original Software" means the Source Code and Executable form of computer
software code that is originally released under this License.
1.11. "Patent Claims" means any patent claim(s), now owned or hereafter acquired,
including without limitation, method, process, and apparatus claims, in any
patent Licensable by grantor.
1.12. "Source Code" means (a) the common form of computer software code in
which modifications are made and (b) associated documentation included in
or with such code.
1.13. "You" (or "Your") means an individual or a legal entity exercising rights
under, and complying with all of the terms of, this License. For legal entities,
"You" includes any entity which controls, is controlled by, or is under common
control with You. For purposes of this definition, "control" means (a) the
power, direct or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (b) ownership of more than fifty percent
(50%) of the outstanding shares or beneficial ownership of such entity.
2. License Grants.
2.1. The Initial Developer Grant.
Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, the Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer, to use, reproduce, modify, display, perform, sublicense and distribute the Original Software (or portions thereof), with or without Modifications, and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using or selling of Original Software, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Software (or portions thereof).
(c) The licenses granted in Sections 2.1(a) and (b) are effective on the date Initial Developer first distributes or otherwise makes the Original Software available to a third party under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1) for code that You delete from the Original Software, or (2) for infringements caused by: (i) the modification of the Original Software, or (ii) the combination of the Original Software with other software or devices.
Conditioned upon Your compliance with Section 3.1 below and subject to third
party intellectual property claims, the Initial Developer hereby grants You
a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or trademark) Licensable
by Initial Developer, to use, reproduce, modify, display, perform, sublicense
and distribute the Original Software (or portions thereof), with or without
Modifications, and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using or selling of Original
Software, to make, have made, use, practice, sell, and offer for sale, and/or
otherwise dispose of the Original Software (or portions thereof).
(c) The licenses granted in Sections 2.1(a) and (b) are effective on the date
Initial Developer first distributes or otherwise makes the Original Software
available to a third party under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1)
for code that You delete from the Original Software, or (2) for infringements
caused by: (i) the modification of the Original Software, or (ii) the combination
of the Original Software with other software or devices.
2.2. Contributor Grant.
Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof), either on an unmodified basis, with other Modifications, as Covered Software and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: (1) Modifications made by that Contributor (or portions thereof); and (2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first distributes or otherwise makes the Modifications available to a third party.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1) for any code that Contributor has deleted from the Contributor Version; (2) for infringements caused by: (i) third party modifications of Contributor Version, or (ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or (3) under Patent Claims infringed by Covered Software in the absence of Modifications made by that Contributor.
Conditioned upon Your compliance with Section 3.1 below and subject to third
party intellectual property claims, each Contributor hereby grants You a world-wide,
royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or trademark) Licensable
by Contributor to use, reproduce, modify, display, perform, sublicense and
distribute the Modifications created by such Contributor (or portions thereof),
either on an unmodified basis, with other Modifications, as Covered Software
and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of Modifications
made by that Contributor either alone and/or in combination with its Contributor
Version (or portions of such combination), to make, use, sell, offer for sale,
have made, and/or otherwise dispose of: (1) Modifications made by that Contributor
(or portions thereof); and (2) the combination of Modifications made by that
Contributor with its Contributor Version (or portions of such combination).
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
date Contributor first distributes or otherwise makes the Modifications available
to a third party.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1)
for any code that Contributor has deleted from the Contributor Version; (2)
for infringements caused by: (i) third party modifications of Contributor
Version, or (ii) the combination of Modifications made by that Contributor
with other software (except as part of the Contributor Version) or other devices;
or (3) under Patent Claims infringed by Covered Software in the absence of
Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Availability of Source Code.
Any Covered Software that You distribute or otherwise make available in Executable form must also be made available in Source Code form and that Source Code form must be distributed only under the terms of this License. You must include a copy of this License with every copy of the Source Code form of the Covered Software You distribute or otherwise make available. You must inform recipients of any such Covered Software in Executable form as to how they can obtain such Covered Software in Source Code form in a reasonable manner on or through a medium customarily used for software exchange.
Any Covered Software that You distribute or otherwise make available in Executable
form must also be made available in Source Code form and that Source Code
form must be distributed only under the terms of this License. You must include
a copy of this License with every copy of the Source Code form of the Covered
Software You distribute or otherwise make available. You must inform recipients
of any such Covered Software in Executable form as to how they can obtain
such Covered Software in Source Code form in a reasonable manner on or through
a medium customarily used for software exchange.
3.2. Modifications.
The Modifications that You create or to which You contribute are governed by the terms of this License. You represent that You believe Your Modifications are Your original creation(s) and/or You have sufficient rights to grant the rights conveyed by this License.
The Modifications that You create or to which You contribute are governed
by the terms of this License. You represent that You believe Your Modifications
are Your original creation(s) and/or You have sufficient rights to grant the
rights conveyed by this License.
3.3. Required Notices.
You must include a notice in each of Your Modifications that identifies You as the Contributor of the Modification. You may not remove or alter any copyright, patent or trademark notices contained within the Covered Software, or any notices of licensing or any descriptive text giving attribution to any Contributor or the Initial Developer.
You must include a notice in each of Your Modifications that identifies You
as the Contributor of the Modification. You may not remove or alter any copyright,
patent or trademark notices contained within the Covered Software, or any
notices of licensing or any descriptive text giving attribution to any Contributor
or the Initial Developer.
3.4. Application of Additional Terms.
You may not offer or impose any terms on any Covered Software in Source Code form that alters or restricts the applicable version of this License or the recipients' rights hereunder. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, you may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
You may not offer or impose any terms on any Covered Software in Source Code
form that alters or restricts the applicable version of this License or the
recipients' rights hereunder. You may choose to offer, and to charge a fee
for, warranty, support, indemnity or liability obligations to one or more
recipients of Covered Software. However, you may do so only on Your own behalf,
and not on behalf of the Initial Developer or any Contributor. You must make
it absolutely clear that any such warranty, support, indemnity or liability
obligation is offered by You alone, and You hereby agree to indemnify the
Initial Developer and every Contributor for any liability incurred by the
Initial Developer or such Contributor as a result of warranty, support, indemnity
or liability terms You offer.
3.5. Distribution of Executable Versions.
You may distribute the Executable form of the Covered Software under the terms of this License or under the terms of a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable form does not attempt to limit or alter the recipient's rights in the Source Code form from the rights set forth in this License. If You distribute the Covered Software in Executable form under a different license, You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
You may distribute the Executable form of the Covered Software under the terms
of this License or under the terms of a license of Your choice, which may
contain terms different from this License, provided that You are in compliance
with the terms of this License and that the license for the Executable form
does not attempt to limit or alter the recipient's rights in the Source Code
form from the rights set forth in this License. If You distribute the Covered
Software in Executable form under a different license, You must make it absolutely
clear that any terms which differ from this License are offered by You alone,
not by the Initial Developer or Contributor. You hereby agree to indemnify
the Initial Developer and every Contributor for any liability incurred by
the Initial Developer or such Contributor as a result of any such terms You
offer.
3.6. Larger Works.
You may create a Larger Work by combining Covered Software with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Software.
You may create a Larger Work by combining Covered Software with other code
not governed by the terms of this License and distribute the Larger Work as
a single product. In such a case, You must make sure the requirements of this
License are fulfilled for the Covered Software.
4. Versions of the License.
4.1. New Versions.
Sun Microsystems, Inc. is the initial license steward and may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Except as provided in Section 4.3, no one other than the license steward has the right to modify this License.
Sun Microsystems, Inc. is the initial license steward and may publish revised
and/or new versions of this License from time to time. Each version will be
given a distinguishing version number. Except as provided in Section 4.3,
no one other than the license steward has the right to modify this License.
4.2. Effect of New Versions.
You may always continue to use, distribute or otherwise make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. If the Initial Developer includes a notice in the Original Software prohibiting it from being distributed or otherwise made available under any subsequent version of the License, You must distribute and make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. Otherwise, You may also choose to use, distribute or otherwise make the Covered Software available under the terms of any subsequent version of the License published by the license steward.
You may always continue to use, distribute or otherwise make the Covered Software
available under the terms of the version of the License under which You originally
received the Covered Software. If the Initial Developer includes a notice
in the Original Software prohibiting it from being distributed or otherwise
made available under any subsequent version of the License, You must distribute
and make the Covered Software available under the terms of the version of
the License under which You originally received the Covered Software. Otherwise,
You may also choose to use, distribute or otherwise make the Covered Software
available under the terms of any subsequent version of the License published
by the license steward.
4.3. Modified Versions.
When You are an Initial Developer and You want to create a new license for Your Original Software, You may create and use a modified version of this License if You: (a) rename the license and remove any references to the name of the license steward (except to note that the license differs from this License); and (b) otherwise make it clear that the license contains terms which differ from this License.
When You are an Initial Developer and You want to create a new license for
Your Original Software, You may create and use a modified version of this
License if You: (a) rename the license and remove any references to the name
of the license steward (except to note that the license differs from this
License); and (b) otherwise make it clear that the license contains terms
which differ from this License.
5. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT
FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE
PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
6. TERMINATION.
6.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
6.2. If You assert a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You assert such claim is referred to as "Participant") alleging that the Participant Software (meaning the Contributor Version where the Participant is a Contributor or the Original Software where the Participant is the Initial Developer) directly or indirectly infringes any patent, then any and all rights granted directly or indirectly to You by such Participant, the Initial Developer (if the Initial Developer is not the Participant) and all Contributors under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively and automatically at the expiration of such 60 day notice period, unless if within such 60 day period You withdraw Your claim with respect to the Participant Software against such Participant either unilaterally or pursuant to a written agreement with Participant.
6.3. In the event of termination under Sections 6.1 or 6.2 above, all end user licenses that have been validly granted by You or any distributor hereunder prior to termination (excluding licenses granted to You by any distributor) shall survive termination.
6.1. This License and the rights granted hereunder will terminate automatically
if You fail to comply with terms herein and fail to cure such breach within
30 days of becoming aware of the breach. Provisions which, by their nature,
must remain in effect beyond the termination of this License shall survive.
6.2. If You assert a patent infringement claim (excluding declaratory judgment
actions) against Initial Developer or a Contributor (the Initial Developer
or Contributor against whom You assert such claim is referred to as "Participant")
alleging that the Participant Software (meaning the Contributor Version where
the Participant is a Contributor or the Original Software where the Participant
is the Initial Developer) directly or indirectly infringes any patent, then
any and all rights granted directly or indirectly to You by such Participant,
the Initial Developer (if the Initial Developer is not the Participant) and
all Contributors under Sections 2.1 and/or 2.2 of this License shall, upon
60 days notice from Participant terminate prospectively and automatically
at the expiration of such 60 day notice period, unless if within such 60 day
period You withdraw Your claim with respect to the Participant Software against
such Participant either unilaterally or pursuant to a written agreement with
Participant.
6.3. In the event of termination under Sections 6.1 or 6.2 above, all end
user licenses that have been validly granted by You or any distributor hereunder
prior to termination (excluding licenses granted to You by any distributor)
shall survive termination.
7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER
OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE
OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF
SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION
MAY NOT APPLY TO YOU.
8. U.S. GOVERNMENT END USERS.
The Covered Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" (as that term is defined at 48 C.F.R. § 252.227-7014(a)(1)) and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Software with only those rights set forth herein. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or provision that addresses Government rights in computer software under this License.
The Covered Software is a "commercial item," as that term is defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" (as
that term is defined at 48 C.F.R. § 252.227-7014(a)(1)) and "commercial computer
software documentation" as such terms are used in 48 C.F.R. 12.212 (Sept.
1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
(June 1995), all U.S. Government End Users acquire Covered Software with only
those rights set forth herein. This U.S. Government Rights clause is in lieu
of, and supersedes, any other FAR, DFAR, or other clause or provision that
addresses Government rights in computer software under this License.
9. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by the law of the jurisdiction specified in a notice contained within the Original Software (except to the extent applicable law, if any, provides otherwise), excluding such jurisdiction's conflict-of-law provisions. Any litigation relating to this License shall be subject to the jurisdiction of the courts located in the jurisdiction and venue specified in a notice contained within the Original Software, with the losing party responsible for costs, including, without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License. You agree that You alone are responsible for compliance with the United States export administration regulations (and the export control laws and regulation of any other countries) when You use, distribute or otherwise make available any Covered Software.
This License represents the complete agreement concerning subject matter hereof.
If any provision of this License is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make it enforceable. This
License shall be governed by the law of the jurisdiction specified in a notice
contained within the Original Software (except to the extent applicable law,
if any, provides otherwise), excluding such jurisdiction's conflict-of-law
provisions. Any litigation relating to this License shall be subject to the
jurisdiction of the courts located in the jurisdiction and venue specified
in a notice contained within the Original Software, with the losing party
responsible for costs, including, without limitation, court costs and reasonable
attorneys' fees and expenses. The application of the United Nations Convention
on Contracts for the International Sale of Goods is expressly excluded. Any
law or regulation which provides that the language of a contract shall be
construed against the drafter shall not apply to this License. You agree that
You alone are responsible for compliance with the United States export administration
regulations (and the export control laws and regulation of any other countries)
when You use, distribute or otherwise make available any Covered Software.
10. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
As between Initial Developer and the Contributors, each party is responsible
for claims and damages arising, directly or indirectly, out of its utilization
of rights under this License and You agree to work with Initial Developer
and Contributors to distribute such responsibility on an equitable basis.
Nothing herein is intended or shall be deemed to constitute any admission
of liability.

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@ -1,69 +1,326 @@
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
Version 1.1
1. Definitions.
1.1. "Contributor" means each individual or entity that creates or contributes to the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Software, prior Modifications used by a Contributor (if any), and the Modifications made by that particular Contributor.
1.3. "Covered Software" means (a) the Original Software, or (b) Modifications, or (c) the combination of files containing Original Software with files containing Modifications, in each case including portions thereof.
1.4. "Executable" means the Covered Software in any form other than Source Code.
1.5. "Initial Developer" means the individual or entity that first makes Original Software available under this License.
1.6. "Larger Work" means a work which combines Covered Software or portions thereof with code not governed by the terms of this License.
1.1. "Contributor" means each individual or entity that creates or contributes
to the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Software,
prior Modifications used by a Contributor (if any), and the Modifications
made by that particular Contributor.
1.3. "Covered Software" means (a) the Original Software, or (b) Modifications,
or (c) the combination of files containing Original Software with files containing
Modifications, in each case including portions thereof.
1.4. "Executable" means the Covered Software in any form other than Source
Code.
1.5. "Initial Developer" means the individual or entity that first makes Original
Software available under this License.
1.6. "Larger Work" means a work which combines Covered Software or portions
thereof with code not governed by the terms of this License.
1.7. "License" means this document.
1.8. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications" means the Source Code and Executable form of any of the following:
A. Any file that results from an addition to, deletion from or modification of the contents of a file containing Original Software or previous Modifications;
B. Any new file that contains any part of the Original Software or previous Modification; or
C. Any new file that is contributed or otherwise made available under the terms of this License.
1.10. "Original Software" means the Source Code and Executable form of computer software code that is originally released under this License.
1.11. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.12. "Source Code" means (a) the common form of computer software code in which modifications are made and (b) associated documentation included in or with such code.
1.13. "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
1.8. "Licensable" means having the right to grant, to the maximum extent possible,
whether at the time of the initial grant or subsequently acquired, any and
all of the rights conveyed herein.
1.9. "Modifications" means the Source Code and Executable form of any of the
following:
A. Any file that results from an addition to, deletion from or modification
of the contents of a file containing Original Software or previous Modifications;
B. Any new file that contains any part of the Original Software or previous
Modification; or
C. Any new file that is contributed or otherwise made available under the
terms of this License.
1.10. "Original Software" means the Source Code and Executable form of computer
software code that is originally released under this License.
1.11. "Patent Claims" means any patent claim(s), now owned or hereafter acquired,
including without limitation, method, process, and apparatus claims, in any
patent Licensable by grantor.
1.12. "Source Code" means (a) the common form of computer software code in
which modifications are made and (b) associated documentation included in
or with such code.
1.13. "You" (or "Your") means an individual or a legal entity exercising rights
under, and complying with all of the terms of, this License. For legal entities,
"You" includes any entity which controls, is controlled by, or is under common
control with You. For purposes of this definition, "control" means (a) the
power, direct or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (b) ownership of more than fifty percent
(50%) of the outstanding shares or beneficial ownership of such entity.
2. License Grants.
2.1. The Initial Developer Grant.
Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, the Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer, to use, reproduce, modify, display, perform, sublicense and distribute the Original Software (or portions thereof), with or without Modifications, and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using or selling of Original Software, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Software (or portions thereof).
(c) The licenses granted in Sections 2.1(a) and (b) are effective on the date Initial Developer first distributes or otherwise makes the Original Software available to a third party under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1) for code that You delete from the Original Software, or (2) for infringements caused by: (i) the modification of the Original Software, or (ii) the combination of the Original Software with other software or devices.
Conditioned upon Your compliance with Section 3.1 below and subject to third
party intellectual property claims, the Initial Developer hereby grants You
a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or trademark) Licensable
by Initial Developer, to use, reproduce, modify, display, perform, sublicense
and distribute the Original Software (or portions thereof), with or without
Modifications, and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using or selling of Original
Software, to make, have made, use, practice, sell, and offer for sale, and/or
otherwise dispose of the Original Software (or portions thereof).
(c) The licenses granted in Sections 2.1(a) and (b) are effective on the date
Initial Developer first distributes or otherwise makes the Original Software
available to a third party under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1)
for code that You delete from the Original Software, or (2) for infringements
caused by: (i) the modification of the Original Software, or (ii) the combination
of the Original Software with other software or devices.
2.2. Contributor Grant.
Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof), either on an unmodified basis, with other Modifications, as Covered Software and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: (1) Modifications made by that Contributor (or portions thereof); and (2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first distributes or otherwise makes the Modifications available to a third party.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1) for any code that Contributor has deleted from the Contributor Version; (2) for infringements caused by: (i) third party modifications of Contributor Version, or (ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or (3) under Patent Claims infringed by Covered Software in the absence of Modifications made by that Contributor.
Conditioned upon Your compliance with Section 3.1 below and subject to third
party intellectual property claims, each Contributor hereby grants You a world-wide,
royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or trademark) Licensable
by Contributor to use, reproduce, modify, display, perform, sublicense and
distribute the Modifications created by such Contributor (or portions thereof),
either on an unmodified basis, with other Modifications, as Covered Software
and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of Modifications
made by that Contributor either alone and/or in combination with its Contributor
Version (or portions of such combination), to make, use, sell, offer for sale,
have made, and/or otherwise dispose of: (1) Modifications made by that Contributor
(or portions thereof); and (2) the combination of Modifications made by that
Contributor with its Contributor Version (or portions of such combination).
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
date Contributor first distributes or otherwise makes the Modifications available
to a third party.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1)
for any code that Contributor has deleted from the Contributor Version; (2)
for infringements caused by: (i) third party modifications of Contributor
Version, or (ii) the combination of Modifications made by that Contributor
with other software (except as part of the Contributor Version) or other devices;
or (3) under Patent Claims infringed by Covered Software in the absence of
Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Availability of Source Code.
Any Covered Software that You distribute or otherwise make available in Executable form must also be made available in Source Code form and that Source Code form must be distributed only under the terms of this License. You must include a copy of this License with every copy of the Source Code form of the Covered Software You distribute or otherwise make available. You must inform recipients of any such Covered Software in Executable form as to how they can obtain such Covered Software in Source Code form in a reasonable manner on or through a medium customarily used for software exchange.
Any Covered Software that You distribute or otherwise make available in Executable
form must also be made available in Source Code form and that Source Code
form must be distributed only under the terms of this License. You must include
a copy of this License with every copy of the Source Code form of the Covered
Software You distribute or otherwise make available. You must inform recipients
of any such Covered Software in Executable form as to how they can obtain
such Covered Software in Source Code form in a reasonable manner on or through
a medium customarily used for software exchange.
3.2. Modifications.
The Modifications that You create or to which You contribute are governed by the terms of this License. You represent that You believe Your Modifications are Your original creation(s) and/or You have sufficient rights to grant the rights conveyed by this License.
The Modifications that You create or to which You contribute are governed
by the terms of this License. You represent that You believe Your Modifications
are Your original creation(s) and/or You have sufficient rights to grant the
rights conveyed by this License.
3.3. Required Notices.
You must include a notice in each of Your Modifications that identifies You as the Contributor of the Modification. You may not remove or alter any copyright, patent or trademark notices contained within the Covered Software, or any notices of licensing or any descriptive text giving attribution to any Contributor or the Initial Developer.
You must include a notice in each of Your Modifications that identifies You
as the Contributor of the Modification. You may not remove or alter any copyright,
patent or trademark notices contained within the Covered Software, or any
notices of licensing or any descriptive text giving attribution to any Contributor
or the Initial Developer.
3.4. Application of Additional Terms.
You may not offer or impose any terms on any Covered Software in Source Code form that alters or restricts the applicable version of this License or the recipients' rights hereunder. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, you may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
You may not offer or impose any terms on any Covered Software in Source Code
form that alters or restricts the applicable version of this License or the
recipients' rights hereunder. You may choose to offer, and to charge a fee
for, warranty, support, indemnity or liability obligations to one or more
recipients of Covered Software. However, you may do so only on Your own behalf,
and not on behalf of the Initial Developer or any Contributor. You must make
it absolutely clear that any such warranty, support, indemnity or liability
obligation is offered by You alone, and You hereby agree to indemnify the
Initial Developer and every Contributor for any liability incurred by the
Initial Developer or such Contributor as a result of warranty, support, indemnity
or liability terms You offer.
3.5. Distribution of Executable Versions.
You may distribute the Executable form of the Covered Software under the terms of this License or under the terms of a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable form does not attempt to limit or alter the recipient's rights in the Source Code form from the rights set forth in this License. If You distribute the Covered Software in Executable form under a different license, You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
You may distribute the Executable form of the Covered Software under the terms
of this License or under the terms of a license of Your choice, which may
contain terms different from this License, provided that You are in compliance
with the terms of this License and that the license for the Executable form
does not attempt to limit or alter the recipient's rights in the Source Code
form from the rights set forth in this License. If You distribute the Covered
Software in Executable form under a different license, You must make it absolutely
clear that any terms which differ from this License are offered by You alone,
not by the Initial Developer or Contributor. You hereby agree to indemnify
the Initial Developer and every Contributor for any liability incurred by
the Initial Developer or such Contributor as a result of any such terms You
offer.
3.6. Larger Works.
You may create a Larger Work by combining Covered Software with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Software.
You may create a Larger Work by combining Covered Software with other code
not governed by the terms of this License and distribute the Larger Work as
a single product. In such a case, You must make sure the requirements of this
License are fulfilled for the Covered Software.
4. Versions of the License.
4.1. New Versions.
Oracle is the initial license steward and may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Except as provided in Section 4.3, no one other than the license steward has the right to modify this License.
Oracle is the initial license steward and may publish revised and/or new versions
of this License from time to time. Each version will be given a distinguishing
version number. Except as provided in Section 4.3, no one other than the license
steward has the right to modify this License.
4.2. Effect of New Versions.
You may always continue to use, distribute or otherwise make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. If the Initial Developer includes a notice in the Original Software prohibiting it from being distributed or otherwise made available under any subsequent version of the License, You must distribute and make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. Otherwise, You may also choose to use, distribute or otherwise make the Covered Software available under the terms of any subsequent version of the License published by the license steward.
You may always continue to use, distribute or otherwise make the Covered Software
available under the terms of the version of the License under which You originally
received the Covered Software. If the Initial Developer includes a notice
in the Original Software prohibiting it from being distributed or otherwise
made available under any subsequent version of the License, You must distribute
and make the Covered Software available under the terms of the version of
the License under which You originally received the Covered Software. Otherwise,
You may also choose to use, distribute or otherwise make the Covered Software
available under the terms of any subsequent version of the License published
by the license steward.
4.3. Modified Versions.
When You are an Initial Developer and You want to create a new license for Your Original Software, You may create and use a modified version of this License if You: (a) rename the license and remove any references to the name of the license steward (except to note that the license differs from this License); and (b) otherwise make it clear that the license contains terms which differ from this License.
When You are an Initial Developer and You want to create a new license for
Your Original Software, You may create and use a modified version of this
License if You: (a) rename the license and remove any references to the name
of the license steward (except to note that the license differs from this
License); and (b) otherwise make it clear that the license contains terms
which differ from this License.
5. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT
FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE
PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
6. TERMINATION.
6.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
6.2. If You assert a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You assert such claim is referred to as "Participant") alleging that the Participant Software (meaning the Contributor Version where the Participant is a Contributor or the Original Software where the Participant is the Initial Developer) directly or indirectly infringes any patent, then any and all rights granted directly or indirectly to You by such Participant, the Initial Developer (if the Initial Developer is not the Participant) and all Contributors under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively and automatically at the expiration of such 60 day notice period, unless if within such 60 day period You withdraw Your claim with respect to the Participant Software against such Participant either unilaterally or pursuant to a written agreement with Participant.
6.3. If You assert a patent infringement claim against Participant alleging that the Participant Software directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
6.4. In the event of termination under Sections 6.1 or 6.2 above, all end user licenses that have been validly granted by You or any distributor hereunder prior to termination (excluding licenses granted to You by any distributor) shall survive termination.
6.1. This License and the rights granted hereunder will terminate automatically
if You fail to comply with terms herein and fail to cure such breach within
30 days of becoming aware of the breach. Provisions which, by their nature,
must remain in effect beyond the termination of this License shall survive.
6.2. If You assert a patent infringement claim (excluding declaratory judgment
actions) against Initial Developer or a Contributor (the Initial Developer
or Contributor against whom You assert such claim is referred to as "Participant")
alleging that the Participant Software (meaning the Contributor Version where
the Participant is a Contributor or the Original Software where the Participant
is the Initial Developer) directly or indirectly infringes any patent, then
any and all rights granted directly or indirectly to You by such Participant,
the Initial Developer (if the Initial Developer is not the Participant) and
all Contributors under Sections 2.1 and/or 2.2 of this License shall, upon
60 days notice from Participant terminate prospectively and automatically
at the expiration of such 60 day notice period, unless if within such 60 day
period You withdraw Your claim with respect to the Participant Software against
such Participant either unilaterally or pursuant to a written agreement with
Participant.
6.3. If You assert a patent infringement claim against Participant alleging
that the Participant Software directly or indirectly infringes any patent
where such claim is resolved (such as by license or settlement) prior to the
initiation of patent infringement litigation, then the reasonable value of
the licenses granted by such Participant under Sections 2.1 or 2.2 shall be
taken into account in determining the amount or value of any payment or license.
6.4. In the event of termination under Sections 6.1 or 6.2 above, all end
user licenses that have been validly granted by You or any distributor hereunder
prior to termination (excluding licenses granted to You by any distributor)
shall survive termination.
7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER
OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL
HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO
YOU.
8. U.S. GOVERNMENT END USERS.
The Covered Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" (as that term is defined at 48 C.F.R. § 252.227-7014(a)(1)) and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Software with only those rights set forth herein. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or provision that addresses Government rights in computer software under this License.
The Covered Software is a "commercial item," as that term is defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" (as
that term is defined at 48 C.F.R. § 252.227-7014(a)(1)) and "commercial computer
software documentation" as such terms are used in 48 C.F.R. 12.212 (Sept.
1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
(June 1995), all U.S. Government End Users acquire Covered Software with only
those rights set forth herein. This U.S. Government Rights clause is in lieu
of, and supersedes, any other FAR, DFAR, or other clause or provision that
addresses Government rights in computer software under this License.
9. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by the law of the jurisdiction specified in a notice contained within the Original Software (except to the extent applicable law, if any, provides otherwise), excluding such jurisdiction's conflict-of-law provisions. Any litigation relating to this License shall be subject to the jurisdiction of the courts located in the jurisdiction and venue specified in a notice contained within the Original Software, with the losing party responsible for costs, including, without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License. You agree that You alone are responsible for compliance with the United States export administration regulations (and the export control laws and regulation of any other countries) when You use, distribute or otherwise make available any Covered Software.
This License represents the complete agreement concerning subject matter hereof.
If any provision of this License is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make it enforceable. This
License shall be governed by the law of the jurisdiction specified in a notice
contained within the Original Software (except to the extent applicable law,
if any, provides otherwise), excluding such jurisdiction's conflict-of-law
provisions. Any litigation relating to this License shall be subject to the
jurisdiction of the courts located in the jurisdiction and venue specified
in a notice contained within the Original Software, with the losing party
responsible for costs, including, without limitation, court costs and reasonable
attorneys' fees and expenses. The application of the United Nations Convention
on Contracts for the International Sale of Goods is expressly excluded. Any
law or regulation which provides that the language of a contract shall be
construed against the drafter shall not apply to this License. You agree that
You alone are responsible for compliance with the United States export administration
regulations (and the export control laws and regulation of any other countries)
when You use, distribute or otherwise make available any Covered Software.
10. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
The code released under the CDDL shall be governed by the laws of the State of California (excluding conflict-of-law provisions). Any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California and the state courts of the State of California, with venue lying in Santa Clara County, California.
As between Initial Developer and the Contributors, each party is responsible
for claims and damages arising, directly or indirectly, out of its utilization
of rights under this License and You agree to work with Initial Developer
and Contributors to distribute such responsibility on an equitable basis.
Nothing herein is intended or shall be deemed to constitute any admission
of liability.
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE
(CDDL)
The code released under the CDDL shall be governed by the laws of the State
of California (excluding conflict-of-law provisions). Any litigation relating
to this License shall be subject to the jurisdiction of the Federal Courts
of the Northern District of California and the state courts of the State of
California, with venue lying in Santa Clara County, California.

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@ -1,43 +1,195 @@
Community Data License Agreement - Permissive - Version 1.0
This is the Community Data License Agreement - Permissive, Version 1.0 ("Agreement"). Data is provided to You under this Agreement by each of the Data Providers. Your exercise of any of the rights and permissions granted below constitutes Your acceptance and agreement to be bound by the terms and conditions of this Agreement.
The benefits that each Data Provider receives from making Data available and that You receive from Data or otherwise under these terms and conditions shall be deemed sufficient consideration for the formation of this Agreement. Accordingly, Data Provider(s) and You (the "Parties") agree as follows:
This is the Community Data License Agreement - Permissive, Version 1.0 ("Agreement").
Data is provided to You under this Agreement by each of the Data Providers.
Your exercise of any of the rights and permissions granted below constitutes
Your acceptance and agreement to be bound by the terms and conditions of this
Agreement.
The benefits that each Data Provider receives from making Data available and
that You receive from Data or otherwise under these terms and conditions shall
be deemed sufficient consideration for the formation of this Agreement. Accordingly,
Data Provider(s) and You (the "Parties") agree as follows:
Section 1. Definitions
1.1 "Add" means to supplement Data with Your own or someone else's Data, resulting in Your "Additions." Additions do not include Results.
1.2 "Computational Use" means Your analysis (through the use of computational devices or otherwise) or other interpretation of Data. By way of example and not limitation, "Computational Use" includes the application of any computational analytical technique, the purpose of which is the analysis of any Data in digital form to generate information about Data such as patterns, trends, correlations, inferences, insights and attributes.
1.3 "Data" means the information (including copyrightable information, such as images or text), collectively or individually, whether created or gathered by a Data Provider or an Entity acting on its behalf, to which rights are granted under this Agreement.
1.4 "Data Provider" means any Entity (including any employee or contractor of such Entity authorized to Publish Data on behalf of such Entity) that Publishes Data under this Agreement prior to Your Receiving it.
1.5 "Enhanced Data" means the subset of Data that You Publish and that is composed of (a) Your Additions and/or (b) Modifications to Data You have received under this Agreement.
1.6 "Entity" means any natural person or organization that exists under the laws of the jurisdiction in which it is organized, together with all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (a) the power, directly or indirectly, to cause the direction or management of such entity, whether by contract or otherwise, (b) the ownership of more than fifty percent (50%) of the outstanding shares or securities, (c) the beneficial ownership of such entity or, (d) the ability to appoint, whether by agreement or right, the majority of directors of an Entity.
1.7 "Modify" means to delete, erase, correct or re-arrange Data, resulting in "Modifications." Modifications do not include Results.
1.8 "Publish" means to make all or a subset of Data (including Your Enhanced Data) available in any manner which enables its Use, including by providing a copy on physical media or remote access. For any form of Entity, that is to make the Data available to any individual who is not employed by that Entity or engaged as a contractor or agent to perform work on that Entity's behalf. A "Publication" occurs each time You Publish Data.
1.9 "Receive" or "Receives" means to have been given access to Data, locally or remotely.
1.10 "Results" means the outcomes or outputs that You obtain from Your Computational Use of Data. Results shall not include more than a de minimis portion of the Data on which the Computational Use is based.
1.11 "Sui Generis Database Rights" means rights, other than copyright, resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other equivalent rights anywhere in the world.
1.12 "Use" means using Data (including accessing, copying, studying, reviewing, adapting, analyzing, evaluating, or making Computational Use of it), either by machines or humans, or a combination of both.
1.1 "Add" means to supplement Data with Your own or someone else's Data, resulting
in Your "Additions." Additions do not include Results.
1.2 "Computational Use" means Your analysis (through the use of computational
devices or otherwise) or other interpretation of Data. By way of example and
not limitation, "Computational Use" includes the application of any computational
analytical technique, the purpose of which is the analysis of any Data in
digital form to generate information about Data such as patterns, trends,
correlations, inferences, insights and attributes.
1.3 "Data" means the information (including copyrightable information, such
as images or text), collectively or individually, whether created or gathered
by a Data Provider or an Entity acting on its behalf, to which rights are
granted under this Agreement.
1.4 "Data Provider" means any Entity (including any employee or contractor
of such Entity authorized to Publish Data on behalf of such Entity) that Publishes
Data under this Agreement prior to Your Receiving it.
1.5 "Enhanced Data" means the subset of Data that You Publish and that is
composed of (a) Your Additions and/or (b) Modifications to Data You have received
under this Agreement.
1.6 "Entity" means any natural person or organization that exists under the
laws of the jurisdiction in which it is organized, together with all other
entities that control, are controlled by, or are under common control with
that entity. For the purposes of this definition, "control" means (a) the
power, directly or indirectly, to cause the direction or management of such
entity, whether by contract or otherwise, (b) the ownership of more than fifty
percent (50%) of the outstanding shares or securities, (c) the beneficial
ownership of such entity or, (d) the ability to appoint, whether by agreement
or right, the majority of directors of an Entity.
1.7 "Modify" means to delete, erase, correct or re-arrange Data, resulting
in "Modifications." Modifications do not include Results.
1.8 "Publish" means to make all or a subset of Data (including Your Enhanced
Data) available in any manner which enables its Use, including by providing
a copy on physical media or remote access. For any form of Entity, that is
to make the Data available to any individual who is not employed by that Entity
or engaged as a contractor or agent to perform work on that Entity's behalf.
A "Publication" occurs each time You Publish Data.
1.9 "Receive" or "Receives" means to have been given access to Data, locally
or remotely.
1.10 "Results" means the outcomes or outputs that You obtain from Your Computational
Use of Data. Results shall not include more than a de minimis portion of the
Data on which the Computational Use is based.
1.11 "Sui Generis Database Rights" means rights, other than copyright, resulting
from Directive 96/9/EC of the European Parliament and of the Council of 11
March 1996 on the legal protection of databases, as amended and/or succeeded,
as well as other equivalent rights anywhere in the world.
1.12 "Use" means using Data (including accessing, copying, studying, reviewing,
adapting, analyzing, evaluating, or making Computational Use of it), either
by machines or humans, or a combination of both.
1.13 "You" or "Your" means any Entity that Receives Data under this Agreement.
Section 2. Right and License to Use and to Publish
2.1 Subject to the conditions set forth in Section 3 of this Agreement, Data Provider(s) hereby grant(s) to You a worldwide, non-exclusive, irrevocable (except as provided in Section 5) right to: (a) Use Data; and (b) Publish Data.
2.2 To the extent that the Data or the coordination, selection or arrangement of Data is protected or protectable under copyright, Sui Generis Database Rights, or other law, Data Provider(s) further agree(s) that such Data or coordination, selection or arrangement is hereby licensed to You and to anyone else who Receives Data under this Agreement for Use and Publication, subject to the conditions set forth in Section 3 of this Agreement.
2.3 Except for these rights and licenses expressly granted, no other intellectual property rights are granted or should be implied.
2.1 Subject to the conditions set forth in Section 3 of this Agreement, Data
Provider(s) hereby grant(s) to You a worldwide, non-exclusive, irrevocable
(except as provided in Section 5) right to: (a) Use Data; and (b) Publish
Data.
2.2 To the extent that the Data or the coordination, selection or arrangement
of Data is protected or protectable under copyright, Sui Generis Database
Rights, or other law, Data Provider(s) further agree(s) that such Data or
coordination, selection or arrangement is hereby licensed to You and to anyone
else who Receives Data under this Agreement for Use and Publication, subject
to the conditions set forth in Section 3 of this Agreement.
2.3 Except for these rights and licenses expressly granted, no other intellectual
property rights are granted or should be implied.
Section 3. Conditions on Rights Granted
3.1 If You Publish Data You Receive or Enhanced Data:
(a) You may do so under a license of Your choice provided that You give anyone who Receives the Data from You the text of this Agreement, the name of this Agreement and/or a hyperlink or other method reasonably likely to provide a copy of the text of this Agreement; and
(b) You must cause any Data files containing Enhanced Data to carry prominent notices that You have changed those files; and
(c) If You Publish Data You Receive, You must preserve all credit or attribution to the Data Provider(s). Such retained credit or attribution includes any of the following to the extent they exist in Data as You have Received it: legal notices or metadata; identification of the Data Provider(s); or hyperlinks to Data to the extent it is practical to do so.
3.2 You may provide additional or different license terms and conditions for use, reproduction, or distribution of that Enhanced Data, or for any combination of Data and Enhanced Data as a whole, provided that Your Use and Publication of that combined Data otherwise complies with the conditions stated in this License.
3.3 You and each Data Provider agree that Enhanced Data shall not be considered a work of joint authorship by virtue of its relationship to Data licensed under this Agreement and shall not require either any obligation of accounting to or the consent of any Data Provider.
3.4 This Agreement imposes no obligations or restrictions on Your Use or Publication of Results.
(a) You may do so under a license of Your choice provided that You give anyone
who Receives the Data from You the text of this Agreement, the name of this
Agreement and/or a hyperlink or other method reasonably likely to provide
a copy of the text of this Agreement; and
(b) You must cause any Data files containing Enhanced Data to carry prominent
notices that You have changed those files; and
(c) If You Publish Data You Receive, You must preserve all credit or attribution
to the Data Provider(s). Such retained credit or attribution includes any
of the following to the extent they exist in Data as You have Received it:
legal notices or metadata; identification of the Data Provider(s); or hyperlinks
to Data to the extent it is practical to do so.
3.2 You may provide additional or different license terms and conditions for
use, reproduction, or distribution of that Enhanced Data, or for any combination
of Data and Enhanced Data as a whole, provided that Your Use and Publication
of that combined Data otherwise complies with the conditions stated in this
License.
3.3 You and each Data Provider agree that Enhanced Data shall not be considered
a work of joint authorship by virtue of its relationship to Data licensed
under this Agreement and shall not require either any obligation of accounting
to or the consent of any Data Provider.
3.4 This Agreement imposes no obligations or restrictions on Your Use or Publication
of Results.
Section 4. Data Provider(s)' Representations
4.1 Each Data Provider represents that the Data Provider has exercised reasonable care, to assure that: (a) the Data it Publishes was created or generated by it or was obtained from others with the right to Publish the Data under this Agreement; and (b) Publication of such Data does not violate any privacy or confidentiality obligation undertaken by the Data Provider.
4.1 Each Data Provider represents that the Data Provider has exercised reasonable
care, to assure that: (a) the Data it Publishes was created or generated by
it or was obtained from others with the right to Publish the Data under this
Agreement; and (b) Publication of such Data does not violate any privacy or
confidentiality obligation undertaken by the Data Provider.
Section 5. Termination
5.1 All of Your rights under this Agreement will terminate, and Your right to Receive, Use or Publish the Data will be revoked or modified if You materially fail to comply with the terms and conditions of this Agreement and You do not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If Your rights under this Agreement terminate, You agree to cease Receipt, Use and Publication of Data. However, Your obligations and any rights and permissions granted by You under this Agreement relating to Data that You Published prior to such termination will continue and survive.
5.2 If You institute litigation against a Data Provider or anyone else who Receives the Data (including a cross-claim in a lawsuit) based on the Data, other than a claim asserting breach of this Agreement, then any rights previously granted to You to Receive, Use and Publish Data under this Agreement will terminate as of the date such litigation is filed.
5.1 All of Your rights under this Agreement will terminate, and Your right
to Receive, Use or Publish the Data will be revoked or modified if You materially
fail to comply with the terms and conditions of this Agreement and You do
not cure such failure in a reasonable period of time after becoming aware
of such noncompliance. If Your rights under this Agreement terminate, You
agree to cease Receipt, Use and Publication of Data. However, Your obligations
and any rights and permissions granted by You under this Agreement relating
to Data that You Published prior to such termination will continue and survive.
5.2 If You institute litigation against a Data Provider or anyone else who
Receives the Data (including a cross-claim in a lawsuit) based on the Data,
other than a claim asserting breach of this Agreement, then any rights previously
granted to You to Receive, Use and Publish Data under this Agreement will
terminate as of the date such litigation is filed.
Section 6. Disclaimer of Warranties and Limitation of Liability
6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE DATA (INCLUDING ENHANCED DATA) IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.2 NEITHER YOU NOR ANY DATA PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE DATA OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE DATA (INCLUDING ENHANCED
DATA) IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF
ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
6.2 NEITHER YOU NOR ANY DATA PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE DATA OR THE EXERCISE
OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Section 7. Miscellaneous
7.1 You agree that it is solely Your responsibility to comply with all applicable laws with regard to Your Use or Publication of Data, including any applicable privacy, data protection, security and export laws. You agree to take reasonable steps to assist a Data Provider fulfilling responsibilities to comply with applicable laws with regard to Use or Publication of Data Received hereunder.
7.2 You and Data Provider(s), collectively and individually, waive and/or agree not to assert, to the extent permitted by law, any moral rights You or they hold in Data.
7.3 This Agreement confers no rights or remedies upon any person or entity other than the Parties and their respective heirs, executors, successors and assigns.
7.4 The Data Provider(s) reserve no right or expectation of privacy, data protection or confidentiality in any Data that they Publish under this Agreement. If You choose to Publish Data under this Agreement, You similarly do so with no reservation or expectation of any rights of privacy or confidentiality in that Data.
7.5 The Community Data License Agreement workgroup under The Linux Foundation is the steward of this Agreement ("Steward"). No one other than the Steward has the right to modify or publish new versions of this Agreement. Each version will be given a distinguishing version number. You may Use and Publish Data Received hereunder under the terms of the version of the Agreement under which You originally Received the Data, or under the terms of any subsequent version published by the Steward.
7.1 You agree that it is solely Your responsibility to comply with all applicable
laws with regard to Your Use or Publication of Data, including any applicable
privacy, data protection, security and export laws. You agree to take reasonable
steps to assist a Data Provider fulfilling responsibilities to comply with
applicable laws with regard to Use or Publication of Data Received hereunder.
7.2 You and Data Provider(s), collectively and individually, waive and/or
agree not to assert, to the extent permitted by law, any moral rights You
or they hold in Data.
7.3 This Agreement confers no rights or remedies upon any person or entity
other than the Parties and their respective heirs, executors, successors and
assigns.
7.4 The Data Provider(s) reserve no right or expectation of privacy, data
protection or confidentiality in any Data that they Publish under this Agreement.
If You choose to Publish Data under this Agreement, You similarly do so with
no reservation or expectation of any rights of privacy or confidentiality
in that Data.
7.5 The Community Data License Agreement workgroup under The Linux Foundation
is the steward of this Agreement ("Steward"). No one other than the Steward
has the right to modify or publish new versions of this Agreement. Each version
will be given a distinguishing version number. You may Use and Publish Data
Received hereunder under the terms of the version of the Agreement under which
You originally Received the Data, or under the terms of any subsequent version
published by the Steward.

View File

@ -1,45 +1,208 @@
Community Data License Agreement - Sharing - Version 1.0
This is the Community Data License Agreement - Sharing, Version 1.0 ("Agreement"). Data is provided to You under this Agreement by each of the Data Providers. Your exercise of any of the rights and permissions granted below constitutes Your acceptance and agreement to be bound by the terms and conditions of this Agreement.
The benefits that each Data Provider receives from making Data available and that You receive from Data or otherwise under these terms and conditions shall be deemed sufficient consideration for the formation of this Agreement. Accordingly, Data Provider(s) and You (the "Parties") agree as follows:
This is the Community Data License Agreement - Sharing, Version 1.0 ("Agreement").
Data is provided to You under this Agreement by each of the Data Providers.
Your exercise of any of the rights and permissions granted below constitutes
Your acceptance and agreement to be bound by the terms and conditions of this
Agreement.
The benefits that each Data Provider receives from making Data available and
that You receive from Data or otherwise under these terms and conditions shall
be deemed sufficient consideration for the formation of this Agreement. Accordingly,
Data Provider(s) and You (the "Parties") agree as follows:
Section 1. Definitions
1.1 "Add" means to supplement Data with Your own or someone else's Data, resulting in Your "Additions." Additions do not include Results.
1.2 "Computational Use" means Your analysis (through the use of computational devices or otherwise) or other interpretation of Data. By way of example and not limitation, "Computational Use" includes the application of any computational analytical technique, the purpose of which is the analysis of any Data in digital form to generate information about Data such as patterns, trends, correlations, inferences, insights and attributes.
1.3 "Data" means the information (including copyrightable information, such as images or text), collectively or individually, whether created or gathered by a Data Provider or an Entity acting on its behalf, to which rights are granted under this Agreement.
1.4 "Data Provider" means any Entity (including any employee or contractor of such Entity authorized to Publish Data on behalf of such Entity) that Publishes Data under this Agreement prior to Your Receiving it.
1.5 "Enhanced Data" means the subset of Data that You Publish and that is composed of (a) Your Additions and/or (b) Modifications to Data You have received under this Agreement.
1.6 "Entity" means any natural person or organization that exists under the laws of the jurisdiction in which it is organized, together with all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (a) the power, directly or indirectly, to cause the direction or management of such entity, whether by contract or otherwise, (b) the ownership of more than fifty percent (50%) of the outstanding shares or securities, (c) the beneficial ownership of such entity or, (d) the ability to appoint, whether by agreement or right, the majority of directors of an Entity.
1.7 "Ledger" means a digital record of Data or grants of rights in Data governed by this Agreement, using any technology having functionality to record and store Data or grants, contributions, or licenses to Data governed by this Agreement.
1.8 "Modify" means to delete, erase, correct or re-arrange Data, resulting in "Modifications." Modifications do not include Results.
1.9 "Publish" means to make all or a subset of Data (including Your Enhanced Data) available in any manner which enables its Use, including by providing a copy on physical media or remote access. For any form of Entity, that is to make the Data available to any individual who is not employed by that Entity or engaged as a contractor or agent to perform work on that Entity's behalf. A "Publication" occurs each time You Publish Data.
1.10 "Receive" or "Receives" means to have been given access to Data, locally or remotely.
1.11 "Results" means the outcomes or outputs that You obtain from Your Computational Use of Data. Results shall not include more than a de minimis portion of the Data on which the Computational Use is based.
1.12 "Sui Generis Database Rights" means rights, other than copyright, resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other equivalent rights anywhere in the world.
1.13 "Use" means using Data (including accessing, copying, studying, reviewing, adapting, analyzing, evaluating, or making Computational Use of it), either by machines or humans, or a combination of both.
1.1 "Add" means to supplement Data with Your own or someone else's Data, resulting
in Your "Additions." Additions do not include Results.
1.2 "Computational Use" means Your analysis (through the use of computational
devices or otherwise) or other interpretation of Data. By way of example and
not limitation, "Computational Use" includes the application of any computational
analytical technique, the purpose of which is the analysis of any Data in
digital form to generate information about Data such as patterns, trends,
correlations, inferences, insights and attributes.
1.3 "Data" means the information (including copyrightable information, such
as images or text), collectively or individually, whether created or gathered
by a Data Provider or an Entity acting on its behalf, to which rights are
granted under this Agreement.
1.4 "Data Provider" means any Entity (including any employee or contractor
of such Entity authorized to Publish Data on behalf of such Entity) that Publishes
Data under this Agreement prior to Your Receiving it.
1.5 "Enhanced Data" means the subset of Data that You Publish and that is
composed of (a) Your Additions and/or (b) Modifications to Data You have received
under this Agreement.
1.6 "Entity" means any natural person or organization that exists under the
laws of the jurisdiction in which it is organized, together with all other
entities that control, are controlled by, or are under common control with
that entity. For the purposes of this definition, "control" means (a) the
power, directly or indirectly, to cause the direction or management of such
entity, whether by contract or otherwise, (b) the ownership of more than fifty
percent (50%) of the outstanding shares or securities, (c) the beneficial
ownership of such entity or, (d) the ability to appoint, whether by agreement
or right, the majority of directors of an Entity.
1.7 "Ledger" means a digital record of Data or grants of rights in Data governed
by this Agreement, using any technology having functionality to record and
store Data or grants, contributions, or licenses to Data governed by this
Agreement.
1.8 "Modify" means to delete, erase, correct or re-arrange Data, resulting
in "Modifications." Modifications do not include Results.
1.9 "Publish" means to make all or a subset of Data (including Your Enhanced
Data) available in any manner which enables its Use, including by providing
a copy on physical media or remote access. For any form of Entity, that is
to make the Data available to any individual who is not employed by that Entity
or engaged as a contractor or agent to perform work on that Entity's behalf.
A "Publication" occurs each time You Publish Data.
1.10 "Receive" or "Receives" means to have been given access to Data, locally
or remotely.
1.11 "Results" means the outcomes or outputs that You obtain from Your Computational
Use of Data. Results shall not include more than a de minimis portion of the
Data on which the Computational Use is based.
1.12 "Sui Generis Database Rights" means rights, other than copyright, resulting
from Directive 96/9/EC of the European Parliament and of the Council of 11
March 1996 on the legal protection of databases, as amended and/or succeeded,
as well as other equivalent rights anywhere in the world.
1.13 "Use" means using Data (including accessing, copying, studying, reviewing,
adapting, analyzing, evaluating, or making Computational Use of it), either
by machines or humans, or a combination of both.
1.14 "You" or "Your" means any Entity that Receives Data under this Agreement.
Section 2. Right and License to Use and to Publish
2.1 Subject to the conditions set forth in Section 3 of this Agreement, Data Provider(s) hereby grant(s) to You a worldwide, non-exclusive, irrevocable (except as provided in Section 5) right to: (a) Use Data; and (b) Publish Data.
2.2 To the extent that the Data or the coordination, selection or arrangement of Data is protected or protectable under copyright, Sui Generis Database Rights, or other law, Data Provider(s) further agree(s) that such Data or coordination, selection or arrangement is hereby licensed to You and to anyone else who Receives Data under this Agreement for Use and Publication, subject to the conditions set forth in Section 3 of this Agreement.
2.3 Except for these rights and licenses expressly granted, no other intellectual property rights are granted or should be implied.
2.1 Subject to the conditions set forth in Section 3 of this Agreement, Data
Provider(s) hereby grant(s) to You a worldwide, non-exclusive, irrevocable
(except as provided in Section 5) right to: (a) Use Data; and (b) Publish
Data.
2.2 To the extent that the Data or the coordination, selection or arrangement
of Data is protected or protectable under copyright, Sui Generis Database
Rights, or other law, Data Provider(s) further agree(s) that such Data or
coordination, selection or arrangement is hereby licensed to You and to anyone
else who Receives Data under this Agreement for Use and Publication, subject
to the conditions set forth in Section 3 of this Agreement.
2.3 Except for these rights and licenses expressly granted, no other intellectual
property rights are granted or should be implied.
Section 3. Conditions on Rights Granted
3.1 If You Publish Data You Receive or Enhanced Data:
(a) The Data (including the Enhanced Data) must be Published under this Agreement in accordance with this Section 3; and
(b) You must cause any Data files containing Enhanced Data to carry prominent notices that You have changed those files; and
(c) If You Publish Data You Receive, You must preserve all credit or attribution to the Data Provider(s). Such retained credit or attribution includes any of the following to the extent they exist in Data as You have Received it: legal notices or metadata; identification of the Data Provider(s); or hyperlinks to Data to the extent it is practical to do so.
3.2 You may not restrict or deter the ability of anyone who Receives the Data (a) to Publish the Data in a publicly-accessible manner or (b) if the project has designated a Ledger for recording Data or grants of rights in Data for purposes of this Agreement, to record the Data or grants of rights in Data in the Ledger.
3.3 If You Publish Data You Receive, You must do so under an unmodified form of this Agreement and include the text of this Agreement, the name of this Agreement and/or a hyperlink or other method reasonably likely to provide a copy of the text of this Agreement. You may not modify this Agreement or impose any further restrictions on the exercise of the rights granted under this Agreement, including by adding any restriction on commercial or non-commercial Use of Data (including Your Enhanced Data) or by limiting permitted Use of such Data to any particular platform, technology or field of endeavor. Notices that purport to modify this Agreement shall be of no effect.
3.4 You and each Data Provider agree that Enhanced Data shall not be considered a work of joint authorship by virtue of its relationship to Data licensed under this Agreement and shall not require either any obligation of accounting to or the consent of any Data Provider.
3.5 This Agreement imposes no obligations or restrictions on Your Use or Publication of Results.
(a) The Data (including the Enhanced Data) must be Published under this Agreement
in accordance with this Section 3; and
(b) You must cause any Data files containing Enhanced Data to carry prominent
notices that You have changed those files; and
(c) If You Publish Data You Receive, You must preserve all credit or attribution
to the Data Provider(s). Such retained credit or attribution includes any
of the following to the extent they exist in Data as You have Received it:
legal notices or metadata; identification of the Data Provider(s); or hyperlinks
to Data to the extent it is practical to do so.
3.2 You may not restrict or deter the ability of anyone who Receives the Data
(a) to Publish the Data in a publicly-accessible manner or (b) if the project
has designated a Ledger for recording Data or grants of rights in Data for
purposes of this Agreement, to record the Data or grants of rights in Data
in the Ledger.
3.3 If You Publish Data You Receive, You must do so under an unmodified form
of this Agreement and include the text of this Agreement, the name of this
Agreement and/or a hyperlink or other method reasonably likely to provide
a copy of the text of this Agreement. You may not modify this Agreement or
impose any further restrictions on the exercise of the rights granted under
this Agreement, including by adding any restriction on commercial or non-commercial
Use of Data (including Your Enhanced Data) or by limiting permitted Use of
such Data to any particular platform, technology or field of endeavor. Notices
that purport to modify this Agreement shall be of no effect.
3.4 You and each Data Provider agree that Enhanced Data shall not be considered
a work of joint authorship by virtue of its relationship to Data licensed
under this Agreement and shall not require either any obligation of accounting
to or the consent of any Data Provider.
3.5 This Agreement imposes no obligations or restrictions on Your Use or Publication
of Results.
Section 4. Data Provider(s)' Representations
4.1 Each Data Provider represents that the Data Provider has exercised reasonable care, to assure that: (a) the Data it Publishes was created or generated by it or was obtained from others with the right to Publish the Data under this Agreement; and (b) Publication of such Data does not violate any privacy or confidentiality obligation undertaken by the Data Provider.
4.1 Each Data Provider represents that the Data Provider has exercised reasonable
care, to assure that: (a) the Data it Publishes was created or generated by
it or was obtained from others with the right to Publish the Data under this
Agreement; and (b) Publication of such Data does not violate any privacy or
confidentiality obligation undertaken by the Data Provider.
Section 5. Termination
5.1 All of Your rights under this Agreement will terminate, and Your right to Receive, Use or Publish the Data will be revoked or modified if You materially fail to comply with the terms and conditions of this Agreement and You do not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If Your rights under this Agreement terminate, You agree to cease Receipt, Use and Publication of Data. However, Your obligations and any rights and permissions granted by You under this Agreement relating to Data that You Published prior to such termination will continue and survive.
5.2 If You institute litigation against a Data Provider or anyone else who Receives the Data (including a cross-claim in a lawsuit) based on the Data, other than a claim asserting breach of this Agreement, then any rights previously granted to You to Receive, Use and Publish Data under this Agreement will terminate as of the date such litigation is filed.
5.1 All of Your rights under this Agreement will terminate, and Your right
to Receive, Use or Publish the Data will be revoked or modified if You materially
fail to comply with the terms and conditions of this Agreement and You do
not cure such failure in a reasonable period of time after becoming aware
of such noncompliance. If Your rights under this Agreement terminate, You
agree to cease Receipt, Use and Publication of Data. However, Your obligations
and any rights and permissions granted by You under this Agreement relating
to Data that You Published prior to such termination will continue and survive.
5.2 If You institute litigation against a Data Provider or anyone else who
Receives the Data (including a cross-claim in a lawsuit) based on the Data,
other than a claim asserting breach of this Agreement, then any rights previously
granted to You to Receive, Use and Publish Data under this Agreement will
terminate as of the date such litigation is filed.
Section 6. Disclaimer of Warranties and Limitation of Liability
6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE DATA (INCLUDING ENHANCED DATA) IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.2 NEITHER YOU NOR ANY DATA PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE DATA OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE DATA (INCLUDING ENHANCED
DATA) IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF
ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
6.2 NEITHER YOU NOR ANY DATA PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE DATA OR THE EXERCISE
OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Section 7. Miscellaneous
7.1 You agree that it is solely Your responsibility to comply with all applicable laws with regard to Your Use or Publication of Data, including any applicable privacy, data protection, security and export laws. You agree to take reasonable steps to assist a Data Provider fulfilling responsibilities to comply with applicable laws with regard to Use or Publication of Data Received hereunder.
7.2 You and Data Provider(s), collectively and individually, waive and/or agree not to assert, to the extent permitted by law, any moral rights You or they hold in Data.
7.3 This Agreement confers no rights or remedies upon any person or entity other than the Parties and their respective heirs, executors, successors and assigns.
7.4 The Data Provider(s) reserve no right or expectation of privacy, data protection or confidentiality in any Data that they Publish under this Agreement. If You choose to Publish Data under this Agreement, You similarly do so with no reservation or expectation of any rights of privacy or confidentiality in that Data.
7.5 The Community Data License Agreement workgroup under The Linux Foundation is the steward of this Agreement ("Steward"). No one other than the Steward has the right to modify or publish new versions of this Agreement. Each version will be given a distinguishing version number. You may Use and Publish Data Received hereunder under the terms of the version of the Agreement under which You originally Received the Data, or under the terms of any subsequent version published by the Steward.
7.1 You agree that it is solely Your responsibility to comply with all applicable
laws with regard to Your Use or Publication of Data, including any applicable
privacy, data protection, security and export laws. You agree to take reasonable
steps to assist a Data Provider fulfilling responsibilities to comply with
applicable laws with regard to Use or Publication of Data Received hereunder.
7.2 You and Data Provider(s), collectively and individually, waive and/or
agree not to assert, to the extent permitted by law, any moral rights You
or they hold in Data.
7.3 This Agreement confers no rights or remedies upon any person or entity
other than the Parties and their respective heirs, executors, successors and
assigns.
7.4 The Data Provider(s) reserve no right or expectation of privacy, data
protection or confidentiality in any Data that they Publish under this Agreement.
If You choose to Publish Data under this Agreement, You similarly do so with
no reservation or expectation of any rights of privacy or confidentiality
in that Data.
7.5 The Community Data License Agreement workgroup under The Linux Foundation
is the steward of this Agreement ("Steward"). No one other than the Steward
has the right to modify or publish new versions of this Agreement. Each version
will be given a distinguishing version number. You may Use and Publish Data
Received hereunder under the terms of the version of the Agreement under which
You originally Received the Data, or under the terms of any subsequent version
published by the Steward.

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CONTRAT DE LICENCE DE LOGICIEL LIBRE CeCILL Avertissement
Ce contrat est une licence de logiciel libre issue d'une concertation entre ses auteurs afin que le respect de deux grands principes préside à sa rédaction:
• d'une part, sa conformité au droit français, tant au regard du droit de la responsabilité civile que du droit de la propriété intellectuelle et de la protection qu'il offre aux auteurs et titulaires des droits patrimoniaux sur un logiciel.
• d'autre part, le respect des principes de diffusion des logiciels libres: accès au code source, droits étendus conférés aux utilisateurs.
Ce contrat est une licence de logiciel libre issue d'une concertation entre
ses auteurs afin que le respect de deux grands principes préside à sa rédaction:
• d'une part, sa conformité au droit français, tant au regard du droit de
la responsabilité civile que du droit de la propriété intellectuelle et de
la protection qu'il offre aux auteurs et titulaires des droits patrimoniaux
sur un logiciel.
• d'autre part, le respect des principes de diffusion des logiciels libres:
accès au code source, droits étendus conférés aux utilisateurs.
Les auteurs de la licence CeCILL1 sont:
Commissariat à l'Energie Atomique CEA, établissement public de caractère scientifique technique et industriel, dont le siège est situé 31-33 rue de la Fédération, 75752 PARIS cedex 15.
Centre National de la Recherche Scientifique CNRS, établissement public à caractère scientifique et technologique, dont le siège est situé 3 rue Michel-Ange 75794 Paris cedex 16.
Institut National de Recherche en Informatique et en Automatique INRIA, établissement public à caractère scientifique et technologique, dont le siège est situé Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay cedex.
Commissariat à l'Energie Atomique CEA, établissement public de caractère
scientifique technique et industriel, dont le siège est situé 31-33 rue de
la Fédération, 75752 PARIS cedex 15.
Centre National de la Recherche Scientifique CNRS, établissement public
à caractère scientifique et technologique, dont le siège est situé 3 rue Michel-Ange
75794 Paris cedex 16.
Institut National de Recherche en Informatique et en Automatique INRIA,
établissement public à caractère scientifique et technologique, dont le siège
est situé Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay cedex.
PREAMBULE
Ce contrat est une licence de logiciel libre dont l'objectif est de conférer aux utilisateurs la liberté de modification et de redistribution du logiciel régi par cette licence dans le cadre d'un modèle de diffusion «open source».
L'exercice de ces libertés est assorti de certains devoirs à la charge des utilisateurs afin de préserver ce statut au cours des redistributions ultérieures.
L'accessibilité au code source et les droits de copie, de modification et de redistribution qui en découlent ont pour contrepartie de n'offrir aux utilisateurs qu'une garantie limitée et de ne faire peser sur l'auteur du logiciel, le titulaire des droits patrimoniaux et les concédants successifs qu'une responsabilité restreinte.
A cet égard l'attention de l'utilisateur est attirée sur les risques associés au chargement, à l'utilisation, à la modification et/ou au développement et à la reproduction du logiciel par l'utilisateur étant donné sa spécificité de logiciel libre, qui peut le rendre complexe à manipuler et qui le réserve donc à des développeurs et des professionnels avertis possédant des connaissances informatiques approfondies. Les utilisateurs sont donc invités à charger et tester l'adéquation du Logiciel à leurs besoins dans des conditions permettant d'assurer la sécurité de leurs systèmes et ou de leurs données et, plus généralement, à l'utiliser et l'exploiter dans les même conditions de sécurité. Ce contrat peut être reproduit et diffusé librement, sous réserve de le conserver en l'état, sans ajout ni suppression de clauses.
Ce contrat est susceptible de s'appliquer à tout logiciel dont le titulaire des droits patrimoniaux décide de soumettre l'exploitation aux dispositions qu'il contient.
Ce contrat est une licence de logiciel libre dont l'objectif est de conférer
aux utilisateurs la liberté de modification et de redistribution du logiciel
régi par cette licence dans le cadre d'un modèle de diffusion «open source».
L'exercice de ces libertés est assorti de certains devoirs à la charge des
utilisateurs afin de préserver ce statut au cours des redistributions ultérieures.
L'accessibilité au code source et les droits de copie, de modification et
de redistribution qui en découlent ont pour contrepartie de n'offrir aux utilisateurs
qu'une garantie limitée et de ne faire peser sur l'auteur du logiciel, le
titulaire des droits patrimoniaux et les concédants successifs qu'une responsabilité
restreinte.
A cet égard l'attention de l'utilisateur est attirée sur les risques associés
au chargement, à l'utilisation, à la modification et/ou au développement et
à la reproduction du logiciel par l'utilisateur étant donné sa spécificité
de logiciel libre, qui peut le rendre complexe à manipuler et qui le réserve
donc à des développeurs et des professionnels avertis possédant des connaissances
informatiques approfondies. Les utilisateurs sont donc invités à charger et
tester l'adéquation du Logiciel à leurs besoins dans des conditions permettant
d'assurer la sécurité de leurs systèmes et ou de leurs données et, plus généralement,
à l'utiliser et l'exploiter dans les même conditions de sécurité. Ce contrat
peut être reproduit et diffusé librement, sous réserve de le conserver en
l'état, sans ajout ni suppression de clauses.
Ce contrat est susceptible de s'appliquer à tout logiciel dont le titulaire
des droits patrimoniaux décide de soumettre l'exploitation aux dispositions
qu'il contient.
Article 1er - DEFINITIONS
Dans ce contrat, les termes suivants, lorsqu'ils seront écrits avec une lettre capitale, auront la signification suivante:
Contrat: désigne le présent contrat de licence, ses éventuelles versions postérieures et annexes.
Logiciel: désigne le logiciel sous sa forme de Code Objet et/ou de Code Source et le cas échéant sa documentation, dans leur état au moment de l'acceptation du
Dans ce contrat, les termes suivants, lorsqu'ils seront écrits avec une lettre
capitale, auront la signification suivante:
Contrat: désigne le présent contrat de licence, ses éventuelles versions postérieures
et annexes.
Logiciel: désigne le logiciel sous sa forme de Code Objet et/ou de Code Source
et le cas échéant sa documentation, dans leur état au moment de l'acceptation
du
Contrat par le Licencié.
Logiciel Initial: désigne le Logiciel sous sa forme de Code Source et de Code Objet et le cas échéant sa documentation, dans leur état au moment de leur première diffusion sous les termes du Contrat.
Logiciel Initial: désigne le Logiciel sous sa forme de Code Source et de Code
Objet et le cas échéant sa documentation, dans leur état au moment de leur
première diffusion sous les termes du Contrat.
Logiciel Modifié: désigne le Logiciel modifié par au moins une Contribution.
Code Source: désigne l'ensemble des instructions et des lignes de programme du Logiciel et auquel l'accès est nécessaire en vue de modifier le Logiciel.
Code Objet: désigne les fichiers binaires issus de la compilation du Code Source.
Titulaire : désigne le détenteur des droits patrimoniaux d'auteur sur le Logiciel Initial.
Licencié(s): désigne le ou les utilisateur(s) du Logiciel ayant accepté le Contrat.
Code Source: désigne l'ensemble des instructions et des lignes de programme
du Logiciel et auquel l'accès est nécessaire en vue de modifier le Logiciel.
Code Objet: désigne les fichiers binaires issus de la compilation du Code
Source.
Titulaire : désigne le détenteur des droits patrimoniaux d'auteur sur le Logiciel
Initial.
Licencié(s): désigne le ou les utilisateur(s) du Logiciel ayant accepté le
Contrat.
Contributeur: désigne le Licencié auteur d'au moins une Contribution.
Concédant: désigne le Titulaire ou toute personne physique ou morale distribuant le Logiciel sous le Contrat.
Contributions: désigne l'ensemble des modifications, corrections, traductions, adaptations et/ou nouvelles fonctionnalités intégrées dans le Logiciel par tout
Concédant: désigne le Titulaire ou toute personne physique ou morale distribuant
le Logiciel sous le Contrat.
Contributions: désigne l'ensemble des modifications, corrections, traductions,
adaptations et/ou nouvelles fonctionnalités intégrées dans le Logiciel par
tout
Contributeur, ainsi que les Modules Statiques.
Module: désigne un ensemble de fichiers sources y compris leur documentation qui, une fois compilé sous forme exécutable, permet de réaliser des fonctionnalités ou
Module: désigne un ensemble de fichiers sources y compris leur documentation
qui, une fois compilé sous forme exécutable, permet de réaliser des fonctionnalités
ou
services supplémentaires à ceux fournis par le Logiciel.
Module Dynamique: désigne tout Module, créé par le Contributeur, indépendant du Logiciel, tel que ce Module et le Logiciel sont sous forme de deux exécutables indépendants qui s'exécutent dans un espace d'adressage indépendant, l'un appelant l'autre au moment de leur exécution.
Module Statique: désigne tout Module créé par le Contributeur et lié au Logiciel par un lien statique rendant leur code objet dépendant l'un de l'autre. Ce Module et le Logiciel auquel il est lié, sont regroupés en un seul exécutable.
Module Dynamique: désigne tout Module, créé par le Contributeur, indépendant
du Logiciel, tel que ce Module et le Logiciel sont sous forme de deux exécutables
indépendants qui s'exécutent dans un espace d'adressage indépendant, l'un
appelant l'autre au moment de leur exécution.
Module Statique: désigne tout Module créé par le Contributeur et lié au Logiciel
par un lien statique rendant leur code objet dépendant l'un de l'autre. Ce
Module et le Logiciel auquel il est lié, sont regroupés en un seul exécutable.
Parties: désigne collectivement le Licencié et le Concédant.
Ces termes s'entendent au singulier comme au pluriel.
Article 2 - OBJET
Le Contrat a pour objet la concession par le Concédant au Licencié d'une Licence non exclusive, transférable et mondiale du Logiciel telle que définie ci-après à l'article 5 pour toute la durée de protection des droits portant sur ce Logiciel.
Le Contrat a pour objet la concession par le Concédant au Licencié d'une Licence
non exclusive, transférable et mondiale du Logiciel telle que définie ci-après
à l'article 5 pour toute la durée de protection des droits portant sur ce
Logiciel.
Article 3 - ACCEPTATION
3.1. L'acceptation par le Licencié des termes du Contrat est réputée acquise du fait du premier des faits suivants:
• (i) le chargement du Logiciel par tout moyen notamment par téléchargement à partir d'un serveur distant ou par chargement à partir d'un support physique;
• (ii) le premier exercice par le Licencié de l'un quelconque des droits concédés par le Contrat.
3.2. Un exemplaire du Contrat, contenant notamment un avertissement relatif aux spécificités du Logiciel, à la restriction de garantie et à la limitation à un usage par des utilisateurs expérimentés a été mis à disposition du Licencié préalablement à son acceptation telle que définie à l'article 3.1 ci dessus et le Licencié reconnaît en avoir pris connaissances.
3.1. L'acceptation par le Licencié des termes du Contrat est réputée acquise
du fait du premier des faits suivants:
• (i) le chargement du Logiciel par tout moyen notamment par téléchargement
à partir d'un serveur distant ou par chargement à partir d'un support physique;
• (ii) le premier exercice par le Licencié de l'un quelconque des droits concédés
par le Contrat.
3.2. Un exemplaire du Contrat, contenant notamment un avertissement relatif
aux spécificités du Logiciel, à la restriction de garantie et à la limitation
à un usage par des utilisateurs expérimentés a été mis à disposition du Licencié
préalablement à son acceptation telle que définie à l'article 3.1 ci dessus
et le Licencié reconnaît en avoir pris connaissances.
Article 4 - ENTREE EN VIGUEUR ET DUREE
4.1. ENTREE EN VIGUEUR
Le Contrat entre en vigueur à la date de son acceptation par le Licencié telle que définie en 3.1.
Le Contrat entre en vigueur à la date de son acceptation par le Licencié telle
que définie en 3.1.
4.2. DUREE
Le Contrat produira ses effets pendant toute la durée légale de protection des droits patrimoniaux portant sur le Logiciel.
Le Contrat produira ses effets pendant toute la durée légale de protection
des droits patrimoniaux portant sur le Logiciel.
Article 5 - ETENDUE DES DROITS CONCEDES
Le Concédant concède au Licencié, qui accepte, les droits suivants sur le Logiciel pour toutes destinations et pour la durée du Contrat dans les conditions ci-après détaillées.
Par ailleurs, le Concédant concède au Licencié à titre gracieux les droits d'exploitation du ou des brevets qu'il détient sur tout ou partie des inventions
Le Concédant concède au Licencié, qui accepte, les droits suivants sur le
Logiciel pour toutes destinations et pour la durée du Contrat dans les conditions
ci-après détaillées.
Par ailleurs, le Concédant concède au Licencié à titre gracieux les droits
d'exploitation du ou des brevets qu'il détient sur tout ou partie des inventions
implémentées dans le Logiciel.
5.1. DROITS D'UTILISATION
Le Licencié est autorisé à utiliser le Logiciel, sans restriction quant aux domaines d'application, étant ci-après précisé que cela comporte:
1. la reproduction permanente ou provisoire du Logiciel en tout ou partie par tout moyen et sous toute forme.
2. le chargement, l'affichage, l'exécution, ou le stockage du Logiciel sur tout support.
3. la possibilité d'en observer, d'en étudier, ou d'en tester le fonctionnement afin de déterminer les idées et principes qui sont à la base de n'importe quel élément de ce Logiciel; et ceci, lorsque le Licencié effectue toute opération de chargement, d'affichage, d'exécution, de transmission ou de stockage du Logiciel qu'il est en droit d'effectuer en vertu du Contrat.
Le Licencié est autorisé à utiliser le Logiciel, sans restriction quant aux
domaines d'application, étant ci-après précisé que cela comporte:
1. la reproduction permanente ou provisoire du Logiciel en tout ou partie
par tout moyen et sous toute forme.
2. le chargement, l'affichage, l'exécution, ou le stockage du Logiciel sur
tout support.
3. la possibilité d'en observer, d'en étudier, ou d'en tester le fonctionnement
afin de déterminer les idées et principes qui sont à la base de n'importe
quel élément de ce Logiciel; et ceci, lorsque le Licencié effectue toute opération
de chargement, d'affichage, d'exécution, de transmission ou de stockage du
Logiciel qu'il est en droit d'effectuer en vertu du Contrat.
5.2. DROIT D'APPORTER DES CONTRIBUTIONS
Le droit d'apporter des Contributions comporte le droit de traduire, d'adapter, d'arranger ou d'apporter toute autre modification du Logiciel et le droit de reproduire le Logiciel en résultant.
Le Licencié est autorisé à apporter toute Contribution au Logiciel sous réserve de mentionner, de façon explicite, son nom en tant qu'auteur de cette Contribution et la date de création de celle-ci.
Le droit d'apporter des Contributions comporte le droit de traduire, d'adapter,
d'arranger ou d'apporter toute autre modification du Logiciel et le droit
de reproduire le Logiciel en résultant.
Le Licencié est autorisé à apporter toute Contribution au Logiciel sous réserve
de mentionner, de façon explicite, son nom en tant qu'auteur de cette Contribution
et la date de création de celle-ci.
5.3. DROITS DE DISTRIBUTION ET DE DIFFUSION
Le droit de distribution et de diffusion comporte notamment le droit de transmettre et de communiquer le Logiciel au public sur tout support et par tout moyen ainsi que le droit de mettre sur le marché à titre onéreux ou gratuit, un ou des exemplaires du Logiciel par tout procédé.
Le Licencié est autorisé à redistribuer des copies du Logiciel, modifié ou non, à des tiers dans les conditions ci-après détaillées.
Le droit de distribution et de diffusion comporte notamment le droit de transmettre
et de communiquer le Logiciel au public sur tout support et par tout moyen
ainsi que le droit de mettre sur le marché à titre onéreux ou gratuit, un
ou des exemplaires du Logiciel par tout procédé.
Le Licencié est autorisé à redistribuer des copies du Logiciel, modifié ou
non, à des tiers dans les conditions ci-après détaillées.
5.3.1. REDISTRIBUTION DU LOGICIEL SANS MODIFICATION
Le Licencié est autorisé à redistribuer des copies conformes du Logiciel, sous forme de Code Source ou de Code Objet, à condition que cette redistribution respecte les dispositions du Contrat dans leur totalité et soit accompagnée:
Le Licencié est autorisé à redistribuer des copies conformes du Logiciel,
sous forme de Code Source ou de Code Objet, à condition que cette redistribution
respecte les dispositions du Contrat dans leur totalité et soit accompagnée:
1. d'un exemplaire du Contrat,
2. d'un avertissement relatif à la restriction de garantie et de responsabilité du Concédant telle que prévue aux articles 8 et 9,
et que, dans le cas où seul le Code Objet du Logiciel est redistribué, le Licencié permette aux futurs Licenciés d'accéder facilement au Code Source complet du Logiciel en indiquant les modalités d'accès, étant entendu que le coût additionnel d'acquisition du Code Source ne devra pas excéder le simple coût de transfert des données.
2. d'un avertissement relatif à la restriction de garantie et de responsabilité
du Concédant telle que prévue aux articles 8 et 9,
et que, dans le cas où seul le Code Objet du Logiciel est redistribué, le
Licencié permette aux futurs Licenciés d'accéder facilement au Code Source
complet du Logiciel en indiquant les modalités d'accès, étant entendu que
le coût additionnel d'acquisition du Code Source ne devra pas excéder le simple
coût de transfert des données.
5.3.2. REDISTRIBUTION DU LOGICIEL MODIFIE
Lorsque le Licencié apporte une Contribution au Logiciel, les conditions de redistribution du Logiciel Modifié sont alors soumises à l'intégralité des dispositions du Contrat.
Le Licencié est autorisé à redistribuer le Logiciel Modifié, sous forme de Code Source ou de Code Objet, à condition que cette redistribution respecte les dispositions du Contrat dans leur totalité et soit accompagnée:
Lorsque le Licencié apporte une Contribution au Logiciel, les conditions de
redistribution du Logiciel Modifié sont alors soumises à l'intégralité des
dispositions du Contrat.
Le Licencié est autorisé à redistribuer le Logiciel Modifié, sous forme de
Code Source ou de Code Objet, à condition que cette redistribution respecte
les dispositions du Contrat dans leur totalité et soit accompagnée:
1. d'un exemplaire du Contrat,
2. d'un avertissement relatif à la restriction de garantie et de responsabilité du concédant telle que prévue aux articles 8 et 9,
et que, dans le cas où seul le Code Objet du Logiciel Modifié est redistribué, le Licencié permette aux futurs Licenciés d'accéder facilement au Code Source complet du Logiciel Modifié en indiquant les modalités d'accès, étant entendu que le coût additionnel d'acquisition du Code Source ne devra pas excéder le simple coût de transfert des données.
2. d'un avertissement relatif à la restriction de garantie et de responsabilité
du concédant telle que prévue aux articles 8 et 9,
et que, dans le cas où seul le Code Objet du Logiciel Modifié est redistribué,
le Licencié permette aux futurs Licenciés d'accéder facilement au Code Source
complet du Logiciel Modifié en indiquant les modalités d'accès, étant entendu
que le coût additionnel d'acquisition du Code Source ne devra pas excéder
le simple coût de transfert des données.
5.3.3. REDISTRIBUTION DES MODULES DYNAMIQUES
Lorsque le Licencié a développé un Module Dynamique les conditions du Contrat ne s'appliquent pas à ce Module Dynamique, qui peut être distribué sous un contrat de licence différent.
Lorsque le Licencié a développé un Module Dynamique les conditions du Contrat
ne s'appliquent pas à ce Module Dynamique, qui peut être distribué sous un
contrat de licence différent.
5.3.4. COMPATIBILITE AVEC LA LICENCE GPL
Dans le cas où le Logiciel, Modifié ou non, est intégré à un code soumis aux dispositions de la licence GPL, le Licencié est autorisé à redistribuer l'ensemble sous la licence GPL.
Dans le cas où le Logiciel Modifié intègre un code soumis aux dispositions de la licence GPL, le Licencié est autorisé à redistribuer le Logiciel Modifié sous la licence GPL.
Dans le cas où le Logiciel, Modifié ou non, est intégré à un code soumis aux
dispositions de la licence GPL, le Licencié est autorisé à redistribuer l'ensemble
sous la licence GPL.
Dans le cas où le Logiciel Modifié intègre un code soumis aux dispositions
de la licence GPL, le Licencié est autorisé à redistribuer le Logiciel Modifié
sous la licence GPL.
Article 6 - PROPRIETE INTELLECTUELLE
6.1. SUR LE LOGICIEL INITIAL
Le Titulaire est détenteur des droits patrimoniaux sur le Logiciel Initial. Toute utilisation du Logiciel Initial est soumise au respect des conditions dans lesquelles le Titulaire a choisi de diffuser son œuvre et nul autre n'a la faculté de modifier les conditions de diffusion de ce Logiciel Initial.
Le Titulaire s'engage à maintenir la diffusion du Logiciel initial sous les conditions du Contrat et ce, pour la durée visée à l'article 4.2.
Le Titulaire est détenteur des droits patrimoniaux sur le Logiciel Initial.
Toute utilisation du Logiciel Initial est soumise au respect des conditions
dans lesquelles le Titulaire a choisi de diffuser son œuvre et nul autre n'a
la faculté de modifier les conditions de diffusion de ce Logiciel Initial.
Le Titulaire s'engage à maintenir la diffusion du Logiciel initial sous les
conditions du Contrat et ce, pour la durée visée à l'article 4.2.
6.2. SUR LES CONTRIBUTIONS
Les droits de propriété intellectuelle sur les Contributions sont attachés au titulaire de droits patrimoniaux désigné par la législation applicable.
Les droits de propriété intellectuelle sur les Contributions sont attachés
au titulaire de droits patrimoniaux désigné par la législation applicable.
6.3. SUR LES MODULES DYNAMIQUES
Le Licencié ayant développé un Module Dynamique est titulaire des droits de propriété intellectuelle sur ce Module Dynamique et reste libre du choix du contrat régissant sa diffusion.
Le Licencié ayant développé un Module Dynamique est titulaire des droits de
propriété intellectuelle sur ce Module Dynamique et reste libre du choix du
contrat régissant sa diffusion.
6.4. DISPOSITIONS COMMUNES
6.4.1. Le Licencié s'engage expressément:
1. à ne pas supprimer ou modifier de quelque manière que ce soit les mentions de propriété intellectuelle apposées sur le Logiciel;
2. à reproduire à l'identique lesdites mentions de propriété intellectuelle sur les copies du Logiciel.
6.4.2. Le Licencié s'engage à ne pas porter atteinte, directement ou indirectement, aux droits de propriété intellectuelle du Titulaire et/ou des Contributeurs et à prendre, le cas échéant, à l'égard de son personnel toutes les mesures nécessaires pour assurer le respect des dits droits de propriété intellectuelle du Titulaire et/ou des Contributeurs.
1. à ne pas supprimer ou modifier de quelque manière que ce soit les mentions
de propriété intellectuelle apposées sur le Logiciel;
2. à reproduire à l'identique lesdites mentions de propriété intellectuelle
sur les copies du Logiciel.
6.4.2. Le Licencié s'engage à ne pas porter atteinte, directement ou indirectement,
aux droits de propriété intellectuelle du Titulaire et/ou des Contributeurs
et à prendre, le cas échéant, à l'égard de son personnel toutes les mesures
nécessaires pour assurer le respect des dits droits de propriété intellectuelle
du Titulaire et/ou des Contributeurs.
Article 7 - SERVICES ASSOCIES
7.1. Le Contrat n'oblige en aucun cas le Concédant à la réalisation de prestations d'assistance technique ou de maintenance du Logiciel.
Cependant le Concédant reste libre de proposer ce type de services. Les termes et conditions d'une telle assistance technique et/ou d'une telle maintenance seront alors déterminés dans un acte séparé. Ces actes de maintenance et/ou assistance technique n'engageront que la seule responsabilité du Concédant qui les propose.
7.2. De même, tout Concédant est libre de proposer, sous sa seule responsabilité, à ses licenciés une garantie, qui n'engagera que lui, lors de la redistribution du Logiciel et/ou du Logiciel Modifié et ce, dans les conditions qu'il souhaite. Cette garantie et les modalités financières de son application feront l'objet d'un acte séparé entre le Concédant et le Licencié.
7.1. Le Contrat n'oblige en aucun cas le Concédant à la réalisation de prestations
d'assistance technique ou de maintenance du Logiciel.
Cependant le Concédant reste libre de proposer ce type de services. Les termes
et conditions d'une telle assistance technique et/ou d'une telle maintenance
seront alors déterminés dans un acte séparé. Ces actes de maintenance et/ou
assistance technique n'engageront que la seule responsabilité du Concédant
qui les propose.
7.2. De même, tout Concédant est libre de proposer, sous sa seule responsabilité,
à ses licenciés une garantie, qui n'engagera que lui, lors de la redistribution
du Logiciel et/ou du Logiciel Modifié et ce, dans les conditions qu'il souhaite.
Cette garantie et les modalités financières de son application feront l'objet
d'un acte séparé entre le Concédant et le Licencié.
Article 8 - RESPONSABILITE
8.1. Sous réserve des dispositions de l'article 8.2, si le Concédant n'exécute pas tout ou partie des obligations mises à sa charge par le Contrat, le Licencié a la faculté, sous réserve de prouver la faute du Concédant concerné, de solliciter la réparation du préjudice direct qu'il subit et dont il apportera la preuve.
8.2. La responsabilité du Concédant est limitée aux engagements pris en application du Contrat et ne saurait être engagée en raison notamment:(i) des dommages dus à l'inexécution, totale ou partielle, de ses obligations par le Licencié, (ii) des dommages directs ou indirects découlant de l'utilisation ou des performances du Logiciel subis par le Licencié lorsqu'il s'agit d'un professionnel utilisant le Logiciel à des fins professionnelles et (iii) des dommages indirects découlant de l'utilisation ou des performances du Logiciel. Les Parties conviennent expressément que tout préjudice financier ou commercial (par exemple perte de données, perte de bénéfices, perte d'exploitation, perte de clientèle ou de commandes, manque à gagner, trouble commercial quelconque) ou toute action dirigée contre le Licencié par un tiers, constitue un dommage indirect et n'ouvre pas droit à réparation par le Concédant.
8.1. Sous réserve des dispositions de l'article 8.2, si le Concédant n'exécute
pas tout ou partie des obligations mises à sa charge par le Contrat, le Licencié
a la faculté, sous réserve de prouver la faute du Concédant concerné, de solliciter
la réparation du préjudice direct qu'il subit et dont il apportera la preuve.
8.2. La responsabilité du Concédant est limitée aux engagements pris en application
du Contrat et ne saurait être engagée en raison notamment:(i) des dommages
dus à l'inexécution, totale ou partielle, de ses obligations par le Licencié,
(ii) des dommages directs ou indirects découlant de l'utilisation ou des performances
du Logiciel subis par le Licencié lorsqu'il s'agit d'un professionnel utilisant
le Logiciel à des fins professionnelles et (iii) des dommages indirects découlant
de l'utilisation ou des performances du Logiciel. Les Parties conviennent
expressément que tout préjudice financier ou commercial (par exemple perte
de données, perte de bénéfices, perte d'exploitation, perte de clientèle ou
de commandes, manque à gagner, trouble commercial quelconque) ou toute action
dirigée contre le Licencié par un tiers, constitue un dommage indirect et
n'ouvre pas droit à réparation par le Concédant.
Article 9 - GARANTIE
9.1. Le Licencié reconnaît que l'état actuel des connaissances scientifiques et techniques au moment de la mise en circulation du Logiciel ne permet pas d'en tester et d'en vérifier toutes les utilisations ni de détecter l'existence d'éventuels défauts. L'attention du Licencié a été attirée sur ce point sur les risques associés au chargement, à l'utilisation, la modification et/ou au développement et à la reproduction du Logiciel qui sont réservés à des utilisateurs avertis.
Il relève de la responsabilité du Licencié de contrôler, par tous moyens, l'adéquation du produit à ses besoins, son bon fonctionnement et de s'assurer qu'il ne causera pas de dommages aux personnes et aux biens.
9.2. Le Concédant déclare de bonne foi être en droit de concéder l'ensemble des droits attachés au Logiciel (comprenant notamment les droits visés à l'article 5).
9.3. Le Licencié reconnaît que le Logiciel est fourni «en l'état» par le Concédant sans autre garantie, expresse ou tacite, que celle prévue à l'article 9.2 et notamment sans aucune garantie sur sa valeur commerciale, son caractère sécurisé, innovant ou pertinent.
En particulier, le Concédant ne garantit pas que le Logiciel est exempt d'erreur, qu'il fonctionnera sans interruption, qu'il sera compatible avec l'équipement du Licencié et sa configuration logicielle ni qu'il remplira les besoins du Licencié.
9.4. Le Concédant ne garantit pas, de manière expresse ou tacite, que le Logiciel ne porte pas atteinte à un quelconque droit de propriété intellectuelle d'un tiers portant sur un brevet, un logiciel ou sur tout autre droit de propriété. Ainsi, le Concédant exclut toute garantie au profit du Licencié contre les actions en contrefaçon qui pourraient être diligentées au titre de l'utilisation, de la modification, et de la redistribution du Logiciel. Néanmoins, si de telles actions sont exercées contre le Licencié, le Concédant lui apportera son aide technique et juridique pour sa défense. Cette aide technique et juridique est déterminée au cas par cas entre le Concédant concerné et le Licencié dans le cadre d'un protocole d'accord. Le Concédant dégage toute responsabilité quant à l'utilisation de la dénomination du Logiciel par le Licencié. Aucune garantie n'est apportée quant à l'existence de droits antérieurs sur le nom du Logiciel et sur l'existence d'une marque.
9.1. Le Licencié reconnaît que l'état actuel des connaissances scientifiques
et techniques au moment de la mise en circulation du Logiciel ne permet pas
d'en tester et d'en vérifier toutes les utilisations ni de détecter l'existence
d'éventuels défauts. L'attention du Licencié a été attirée sur ce point sur
les risques associés au chargement, à l'utilisation, la modification et/ou
au développement et à la reproduction du Logiciel qui sont réservés à des
utilisateurs avertis.
Il relève de la responsabilité du Licencié de contrôler, par tous moyens,
l'adéquation du produit à ses besoins, son bon fonctionnement et de s'assurer
qu'il ne causera pas de dommages aux personnes et aux biens.
9.2. Le Concédant déclare de bonne foi être en droit de concéder l'ensemble
des droits attachés au Logiciel (comprenant notamment les droits visés à l'article
5).
9.3. Le Licencié reconnaît que le Logiciel est fourni «en l'état» par le Concédant
sans autre garantie, expresse ou tacite, que celle prévue à l'article 9.2
et notamment sans aucune garantie sur sa valeur commerciale, son caractère
sécurisé, innovant ou pertinent.
En particulier, le Concédant ne garantit pas que le Logiciel est exempt d'erreur,
qu'il fonctionnera sans interruption, qu'il sera compatible avec l'équipement
du Licencié et sa configuration logicielle ni qu'il remplira les besoins du
Licencié.
9.4. Le Concédant ne garantit pas, de manière expresse ou tacite, que le Logiciel
ne porte pas atteinte à un quelconque droit de propriété intellectuelle d'un
tiers portant sur un brevet, un logiciel ou sur tout autre droit de propriété.
Ainsi, le Concédant exclut toute garantie au profit du Licencié contre les
actions en contrefaçon qui pourraient être diligentées au titre de l'utilisation,
de la modification, et de la redistribution du Logiciel. Néanmoins, si de
telles actions sont exercées contre le Licencié, le Concédant lui apportera
son aide technique et juridique pour sa défense. Cette aide technique et juridique
est déterminée au cas par cas entre le Concédant concerné et le Licencié dans
le cadre d'un protocole d'accord. Le Concédant dégage toute responsabilité
quant à l'utilisation de la dénomination du Logiciel par le Licencié. Aucune
garantie n'est apportée quant à l'existence de droits antérieurs sur le nom
du Logiciel et sur l'existence d'une marque.
Article 10 - RESILIATION
10.1. En cas de manquement par le Licencié aux obligations mises à sa charge par le Contrat, le Concédant pourra résilier de plein droit le Contrat trente (30) jours après notification adressée au Licencié et restée sans effet.
10.2. Le Licencié dont le Contrat est résilié n'est plus autorisé à utiliser, modifier ou distribuer le Logiciel. Cependant, toutes les licences qu'il aura concédées antérieurement à la résiliation du Contrat resteront valides sous réserve qu'elles aient été effectuées en conformité avec le Contrat.
10.1. En cas de manquement par le Licencié aux obligations mises à sa charge
par le Contrat, le Concédant pourra résilier de plein droit le Contrat trente
(30) jours après notification adressée au Licencié et restée sans effet.
10.2. Le Licencié dont le Contrat est résilié n'est plus autorisé à utiliser,
modifier ou distribuer le Logiciel. Cependant, toutes les licences qu'il aura
concédées antérieurement à la résiliation du Contrat resteront valides sous
réserve qu'elles aient été effectuées en conformité avec le Contrat.
Article 11 - DISPOSITIONS DIVERSES
11.1. CAUSE EXTERIEURE
Aucune des Parties ne sera responsable d'un retard ou d'une défaillance d'exécution du Contrat qui serait dû à un cas de force majeure, un cas fortuit ou une cause extérieure, telle que, notamment, le mauvais fonctionnement ou les interruptions du réseau électrique ou de télécommunication, la paralysie du réseau liée à une attaque informatique, l'intervention des autorités gouvernementales, les catastrophes naturelles, les dégâts des eaux, les tremblements de terre, le feu, les explosions, les grèves et les conflits sociaux, l'état de guerre…
11.2. Le fait, par l'une ou l'autre des Parties, d'omettre en une ou plusieurs occasions de se prévaloir d'une ou plusieurs dispositions du Contrat, ne pourra en aucun cas impliquer renonciation par la Partie intéressée à s'en prévaloir ultérieurement.
11.3. Le Contrat annule et remplace toute convention antérieure, écrite ou orale, entre les Parties sur le même objet et constitue l'accord entier entre les Parties sur cet objet. Aucune addition ou modification aux termes du Contrat n'aura d'effet à l'égard des Parties à moins d'être faite par écrit et signée par leurs représentants dûment habilités.
11.4. Dans l'hypothèse où une ou plusieurs des dispositions du Contrat s'avèrerait contraire à une loi ou à un texte applicable, existants ou futurs, cette loi ou ce texte prévaudrait, et les Parties feraient les amendements nécessaires pour se conformer à cette loi ou à ce texte. Toutes les autres dispositions resteront en vigueur. De même, la nullité, pour quelque raison que ce soit, d'une des dispositions du Contrat ne saurait entraîner la nullité de l'ensemble du Contrat.
Aucune des Parties ne sera responsable d'un retard ou d'une défaillance d'exécution
du Contrat qui serait dû à un cas de force majeure, un cas fortuit ou une
cause extérieure, telle que, notamment, le mauvais fonctionnement ou les interruptions
du réseau électrique ou de télécommunication, la paralysie du réseau liée
à une attaque informatique, l'intervention des autorités gouvernementales,
les catastrophes naturelles, les dégâts des eaux, les tremblements de terre,
le feu, les explosions, les grèves et les conflits sociaux, l'état de guerre…
11.2. Le fait, par l'une ou l'autre des Parties, d'omettre en une ou plusieurs
occasions de se prévaloir d'une ou plusieurs dispositions du Contrat, ne pourra
en aucun cas impliquer renonciation par la Partie intéressée à s'en prévaloir
ultérieurement.
11.3. Le Contrat annule et remplace toute convention antérieure, écrite ou
orale, entre les Parties sur le même objet et constitue l'accord entier entre
les Parties sur cet objet. Aucune addition ou modification aux termes du Contrat
n'aura d'effet à l'égard des Parties à moins d'être faite par écrit et signée
par leurs représentants dûment habilités.
11.4. Dans l'hypothèse où une ou plusieurs des dispositions du Contrat s'avèrerait
contraire à une loi ou à un texte applicable, existants ou futurs, cette loi
ou ce texte prévaudrait, et les Parties feraient les amendements nécessaires
pour se conformer à cette loi ou à ce texte. Toutes les autres dispositions
resteront en vigueur. De même, la nullité, pour quelque raison que ce soit,
d'une des dispositions du Contrat ne saurait entraîner la nullité de l'ensemble
du Contrat.
11.5. LANGUE
Le Contrat est rédigé en langue française et en langue anglaise. En cas de divergence d'interprétation, seule la version française fait foi.
Le Contrat est rédigé en langue française et en langue anglaise. En cas de
divergence d'interprétation, seule la version française fait foi.
Article 12 - NOUVELLES VERSIONS DU CONTRAT
12.1. Toute personne est autorisée à copier et distribuer des copies de ce Contrat.
12.2. Afin d'en préserver la cohérence, le texte du Contrat est protégé et ne peut être modifié que par les auteurs de la licence, lesquels se réservent le droit de publier périodiquement des mises à jour ou de nouvelles versions du Contrat, qui possèderont chacune un numéro distinct. Ces versions ultérieures seront susceptibles de prendre en compte de nouvelles problématiques rencontrées par les logiciels libres.
12.3. Tout Logiciel diffusé sous une version donnée du Contrat ne pourra faire l'objet d'une diffusion ultérieure que sous la même version du Contrat ou une version postérieure, sous réserve des dispositions de l'article 5.3.4.
12.1. Toute personne est autorisée à copier et distribuer des copies de ce
Contrat.
12.2. Afin d'en préserver la cohérence, le texte du Contrat est protégé et
ne peut être modifié que par les auteurs de la licence, lesquels se réservent
le droit de publier périodiquement des mises à jour ou de nouvelles versions
du Contrat, qui possèderont chacune un numéro distinct. Ces versions ultérieures
seront susceptibles de prendre en compte de nouvelles problématiques rencontrées
par les logiciels libres.
12.3. Tout Logiciel diffusé sous une version donnée du Contrat ne pourra faire
l'objet d'une diffusion ultérieure que sous la même version du Contrat ou
une version postérieure, sous réserve des dispositions de l'article 5.3.4.
Article 13 - LOI APPLICABLE ET COMPETENCE TERRITORIALE
13.1. Le Contrat est régi par la loi française. Les Parties conviennent de tenter de régler à l'amiable les différends ou litiges qui viendraient à se produire par suite ou à l'occasion du Contrat.
13.2. A défaut d'accord amiable dans un délai de deux (2) mois à compter de leur survenance et sauf situation relevant d'une procédure d'urgence, les différends ou litiges seront portés par la Partie la plus diligente devant les Tribunaux compétents de Paris.
13.1. Le Contrat est régi par la loi française. Les Parties conviennent de
tenter de régler à l'amiable les différends ou litiges qui viendraient à se
produire par suite ou à l'occasion du Contrat.
13.2. A défaut d'accord amiable dans un délai de deux (2) mois à compter de
leur survenance et sauf situation relevant d'une procédure d'urgence, les
différends ou litiges seront portés par la Partie la plus diligente devant
les Tribunaux compétents de Paris.
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FREE SOFTWARE LICENSING AGREEMENT CeCILL Notice
This Agreement is a free software license that is the result of discussions between its authors in order to ensure compliance with the two main principles guiding its drafting:
- firstly, its conformity with French law, both as regards the law of torts and intellectual property law, and the protection that it offers to authors and the holders of economic rights over software.
- secondly, compliance with the principles for the distribution of free software: access to source codes, extended user-rights.
The following bodies are the authors of this license CeCILL (Ce : CEA, C : CNRS, I : INRIA, LL : Logiciel Libre):
Commissariat à l'Energie Atomique - CEA, a public scientific, technical and industrial establishment, having its principal place of business at 31-33 rue de la Fédération, 75752 PARIS cedex 15, France.
This Agreement is a free software license that is the result of discussions
between its authors in order to ensure compliance with the two main principles
guiding its drafting:
- firstly, its conformity with French law, both as regards the law of torts
and intellectual property law, and the protection that it offers to authors
and the holders of economic rights over software.
- secondly, compliance with the principles for the distribution of free software:
access to source codes, extended user-rights.
The following bodies are the authors of this license CeCILL (Ce : CEA, C :
CNRS, I : INRIA, LL : Logiciel Libre):
Commissariat à l'Energie Atomique - CEA, a public scientific, technical and
industrial establishment, having its principal place of business at 31-33
rue de la Fédération, 75752 PARIS cedex 15, France.
Centre National de la Recherche Scientifique - CNRS, a public scientific and
technological establishment, having its principal place of business at 3 rue
Michel-Ange 75794 Paris cedex 16, France.
Institut National de Recherche en Informatique et en Automatique - INRIA,
a public scientific and technological establishment, having its principal
place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay
cedex.
Centre National de la Recherche Scientifique - CNRS, a public scientific and technological establishment, having its principal place of business at 3 rue Michel-Ange 75794 Paris cedex 16, France.
Institut National de Recherche en Informatique et en Automatique - INRIA, a public scientific and technological establishment, having its principal place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay cedex.
PREAMBLE
The purpose of this Free Software Licensing Agreement is to grant users the right to modify and redistribute the software governed by this license within the framework of an "open source" distribution model.
The exercising of these rights is conditional upon certain obligations for users so as to ensure that this status is retained for subsequent redistribution operations.
As a counterpart to the access to the source code and rights to copy, modify and redistribute granted by the license, users are provided only with a limited warranty and the software's author, the holder of the economic rights, and the successive licensors only have limited liability.
In this respect, it is brought to the user's attention that the risks associated with loading, using, modifying and/or developing or reproducing the software by the user given its nature of Free Software, that may mean that it is complicated to manipulate, and that also therefore means that it is reserved for developers and experienced professionals having in-depth computer knowledge. Users are therefore encouraged to load and test the Software's suitability as regards their requirements in conditions enabling the security of their systems and/or data to be ensured and, more generally, to use and operate it in the same conditions of security. This Agreement may be freely reproduced and published, provided it is not altered, and that no Articles are either added or removed herefrom.
This Agreement may apply to any or all software for which the holder of the economic rights decides to submit the operation thereof to its provisions.
The purpose of this Free Software Licensing Agreement is to grant users the
right to modify and redistribute the software governed by this license within
the framework of an "open source" distribution model.
The exercising of these rights is conditional upon certain obligations for
users so as to ensure that this status is retained for subsequent redistribution
operations.
As a counterpart to the access to the source code and rights to copy, modify
and redistribute granted by the license, users are provided only with a limited
warranty and the software's author, the holder of the economic rights, and
the successive licensors only have limited liability.
In this respect, it is brought to the user's attention that the risks associated
with loading, using, modifying and/or developing or reproducing the software
by the user given its nature of Free Software, that may mean that it is complicated
to manipulate, and that also therefore means that it is reserved for developers
and experienced professionals having in-depth computer knowledge. Users are
therefore encouraged to load and test the Software's suitability as regards
their requirements in conditions enabling the security of their systems and/or
data to be ensured and, more generally, to use and operate it in the same
conditions of security. This Agreement may be freely reproduced and published,
provided it is not altered, and that no Articles are either added or removed
herefrom.
This Agreement may apply to any or all software for which the holder of the
economic rights decides to submit the operation thereof to its provisions.
Article 1 - DEFINITIONS
For the purposes of this Agreement, when the following expressions commence with a capital letter, they shall have the following meaning:
Agreement: means this Licensing Agreement, and any or all of its subsequent versions.
For the purposes of this Agreement, when the following expressions commence
with a capital letter, they shall have the following meaning:
Agreement: means this Licensing Agreement, and any or all of its subsequent
versions.
Software: means the software in its Object Code and/or Source Code form and,
where applicable, its documentation, "as is" at the time when the Licensee
accepts the Agreement.
Initial Software: means the Software in its Source Code and/or Object Code
form and, where applicable, its documentation, "as is" at the time when it
is distributed for the first time under the terms and conditions of the Agreement.
Software: means the software in its Object Code and/or Source Code form and, where applicable, its documentation, "as is" at the time when the Licensee accepts the Agreement.
Initial Software: means the Software in its Source Code and/or Object Code form and, where applicable, its documentation, "as is" at the time when it is distributed for the first time under the terms and conditions of the Agreement.
Modified Software: means the Software modified by at least one Contribution.
Source Code: means all the Software's instructions and program lines to which access is required so as to modify the Software.
Object Code: means the binary files originating from the compilation of the Source Code.
Source Code: means all the Software's instructions and program lines to which
access is required so as to modify the Software.
Object Code: means the binary files originating from the compilation of the
Source Code.
Holder: means the holder of the economic rights over the Initial Software.
Licensee(s): mean(s) the Software user(s) having accepted the Agreement.
Contributor: means a Licensee having made at least one Contribution.
Licensor: means the Holder, or any or all other individual or legal entity, that distributes the Software under the Agreement.
Contributions: mean any or all modifications, corrections, translations, adaptations and/or new functionalities integrated into the Software by any or all Contributor, and the Static Modules.
Module: means a set of sources files including their documentation that, once compiled in executable form, enables supplementary functionalities or services to be developed in addition to those offered by the Software.
Licensor: means the Holder, or any or all other individual or legal entity,
that distributes the Software under the Agreement.
Contributions: mean any or all modifications, corrections, translations, adaptations
and/or new functionalities integrated into the Software by any or all Contributor,
and the Static Modules.
Module: means a set of sources files including their documentation that, once
compiled in executable form, enables supplementary functionalities or services
to be developed in addition to those offered by the Software.
Dynamic Module: means any or all module, created by the Contributor, that
is independent of the Software, so that this module and the Software are in
two different executable forms that are run in separate address spaces, with
one calling the other when they are run.
Static Module: means any or all module, created by the Contributor and connected
to the Software by a static link that makes their object codes interdependent.
This module and the Software to which it is connected, are combined in a single
executable.
Dynamic Module: means any or all module, created by the Contributor, that is independent of the Software, so that this module and the Software are in two different executable forms that are run in separate address spaces, with one calling the other when they are run.
Static Module: means any or all module, created by the Contributor and connected to the Software by a static link that makes their object codes interdependent. This module and the Software to which it is connected, are combined in a single executable.
Parties: mean both the Licensee and the Licensor.
These expressions may be used both in singular and plural form.
Article 2 - PURPOSE
The purpose of the Agreement is to enable the Licensor to grant the Licensee a free, non-exclusive, transferable and worldwide License for the Software as set forth in Article 5 hereinafter for the whole term of protection of the rights over said Software.
The purpose of the Agreement is to enable the Licensor to grant the Licensee
a free, non-exclusive, transferable and worldwide License for the Software
as set forth in Article 5 hereinafter for the whole term of protection of
the rights over said Software.
Article 3 - ACCEPTANCE
3.1. The Licensee shall be deemed as having accepted the terms and conditions of this Agreement by the occurrence of the first of the following events:
(i) loading the Software by any or all means, notably, by downloading from a remote server, or by loading from a physical medium;
3.1. The Licensee shall be deemed as having accepted the terms and conditions
of this Agreement by the occurrence of the first of the following events:
(i) loading the Software by any or all means, notably, by downloading from
a remote server, or by loading from a physical medium;
(ii) the first time the Licensee exercises any of the rights granted hereunder.
3.2. One copy of the Agreement, containing a notice relating to the specific nature of the Software, to the limited warranty, and to the limitation to use by experienced users has been provided to the Licensee prior to its acceptance as set forth in Article 3.1 hereinabove, and the Licensee hereby acknowledges that it is aware thereof.
3.2. One copy of the Agreement, containing a notice relating to the specific
nature of the Software, to the limited warranty, and to the limitation to
use by experienced users has been provided to the Licensee prior to its acceptance
as set forth in Article 3.1 hereinabove, and the Licensee hereby acknowledges
that it is aware thereof.
Article 4 - EFFECTIVE DATE AND TERM
4.1. EFFECTIVE DATE
The Agreement shall become effective on the date when it is accepted by the Licensee as set forth in Article 3.1.
The Agreement shall become effective on the date when it is accepted by the
Licensee as set forth in Article 3.1.
4.2. TERM
The Agreement shall remain in force during the whole legal term of protection of the economic rights over the Software.
The Agreement shall remain in force during the whole legal term of protection
of the economic rights over the Software.
Article 5 - SCOPE OF THE RIGHTS GRANTED ---------------------------------------
The Licensor hereby grants to the Licensee, that accepts such, the following rights as regards the Software for any or all use, and for the term of the Agreement, on the basis of the terms and conditions set forth hereinafter.
Otherwise, the Licensor grants to the Licensee free of charge exploitation rights on the patents he holds on whole or part of the inventions implemented in the Software.
The Licensor hereby grants to the Licensee, that accepts such, the following
rights as regards the Software for any or all use, and for the term of the
Agreement, on the basis of the terms and conditions set forth hereinafter.
Otherwise, the Licensor grants to the Licensee free of charge exploitation
rights on the patents he holds on whole or part of the inventions implemented
in the Software.
5.1. RIGHTS OF USE
The Licensee is authorized to use the Software, unrestrictedly, as regards the fields of application, with it being hereinafter specified that this relates to:
1. permanent or temporary reproduction of all or part of the Software by any or all means and in any or all form.
The Licensee is authorized to use the Software, unrestrictedly, as regards
the fields of application, with it being hereinafter specified that this relates
to:
1. permanent or temporary reproduction of all or part of the Software by any
or all means and in any or all form.
2. loading, displaying, running, or storing the Software on any or all medium.
3. entitlement to observe, study or test the operation thereof so as to establish the ideas and principles that form the basis for any or all constituent elements of said Software. This shall apply when the Licensee carries out any or all loading, displaying, running, transmission or storage operation as regards the Software, that it is entitled to carry out hereunder.
3. entitlement to observe, study or test the operation thereof so as to establish
the ideas and principles that form the basis for any or all constituent elements
of said Software. This shall apply when the Licensee carries out any or all
loading, displaying, running, transmission or storage operation as regards
the Software, that it is entitled to carry out hereunder.
5.2. ENTITLEMENT TO MAKE CONTRIBUTIONS
The right to make Contributions includes the right to translate, adapt, arrange, or make any or all modification to the Software, and the right to reproduce the resulting Software.
The Licensee is authorized to make any or all Contribution to the Software provided that it explicitly mentions its name as the author of said Contribution and the date of the development thereof.
The right to make Contributions includes the right to translate, adapt, arrange,
or make any or all modification to the Software, and the right to reproduce
the resulting Software.
The Licensee is authorized to make any or all Contribution to the Software
provided that it explicitly mentions its name as the author of said Contribution
and the date of the development thereof.
5.3. DISTRIBUTION AND PUBLICATION RIGHTS
In particular, the right of distribution and publication includes the right to transmit and communicate the Software to the general public on any or all medium, and by any or all means, and the right to market, either in consideration of a fee, or free of charge, a copy or copies of the Software by means of any or all process. The Licensee is further authorized to redistribute copies of the modified or unmodified Software to third parties according to the terms and conditions set forth hereinafter.
In particular, the right of distribution and publication includes the right
to transmit and communicate the Software to the general public on any or all
medium, and by any or all means, and the right to market, either in consideration
of a fee, or free of charge, a copy or copies of the Software by means of
any or all process. The Licensee is further authorized to redistribute copies
of the modified or unmodified Software to third parties according to the terms
and conditions set forth hereinafter.
5.3.1. REDISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
The Licensee is authorized to redistribute true copies of the Software in Source Code or Object Code form, provided that said redistribution complies with all the provisions of the Agreement and is accompanied by:
The Licensee is authorized to redistribute true copies of the Software in
Source Code or Object Code form, provided that said redistribution complies
with all the provisions of the Agreement and is accompanied by:
1. a copy of the Agreement,
2. a notice relating to the limitation of both the Licensor's warranty and liability as set forth in Articles 8 and 9,
and that, in the event that only the Software's Object Code is redistributed, the Licensee allows future Licensees unhindered access to the Software's full Source Code by providing them with the terms and conditions for access thereto, it being understood that the additional cost of acquiring the Source Code shall not exceed the cost of transferring the data.
2. a notice relating to the limitation of both the Licensor's warranty and
liability as set forth in Articles 8 and 9,
and that, in the event that only the Software's Object Code is redistributed,
the Licensee allows future Licensees unhindered access to the Software's full
Source Code by providing them with the terms and conditions for access thereto,
it being understood that the additional cost of acquiring the Source Code
shall not exceed the cost of transferring the data.
5.3.2. REDISTRIBUTION OF MODIFIED SOFTWARE
When the Licensee makes a Contribution to the Software, the terms and conditions for the redistribution of the Modified Software shall then be subject to all the provisions hereof.
The Licensee is authorized to redistribute the Modified Software, in Source Code or Object Code form, provided that said redistribution complies with all the provisions of the Agreement and is accompanied by:
When the Licensee makes a Contribution to the Software, the terms and conditions
for the redistribution of the Modified Software shall then be subject to all
the provisions hereof.
The Licensee is authorized to redistribute the Modified Software, in Source
Code or Object Code form, provided that said redistribution complies with
all the provisions of the Agreement and is accompanied by:
1. a copy of the Agreement,
2. a notice relating to the limitation of both the Licensor's warranty and liability as set forth in Articles 8 and 9,
and that, in the event that only the Modified Software's Object Code is redistributed, the Licensee allows future Licensees unhindered access to the Modified Software's full Source Code by providing them with the terms and conditions for access thereto, it being understood that the additional cost of acquiring the Source Code shall not exceed the cost of transferring the data.
2. a notice relating to the limitation of both the Licensor's warranty and
liability as set forth in Articles 8 and 9,
and that, in the event that only the Modified Software's Object Code is redistributed,
the Licensee allows future Licensees unhindered access to the Modified Software's
full Source Code by providing them with the terms and conditions for access
thereto, it being understood that the additional cost of acquiring the Source
Code shall not exceed the cost of transferring the data.
5.3.3. REDISTRIBUTION OF DYNAMIC MODULES
When the Licensee has developed a Dynamic Module, the terms and conditions hereof do not apply to said Dynamic Module, that may be distributed under a separate Licensing Agreement.
When the Licensee has developed a Dynamic Module, the terms and conditions
hereof do not apply to said Dynamic Module, that may be distributed under
a separate Licensing Agreement.
5.3.4. COMPATIBILITY WITH THE GPL LICENSE
In the event that the Modified or unmodified Software is included in a code that is subject to the provisions of the GPL License, the Licensee is authorized to redistribute the whole under the GPL License.
In the event that the Modified Software includes a code that is subject to the provisions of the GPL License, the Licensee is authorized to redistribute the Modified Software under the GPL License.
In the event that the Modified or unmodified Software is included in a code
that is subject to the provisions of the GPL License, the Licensee is authorized
to redistribute the whole under the GPL License.
In the event that the Modified Software includes a code that is subject to
the provisions of the GPL License, the Licensee is authorized to redistribute
the Modified Software under the GPL License.
Article 6 - INTELLECTUAL PROPERTY
6.1. OVER THE INITIAL SOFTWARE
The Holder owns the economic rights over the Initial Software. Any or all use of the Initial Software is subject to compliance with the terms and conditions under which the Holder has elected to distribute its work and no one shall be entitled to and it shall have sole entitlement to modify the terms and conditions for the distribution of said Initial Software.
The Holder undertakes to maintain the distribution of the Initial Software under the conditions of the Agreement, for the duration set forth in article 4.2..
The Holder owns the economic rights over the Initial Software. Any or all
use of the Initial Software is subject to compliance with the terms and conditions
under which the Holder has elected to distribute its work and no one shall
be entitled to and it shall have sole entitlement to modify the terms and
conditions for the distribution of said Initial Software.
The Holder undertakes to maintain the distribution of the Initial Software
under the conditions of the Agreement, for the duration set forth in article
4.2..
6.2. OVER THE CONTRIBUTIONS
The intellectual property rights over the Contributions belong to the holder of the economic rights as designated by effective legislation.
The intellectual property rights over the Contributions belong to the holder
of the economic rights as designated by effective legislation.
6.3. OVER THE DYNAMIC MODULES
The Licensee having developed a Dynamic Module is the holder of the intellectual property rights over said Dynamic Module and is free to choose the agreement that shall govern its distribution.
The Licensee having developed a Dynamic Module is the holder of the intellectual
property rights over said Dynamic Module and is free to choose the agreement
that shall govern its distribution.
6.4. JOINT PROVISIONS
6.4.1. The Licensee expressly undertakes:
1. not to remove, or modify, in any or all manner, the intellectual property notices affixed to the Software;
2. to reproduce said notices, in an identical manner, in the copies of the Software.
6.4.2. The Licensee undertakes not to directly or indirectly infringe the intellectual property rights of the Holder and/or Contributors and to take, where applicable, vis-à-vis its staff, any or all measures required to ensure respect for said intellectual property rights of the Holder and/or Contributors.
6.4.1. The Licensee expressly undertakes:
1. not to remove, or modify, in any or all manner, the intellectual property
notices affixed to the Software;
2. to reproduce said notices, in an identical manner, in the copies of the
Software.
6.4.2. The Licensee undertakes not to directly or indirectly infringe the
intellectual property rights of the Holder and/or Contributors and to take,
where applicable, vis-à-vis its staff, any or all measures required to ensure
respect for said intellectual property rights of the Holder and/or Contributors.
Article 7 - RELATED SERVICES
7.1. Under no circumstances shall the Agreement oblige the Licensor to provide technical assistance or maintenance services for the Software.
However, the Licensor is entitled to offer this type of service. The terms and conditions of such technical assistance, and/or such maintenance, shall then be set forth in a separate instrument. Only the Licensor offering said maintenance and/or technical assistance services shall incur liability therefor.
7.2. Similarly, any or all Licensor shall be entitled to offer to its Licensees, under its own responsibility, a warranty, that shall only be binding upon itself, for the redistribution of the Software and/or the Modified Software, under terms and conditions that it shall decide upon itself. Said warranty, and the financial terms and conditions of its application, shall be subject to a separate instrument executed between the Licensor and the Licensee.
7.1. Under no circumstances shall the Agreement oblige the Licensor to provide
technical assistance or maintenance services for the Software.
However, the Licensor is entitled to offer this type of service. The terms
and conditions of such technical assistance, and/or such maintenance, shall
then be set forth in a separate instrument. Only the Licensor offering said
maintenance and/or technical assistance services shall incur liability therefor.
7.2. Similarly, any or all Licensor shall be entitled to offer to its Licensees,
under its own responsibility, a warranty, that shall only be binding upon
itself, for the redistribution of the Software and/or the Modified Software,
under terms and conditions that it shall decide upon itself. Said warranty,
and the financial terms and conditions of its application, shall be subject
to a separate instrument executed between the Licensor and the Licensee.
Article 8 - LIABILITY
8.1. Subject to the provisions of Article 8.2, should the Licensor fail to fulfill all or part of its obligations hereunder, the Licensee shall be entitled to claim compensation for the direct loss suffered as a result of a fault on the part of the Licensor, subject to providing evidence of it.
8.2. The Licensor's liability is limited to the commitments made under this Licensing Agreement and shall not be incurred as a result , in particular: (i) of loss due the Licensee's total or partial failure to fulfill its obligations, (ii) direct or consequential loss due to the Software's use or performance that is suffered by the Licensee, when the latter is a professional using said Software for professional purposes and (iii) consequential loss due to the Software's use or performance. The Parties expressly agree that any or all pecuniary or business loss (i.e. loss of data, loss of profits, operating loss, loss of customers or orders, opportunity cost, any disturbance to business activities) or any or all legal proceedings instituted against the Licensee by a third party, shall constitute consequential loss and shall not provide entitlement to any or all compensation from the Licensor.
8.1. Subject to the provisions of Article 8.2, should the Licensor fail to
fulfill all or part of its obligations hereunder, the Licensee shall be entitled
to claim compensation for the direct loss suffered as a result of a fault
on the part of the Licensor, subject to providing evidence of it.
8.2. The Licensor's liability is limited to the commitments made under this
Licensing Agreement and shall not be incurred as a result , in particular:
(i) of loss due the Licensee's total or partial failure to fulfill its obligations,
(ii) direct or consequential loss due to the Software's use or performance
that is suffered by the Licensee, when the latter is a professional using
said Software for professional purposes and (iii) consequential loss due to
the Software's use or performance. The Parties expressly agree that any or
all pecuniary or business loss (i.e. loss of data, loss of profits, operating
loss, loss of customers or orders, opportunity cost, any disturbance to business
activities) or any or all legal proceedings instituted against the Licensee
by a third party, shall constitute consequential loss and shall not provide
entitlement to any or all compensation from the Licensor.
Article 9 - WARRANTY
9.1. The Licensee acknowledges that the current situation as regards scientific and technical know-how at the time when the Software was distributed did not enable all possible uses to be tested and verified, nor for the presence of any or all faults to be detected. In this respect, the Licensee's attention has been drawn to the risks associated with loading, using, modifying and/or developing and reproducing the Software that are reserved for experienced users.
The Licensee shall be responsible for verifying, by any or all means, the product's suitability for its requirements, its due and proper functioning, and for ensuring that it shall not cause damage to either persons or property.
9.2. The Licensor hereby represents, in good faith, that it is entitled to grant all the rights on the Software (including in particular the rights set forth in Article 5 hereof over the Software).
9.3. The Licensee acknowledges that the Software is supplied "as is" by the Licensor without any or all other express or tacit warranty, other than that provided for in Article 9.2 and, in particular, without any or all warranty as to its market value, its secured, innovative or relevant nature.
Specifically, the Licensor does not warrant that the Software is free from any or all error, that it shall operate continuously, that it shall be compatible with the Licensee's own equipment and its software configuration, nor that it shall meet the Licensee's requirements.
9.4. The Licensor does not either expressly or tacitly warrant that the Software does not infringe any or all third party intellectual right relating to a patent, software or to any or all other property right. Moreover, the Licensor shall not hold the Licensee harmless against any or all proceedings for infringement that may be instituted in respect of the use, modification and redistribution of the Software. Nevertheless, should such proceedings be instituted against the Licensee, the Licensor shall provide it with technical and legal assistance for its defense. Such technical and legal assistance shall be decided upon on a case-by-case basis between the relevant Licensor and the Licensee pursuant to a memorandum of understanding. The Licensor disclaims any or all liability as regards the Licensee's use of the Software's name. No warranty shall be provided as regards the existence of prior rights over the name of the Software and as regards the existence of a trademark.
9.1. The Licensee acknowledges that the current situation as regards scientific
and technical know-how at the time when the Software was distributed did not
enable all possible uses to be tested and verified, nor for the presence of
any or all faults to be detected. In this respect, the Licensee's attention
has been drawn to the risks associated with loading, using, modifying and/or
developing and reproducing the Software that are reserved for experienced
users.
The Licensee shall be responsible for verifying, by any or all means, the
product's suitability for its requirements, its due and proper functioning,
and for ensuring that it shall not cause damage to either persons or property.
9.2. The Licensor hereby represents, in good faith, that it is entitled to
grant all the rights on the Software (including in particular the rights set
forth in Article 5 hereof over the Software).
9.3. The Licensee acknowledges that the Software is supplied "as is" by the
Licensor without any or all other express or tacit warranty, other than that
provided for in Article 9.2 and, in particular, without any or all warranty
as to its market value, its secured, innovative or relevant nature.
Specifically, the Licensor does not warrant that the Software is free from
any or all error, that it shall operate continuously, that it shall be compatible
with the Licensee's own equipment and its software configuration, nor that
it shall meet the Licensee's requirements.
9.4. The Licensor does not either expressly or tacitly warrant that the Software
does not infringe any or all third party intellectual right relating to a
patent, software or to any or all other property right. Moreover, the Licensor
shall not hold the Licensee harmless against any or all proceedings for infringement
that may be instituted in respect of the use, modification and redistribution
of the Software. Nevertheless, should such proceedings be instituted against
the Licensee, the Licensor shall provide it with technical and legal assistance
for its defense. Such technical and legal assistance shall be decided upon
on a case-by-case basis between the relevant Licensor and the Licensee pursuant
to a memorandum of understanding. The Licensor disclaims any or all liability
as regards the Licensee's use of the Software's name. No warranty shall be
provided as regards the existence of prior rights over the name of the Software
and as regards the existence of a trademark.
Article 10 - TERMINATION
10.1. In the event of a breach by the Licensee of its obligations hereunder, the Licensor may automatically terminate this Agreement thirty (30) days after notice has been sent to the Licensee and has remained ineffective.
10.2. The Licensee whose Agreement is terminated shall no longer be authorized to use, modify or distribute the Software. However, any or all licenses that it may have granted prior to termination of the Agreement shall remain valid subject to their having been granted in compliance with the terms and conditions hereof.
10.1. In the event of a breach by the Licensee of its obligations hereunder,
the Licensor may automatically terminate this Agreement thirty (30) days after
notice has been sent to the Licensee and has remained ineffective.
10.2. The Licensee whose Agreement is terminated shall no longer be authorized
to use, modify or distribute the Software. However, any or all licenses that
it may have granted prior to termination of the Agreement shall remain valid
subject to their having been granted in compliance with the terms and conditions
hereof.
Article 11 - MISCELLANEOUS PROVISIONS
11.1. EXCUSABLE EVENTS
Neither Party shall be liable for any or all delay, or failure to perform the Agreement, that may be attributable to an event of force majeure, an act of God or an outside cause, such as, notably, defective functioning, or interruptions affecting the electricity or telecommunications networks, blocking of the network following a virus attack, the intervention of the government authorities, natural disasters, water damage, earthquakes, fire, explosions, strikes and labor unrest, war, etc.
11.2. The fact that either Party may fail, on one or several occasions, to invoke one or several of the provisions hereof, shall under no circumstances be interpreted as being a waiver by the interested Party of its entitlement to invoke said provision(s) subsequently.
11.3. The Agreement cancels and replaces any or all previous agreement, whether written or oral, between the Parties and having the same purpose, and constitutes the entirety of the agreement between said Parties concerning said purpose. No supplement or modification to the terms and conditions hereof shall be effective as regards the Parties unless it is made in writing and signed by their duly authorized representatives.
11.4. In the event that one or several of the provisions hereof were to conflict with a current or future applicable act or legislative text, said act or legislative text shall take precedence, and the Parties shall make the necessary amendments so as to be in compliance with said act or legislative text. All the other provisions shall remain effective. Similarly, the fact that a provision of the Agreement may be null and void, for any reason whatsoever, shall not cause the Agreement as a whole to be null and void.
Neither Party shall be liable for any or all delay, or failure to perform
the Agreement, that may be attributable to an event of force majeure, an act
of God or an outside cause, such as, notably, defective functioning, or interruptions
affecting the electricity or telecommunications networks, blocking of the
network following a virus attack, the intervention of the government authorities,
natural disasters, water damage, earthquakes, fire, explosions, strikes and
labor unrest, war, etc.
11.2. The fact that either Party may fail, on one or several occasions, to
invoke one or several of the provisions hereof, shall under no circumstances
be interpreted as being a waiver by the interested Party of its entitlement
to invoke said provision(s) subsequently.
11.3. The Agreement cancels and replaces any or all previous agreement, whether
written or oral, between the Parties and having the same purpose, and constitutes
the entirety of the agreement between said Parties concerning said purpose.
No supplement or modification to the terms and conditions hereof shall be
effective as regards the Parties unless it is made in writing and signed by
their duly authorized representatives.
11.4. In the event that one or several of the provisions hereof were to conflict
with a current or future applicable act or legislative text, said act or legislative
text shall take precedence, and the Parties shall make the necessary amendments
so as to be in compliance with said act or legislative text. All the other
provisions shall remain effective. Similarly, the fact that a provision of
the Agreement may be null and void, for any reason whatsoever, shall not cause
the Agreement as a whole to be null and void.
11.5. LANGUAGE
The Agreement is drafted in both French and English. In the event of a conflict as regards construction, the French version shall be deemed authentic.
The Agreement is drafted in both French and English. In the event of a conflict
as regards construction, the French version shall be deemed authentic.
Article 12 - NEW VERSIONS OF THE AGREEMENT
12.1. Any or all person is authorized to duplicate and distribute copies of this Agreement.
12.2. So as to ensure coherence, the wording of this Agreement is protected and may only be modified by the authors of the License, that reserve the right to periodically publish updates or new versions of the Agreement, each with a separate number. These subsequent versions may address new issues encountered by Free Software.
12.3. Any or all Software distributed under a given version of the Agreement may only be subsequently distributed under the same version of the Agreement, or a subsequent version, subject to the provisions of article 5.3.4.
12.1. Any or all person is authorized to duplicate and distribute copies of
this Agreement.
12.2. So as to ensure coherence, the wording of this Agreement is protected
and may only be modified by the authors of the License, that reserve the right
to periodically publish updates or new versions of the Agreement, each with
a separate number. These subsequent versions may address new issues encountered
by Free Software.
12.3. Any or all Software distributed under a given version of the Agreement
may only be subsequently distributed under the same version of the Agreement,
or a subsequent version, subject to the provisions of article 5.3.4.
Article 13 - GOVERNING LAW AND JURISDICTION
13.1. The Agreement is governed by French law. The Parties agree to endeavor to settle the disagreements or disputes that may arise during the performance of the Agreement out-of-court.
13.2. In the absence of an out-of-court settlement within two (2) months as from their occurrence, and unless emergency proceedings are necessary, the disagreements or disputes shall be referred to the Paris Courts having jurisdiction, by the first Party to take action.
13.1. The Agreement is governed by French law. The Parties agree to endeavor
to settle the disagreements or disputes that may arise during the performance
of the Agreement out-of-court.
13.2. In the absence of an out-of-court settlement within two (2) months as
from their occurrence, and unless emergency proceedings are necessary, the
disagreements or disputes shall be referred to the Paris Courts having jurisdiction,
by the first Party to take action.
Version 1.1 of 10/26/2004

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CeCILL FREE SOFTWARE LICENSE AGREEMENT Notice
This Agreement is a Free Software license agreement that is the result of discussions between its authors in order to ensure compliance with the two main principles guiding its drafting:
* firstly, compliance with the principles governing the distribution of Free Software: access to source code, broad rights granted to users,
* secondly, the election of a governing law, French law, with which it is conformant, both as regards the law of torts and intellectual property law, and the protection that it offers to both authors and holders of the economic rights over software.
This Agreement is a Free Software license agreement that is the result of
discussions between its authors in order to ensure compliance with the two
main principles guiding its drafting:
* firstly, compliance with the principles governing the distribution of Free
Software: access to source code, broad rights granted to users,
* secondly, the election of a governing law, French law, with which it is
conformant, both as regards the law of torts and intellectual property law,
and the protection that it offers to both authors and holders of the economic
rights over software.
The authors of the CeCILL¹ license are:
Commissariat à l'Energie Atomique - CEA, a public scientific, technical and industrial research establishment, having its principal place of business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
Centre National de la Recherche Scientifique - CNRS, a public scientific and technological establishment, having its principal place of business at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
Institut National de Recherche en Informatique et en Automatique - INRIA, a public scientific and technological establishment, having its principal place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay cedex, France.
Preamble The purpose of this Free Software license agreement is to grant users the right to modify and redistribute the software governed by this license within the framework of an open source distribution model.
The exercising of these rights is conditional upon certain obligations for users so as to preserve this status for all subsequent redistributions.
In consideration of access to the source code and the rights to copy, modify and redistribute granted by the license, users are provided only with a limited warranty and the software's author, the holder of the economic rights, and the successive licensors only have limited liability.
In this respect, the risks associated with loading, using, modifying and/or developing or reproducing the software by the user are brought to the user's attention, given its Free Software status, which may make it complicated to use, with the result that its use is reserved for developers and experienced professionals having in-depth computer knowledge. Users are therefore encouraged to load and test the suitability of the software as regards their requirements in conditions enabling the security of their systems and/or data to be ensured and, more generally, to use and operate it in the same conditions of security. This Agreement may be freely reproduced and published, provided it is not altered, and that no provisions are either added or removed herefrom.
This Agreement may apply to any or all software for which the holder of the economic rights decides to submit the use thereof to its provisions.
Commissariat à l'Energie Atomique - CEA, a public scientific, technical and
industrial research establishment, having its principal place of business
at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
Centre National de la Recherche Scientifique - CNRS, a public scientific and
technological establishment, having its principal place of business at 3 rue
Michel-Ange, 75794 Paris cedex 16, France.
Institut National de Recherche en Informatique et en Automatique - INRIA,
a public scientific and technological establishment, having its principal
place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay
cedex, France.
Preamble The purpose of this Free Software license agreement is to grant users
the right to modify and redistribute the software governed by this license
within the framework of an open source distribution model.
The exercising of these rights is conditional upon certain obligations for
users so as to preserve this status for all subsequent redistributions.
In consideration of access to the source code and the rights to copy, modify
and redistribute granted by the license, users are provided only with a limited
warranty and the software's author, the holder of the economic rights, and
the successive licensors only have limited liability.
In this respect, the risks associated with loading, using, modifying and/or
developing or reproducing the software by the user are brought to the user's
attention, given its Free Software status, which may make it complicated to
use, with the result that its use is reserved for developers and experienced
professionals having in-depth computer knowledge. Users are therefore encouraged
to load and test the suitability of the software as regards their requirements
in conditions enabling the security of their systems and/or data to be ensured
and, more generally, to use and operate it in the same conditions of security.
This Agreement may be freely reproduced and published, provided it is not
altered, and that no provisions are either added or removed herefrom.
This Agreement may apply to any or all software for which the holder of the
economic rights decides to submit the use thereof to its provisions.
Article 1 - DEFINITIONS
For the purpose of this Agreement, when the following expressions commence with a capital letter, they shall have the following meaning:
Agreement: means this license agreement, and its possible subsequent versions and annexes.
For the purpose of this Agreement, when the following expressions commence
with a capital letter, they shall have the following meaning:
Agreement: means this license agreement, and its possible subsequent versions
and annexes.
Software: means the software in its Object Code and/or Source Code form and,
where applicable, its documentation, "as is" when the Licensee accepts the
Agreement.
Initial Software: means the Software in its Source Code and possibly its Object
Code form and, where applicable, its documentation, "as is" when it is first
distributed under the terms and conditions of the Agreement.
Software: means the software in its Object Code and/or Source Code form and, where applicable, its documentation, "as is" when the Licensee accepts the Agreement.
Initial Software: means the Software in its Source Code and possibly its Object Code form and, where applicable, its documentation, "as is" when it is first distributed under the terms and conditions of the Agreement.
Modified Software: means the Software modified by at least one Contribution.
Source Code: means all the Software's instructions and program lines to which access is required so as to modify the Software.
Object Code: means the binary files originating from the compilation of the Source Code.
Source Code: means all the Software's instructions and program lines to which
access is required so as to modify the Software.
Object Code: means the binary files originating from the compilation of the
Source Code.
Holder: means the holder(s) of the economic rights over the Initial Software.
Licensee: means the Software user(s) having accepted the Agreement.
Contributor: means a Licensee having made at least one Contribution.
Licensor: means the Holder, or any other individual or legal entity, who distributes the Software under the Agreement.
Contribution: means any or all modifications, corrections, translations, adaptations and/or new functions integrated into the Software by any or all Contributors, as well as any or all Internal Modules.
Module: means a set of sources files including their documentation that enables supplementary functions or services in addition to those offered by the Software.
Licensor: means the Holder, or any other individual or legal entity, who distributes
the Software under the Agreement.
External Module: means any or all Modules, not derived from the Software, so that this Module and the Software run in separate address spaces, with one calling the other when they are run.
Internal Module: means any or all Module, connected to the Software so that they both execute in the same address space.
GNU GPL: means the GNU General Public License version 2 or any subsequent version, as published by the Free Software Foundation Inc.
Contribution: means any or all modifications, corrections, translations, adaptations
and/or new functions integrated into the Software by any or all Contributors,
as well as any or all Internal Modules.
Module: means a set of sources files including their documentation that enables
supplementary functions or services in addition to those offered by the Software.
External Module: means any or all Modules, not derived from the Software,
so that this Module and the Software run in separate address spaces, with
one calling the other when they are run.
Internal Module: means any or all Module, connected to the Software so that
they both execute in the same address space.
GNU GPL: means the GNU General Public License version 2 or any subsequent
version, as published by the Free Software Foundation Inc.
Parties: mean both the Licensee and the Licensor.
These expressions may be used both in singular and plural form.
Article 2 - PURPOSE
The purpose of the Agreement is the grant by the Licensor to the Licensee of a non-exclusive, transferable and worldwide license for the Software as set forth in Article 5 hereinafter for the whole term of the protection granted by the rights over said Software.
The purpose of the Agreement is the grant by the Licensor to the Licensee
of a non-exclusive, transferable and worldwide license for the Software as
set forth in Article 5 hereinafter for the whole term of the protection granted
by the rights over said Software.
Article 3 - ACCEPTANCE
3.1 The Licensee shall be deemed as having accepted the terms and conditions of this Agreement upon the occurrence of the first of the following events:
(i) loading the Software by any or all means, notably, by downloading from a remote server, or by loading from a physical medium;
3.1 The Licensee shall be deemed as having accepted the terms and conditions
of this Agreement upon the occurrence of the first of the following events:
(i) loading the Software by any or all means, notably, by downloading from
a remote server, or by loading from a physical medium;
(ii) the first time the Licensee exercises any of the rights granted hereunder.
3.2 One copy of the Agreement, containing a notice relating to the characteristics of the Software, to the limited warranty, and to the fact that its use is restricted to experienced users has been provided to the Licensee prior to its acceptance as set forth in Article 3.1 hereinabove, and the Licensee hereby acknowledges that it has read and understood it.
3.2 One copy of the Agreement, containing a notice relating to the characteristics
of the Software, to the limited warranty, and to the fact that its use is
restricted to experienced users has been provided to the Licensee prior to
its acceptance as set forth in Article 3.1 hereinabove, and the Licensee hereby
acknowledges that it has read and understood it.
Article 4 - EFFECTIVE DATE AND TERM
4.1 EFFECTIVE DATE
The Agreement shall become effective on the date when it is accepted by the Licensee as set forth in Article 3.1.
The Agreement shall become effective on the date when it is accepted by the
Licensee as set forth in Article 3.1.
4.2 TERM
The Agreement shall remain in force for the entire legal term of protection of the economic rights over the Software.
The Agreement shall remain in force for the entire legal term of protection
of the economic rights over the Software.
Article 5 - SCOPE OF RIGHTS GRANTED
The Licensor hereby grants to the Licensee, who accepts, the following rights over the Software for any or all use, and for the term of the Agreement, on the basis of the terms and conditions set forth hereinafter.
Besides, if the Licensor owns or comes to own one or more patents protecting all or part of the functions of the Software or of its components, the Licensor undertakes not to enforce the rights granted by these patents against successive Licensees using, exploiting or modifying the Software. If these patents are transferred, the Licensor undertakes to have the transferees subscribe to the obligations set forth in this paragraph.
The Licensor hereby grants to the Licensee, who accepts, the following rights
over the Software for any or all use, and for the term of the Agreement, on
the basis of the terms and conditions set forth hereinafter.
Besides, if the Licensor owns or comes to own one or more patents protecting
all or part of the functions of the Software or of its components, the Licensor
undertakes not to enforce the rights granted by these patents against successive
Licensees using, exploiting or modifying the Software. If these patents are
transferred, the Licensor undertakes to have the transferees subscribe to
the obligations set forth in this paragraph.
5.1 RIGHT OF USE
The Licensee is authorized to use the Software, without any limitation as to its fields of application, with it being hereinafter specified that this comprises:
1. permanent or temporary reproduction of all or part of the Software by any or all means and in any or all form.
The Licensee is authorized to use the Software, without any limitation as
to its fields of application, with it being hereinafter specified that this
comprises:
1. permanent or temporary reproduction of all or part of the Software by any
or all means and in any or all form.
2. loading, displaying, running, or storing the Software on any or all medium.
3. entitlement to observe, study or test its operation so as to determine the ideas and principles behind any or all constituent elements of said Software. This shall apply when the Licensee carries out any or all loading, displaying, running, transmission or storage operation as regards the Software, that it is entitled to carry out hereunder.
3. entitlement to observe, study or test its operation so as to determine
the ideas and principles behind any or all constituent elements of said Software.
This shall apply when the Licensee carries out any or all loading, displaying,
running, transmission or storage operation as regards the Software, that it
is entitled to carry out hereunder.
5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
The right to make Contributions includes the right to translate, adapt, arrange, or make any or all modifications to the Software, and the right to reproduce the resulting software.
The Licensee is authorized to make any or all Contributions to the Software provided that it includes an explicit notice that it is the author of said Contribution and indicates the date of the creation thereof.
The right to make Contributions includes the right to translate, adapt, arrange,
or make any or all modifications to the Software, and the right to reproduce
the resulting software.
The Licensee is authorized to make any or all Contributions to the Software
provided that it includes an explicit notice that it is the author of said
Contribution and indicates the date of the creation thereof.
5.3 RIGHT OF DISTRIBUTION
In particular, the right of distribution includes the right to publish, transmit and communicate the Software to the general public on any or all medium, and by any or all means, and the right to market, either in consideration of a fee, or free of charge, one or more copies of the Software by any means.
The Licensee is further authorized to distribute copies of the modified or unmodified Software to third parties according to the terms and conditions set forth hereinafter.
In particular, the right of distribution includes the right to publish, transmit
and communicate the Software to the general public on any or all medium, and
by any or all means, and the right to market, either in consideration of a
fee, or free of charge, one or more copies of the Software by any means.
The Licensee is further authorized to distribute copies of the modified or
unmodified Software to third parties according to the terms and conditions
set forth hereinafter.
5.3.1. DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
The Licensee is authorized to distribute true copies of the Software in Source Code or Object Code form, provided that said distribution complies with all the provisions of the Agreement and is accompanied by:
The Licensee is authorized to distribute true copies of the Software in Source
Code or Object Code form, provided that said distribution complies with all
the provisions of the Agreement and is accompanied by:
1. a copy of the Agreement,
2. a notice relating to the limitation of both the Licensor's warranty and liability as set forth in Articles 8 and 9,
and that, in the event that only the Object Code of the Software is redistributed, the Licensee allows future Licensees unhindered access to the full Source Code of the Software by indicating how to access it, it being understood that the additional cost of acquiring the Source Code shall not exceed the cost of transferring the data.
2. a notice relating to the limitation of both the Licensor's warranty and
liability as set forth in Articles 8 and 9,
and that, in the event that only the Object Code of the Software is redistributed,
the Licensee allows future Licensees unhindered access to the full Source
Code of the Software by indicating how to access it, it being understood that
the additional cost of acquiring the Source Code shall not exceed the cost
of transferring the data.
5.3.2. DISTRIBUTION OF MODIFIED SOFTWARE
When the Licensee makes a Contribution to the Software, the terms and conditions for the distribution of the resulting Modified Software become subject to all the provisions of this Agreement.
The Licensee is authorized to distribute the Modified Software, in source code or object code form, provided that said distribution complies with all the provisions of the Agreement and is accompanied by:
When the Licensee makes a Contribution to the Software, the terms and conditions
for the distribution of the resulting Modified Software become subject to
all the provisions of this Agreement.
The Licensee is authorized to distribute the Modified Software, in source
code or object code form, provided that said distribution complies with all
the provisions of the Agreement and is accompanied by:
1. a copy of the Agreement,
2. a notice relating to the limitation of both the Licensor's warranty and liability as set forth in Articles 8 and 9,
and that, in the event that only the object code of the Modified Software is redistributed, the Licensee allows future Licensees unhindered access to the full source code of the Modified Software by indicating how to access it, it being understood that the additional cost of acquiring the source code shall not exceed the cost of transferring the data.
2. a notice relating to the limitation of both the Licensor's warranty and
liability as set forth in Articles 8 and 9,
and that, in the event that only the object code of the Modified Software
is redistributed, the Licensee allows future Licensees unhindered access to
the full source code of the Modified Software by indicating how to access
it, it being understood that the additional cost of acquiring the source code
shall not exceed the cost of transferring the data.
5.3.3. DISTRIBUTION OF EXTERNAL MODULES
When the Licensee has developed an External Module, the terms and conditions of this Agreement do not apply to said External Module, that may be distributed under a separate license agreement.
When the Licensee has developed an External Module, the terms and conditions
of this Agreement do not apply to said External Module, that may be distributed
under a separate license agreement.
5.3.4. COMPATIBILITY WITH THE GNU GPL
The Licensee can include a code that is subject to the provisions of one of the versions of the GNU GPL in the Modified or unmodified Software, and distribute that entire code under the terms of the same version of the GNU GPL.
The Licensee can include the Modified or unmodified Software in a code that is subject to the provisions of one of the versions of the GNU GPL, and distribute that entire code under the terms of the same version of the GNU GPL.
The Licensee can include a code that is subject to the provisions of one of
the versions of the GNU GPL in the Modified or unmodified Software, and distribute
that entire code under the terms of the same version of the GNU GPL.
The Licensee can include the Modified or unmodified Software in a code that
is subject to the provisions of one of the versions of the GNU GPL, and distribute
that entire code under the terms of the same version of the GNU GPL.
Article 6 - INTELLECTUAL PROPERTY
6.1 OVER THE INITIAL SOFTWARE
The Holder owns the economic rights over the Initial Software. Any or all use of the Initial Software is subject to compliance with the terms and conditions under which the Holder has elected to distribute its work and no one shall be entitled to modify the terms and conditions for the distribution of said Initial Software.
The Holder undertakes that the Initial Software will remain ruled at least by this Agreement, for the duration set forth in Article 4.2.
The Holder owns the economic rights over the Initial Software. Any or all
use of the Initial Software is subject to compliance with the terms and conditions
under which the Holder has elected to distribute its work and no one shall
be entitled to modify the terms and conditions for the distribution of said
Initial Software.
The Holder undertakes that the Initial Software will remain ruled at least
by this Agreement, for the duration set forth in Article 4.2.
6.2 OVER THE CONTRIBUTIONS
The Licensee who develops a Contribution is the owner of the intellectual property rights over this Contribution as defined by applicable law.
The Licensee who develops a Contribution is the owner of the intellectual
property rights over this Contribution as defined by applicable law.
6.3 OVER THE EXTERNAL MODULES
The Licensee who develops an External Module is the owner of the intellectual property rights over this External Module as defined by applicable law and is free to choose the type of agreement that shall govern its distribution.
The Licensee who develops an External Module is the owner of the intellectual
property rights over this External Module as defined by applicable law and
is free to choose the type of agreement that shall govern its distribution.
6.4 JOINT PROVISIONS
The Licensee expressly undertakes:
1. not to remove, or modify, in any manner, the intellectual property notices attached to the Software;
2. to reproduce said notices, in an identical manner, in the copies of the Software modified or not.
The Licensee undertakes not to directly or indirectly infringe the intellectual property rights of the Holder and/or Contributors on the Software and to take, where applicable, vis-à-vis its staff, any and all measures required to ensure respect of said intellectual property rights of the Holder and/or Contributors.
1. not to remove, or modify, in any manner, the intellectual property notices
attached to the Software;
2. to reproduce said notices, in an identical manner, in the copies of the
Software modified or not.
The Licensee undertakes not to directly or indirectly infringe the intellectual
property rights of the Holder and/or Contributors on the Software and to take,
where applicable, vis-à-vis its staff, any and all measures required to ensure
respect of said intellectual property rights of the Holder and/or Contributors.
Article 7 - RELATED SERVICES
7.1 Under no circumstances shall the Agreement oblige the Licensor to provide technical assistance or maintenance services for the Software.
However, the Licensor is entitled to offer this type of services. The terms and conditions of such technical assistance, and/or such maintenance, shall be set forth in a separate instrument. Only the Licensor offering said maintenance and/or technical assistance services shall incur liability therefor.
7.2 Similarly, any Licensor is entitled to offer to its licensees, under its sole responsibility, a warranty, that shall only be binding upon itself, for the redistribution of the Software and/or the Modified Software, under terms and conditions that it is free to decide. Said warranty, and the financial terms and conditions of its application, shall be subject of a separate instrument executed between the Licensor and the Licensee.
7.1 Under no circumstances shall the Agreement oblige the Licensor to provide
technical assistance or maintenance services for the Software.
However, the Licensor is entitled to offer this type of services. The terms
and conditions of such technical assistance, and/or such maintenance, shall
be set forth in a separate instrument. Only the Licensor offering said maintenance
and/or technical assistance services shall incur liability therefor.
7.2 Similarly, any Licensor is entitled to offer to its licensees, under its
sole responsibility, a warranty, that shall only be binding upon itself, for
the redistribution of the Software and/or the Modified Software, under terms
and conditions that it is free to decide. Said warranty, and the financial
terms and conditions of its application, shall be subject of a separate instrument
executed between the Licensor and the Licensee.
Article 8 - LIABILITY
8.1 Subject to the provisions of Article 8.2, the Licensee shall be entitled to claim compensation for any direct loss it may have suffered from the Software as a result of a fault on the part of the relevant Licensor, subject to providing evidence thereof.
8.2 The Licensor's liability is limited to the commitments made under this Agreement and shall not be incurred as a result of in particular: (i) loss due the Licensee's total or partial failure to fulfill its obligations, (ii) direct or consequential loss that is suffered by the Licensee due to the use or performance of the Software, and (iii) more generally, any consequential loss. In particular the Parties expressly agree that any or all pecuniary or business loss (i.e. loss of data, loss of profits, operating loss, loss of customers or orders, opportunity cost, any disturbance to business activities) or any or all legal proceedings instituted against the Licensee by a third party, shall constitute consequential loss and shall not provide entitlement to any or all compensation from the Licensor.
8.1 Subject to the provisions of Article 8.2, the Licensee shall be entitled
to claim compensation for any direct loss it may have suffered from the Software
as a result of a fault on the part of the relevant Licensor, subject to providing
evidence thereof.
8.2 The Licensor's liability is limited to the commitments made under this
Agreement and shall not be incurred as a result of in particular: (i) loss
due the Licensee's total or partial failure to fulfill its obligations, (ii)
direct or consequential loss that is suffered by the Licensee due to the use
or performance of the Software, and (iii) more generally, any consequential
loss. In particular the Parties expressly agree that any or all pecuniary
or business loss (i.e. loss of data, loss of profits, operating loss, loss
of customers or orders, opportunity cost, any disturbance to business activities)
or any or all legal proceedings instituted against the Licensee by a third
party, shall constitute consequential loss and shall not provide entitlement
to any or all compensation from the Licensor.
Article 9 - WARRANTY
9.1 The Licensee acknowledges that the scientific and technical state-of-the-art when the Software was distributed did not enable all possible uses to be tested and verified, nor for the presence of possible defects to be detected. In this respect, the Licensee's attention has been drawn to the risks associated with loading, using, modifying and/or developing and reproducing the Software which are reserved for experienced users.
The Licensee shall be responsible for verifying, by any or all means, the suitability of the product for its requirements, its good working order, and for ensuring that it shall not cause damage to either persons or properties.
9.2 The Licensor hereby represents, in good faith, that it is entitled to grant all the rights over the Software (including in particular the rights set forth in Article 5).
9.3 The Licensee acknowledges that the Software is supplied "as is" by the Licensor without any other express or tacit warranty, other than that provided for in Article 9.2 and, in particular, without any warranty as to its commercial value, its secured, safe, innovative or relevant nature.
Specifically, the Licensor does not warrant that the Software is free from any error, that it will operate without interruption, that it will be compatible with the Licensee's own equipment and software configuration, nor that it will meet the Licensee's requirements.
9.4 The Licensor does not either expressly or tacitly warrant that the Software does not infringe any third party intellectual property right relating to a patent, software or any other property right. Therefore, the Licensor disclaims any and all liability towards the Licensee arising out of any or all proceedings for infringement that may be instituted in respect of the use, modification and redistribution of the Software. Nevertheless, should such proceedings be instituted against the Licensee, the Licensor shall provide it with technical and legal assistance for its defense. Such technical and legal assistance shall be decided on a case-by-case basis between the relevant Licensor and the Licensee pursuant to a memorandum of understanding. The Licensor disclaims any and all liability as regards the Licensee's use of the name of the Software. No warranty is given as regards the existence of prior rights over the name of the Software or as regards the existence of a trademark.
9.1 The Licensee acknowledges that the scientific and technical state-of-the-art
when the Software was distributed did not enable all possible uses to be tested
and verified, nor for the presence of possible defects to be detected. In
this respect, the Licensee's attention has been drawn to the risks associated
with loading, using, modifying and/or developing and reproducing the Software
which are reserved for experienced users.
The Licensee shall be responsible for verifying, by any or all means, the
suitability of the product for its requirements, its good working order, and
for ensuring that it shall not cause damage to either persons or properties.
9.2 The Licensor hereby represents, in good faith, that it is entitled to
grant all the rights over the Software (including in particular the rights
set forth in Article 5).
9.3 The Licensee acknowledges that the Software is supplied "as is" by the
Licensor without any other express or tacit warranty, other than that provided
for in Article 9.2 and, in particular, without any warranty as to its commercial
value, its secured, safe, innovative or relevant nature.
Specifically, the Licensor does not warrant that the Software is free from
any error, that it will operate without interruption, that it will be compatible
with the Licensee's own equipment and software configuration, nor that it
will meet the Licensee's requirements.
9.4 The Licensor does not either expressly or tacitly warrant that the Software
does not infringe any third party intellectual property right relating to
a patent, software or any other property right. Therefore, the Licensor disclaims
any and all liability towards the Licensee arising out of any or all proceedings
for infringement that may be instituted in respect of the use, modification
and redistribution of the Software. Nevertheless, should such proceedings
be instituted against the Licensee, the Licensor shall provide it with technical
and legal assistance for its defense. Such technical and legal assistance
shall be decided on a case-by-case basis between the relevant Licensor and
the Licensee pursuant to a memorandum of understanding. The Licensor disclaims
any and all liability as regards the Licensee's use of the name of the Software.
No warranty is given as regards the existence of prior rights over the name
of the Software or as regards the existence of a trademark.
Article 10 - TERMINATION
10.1 In the event of a breach by the Licensee of its obligations hereunder, the Licensor may automatically terminate this Agreement thirty (30) days after notice has been sent to the Licensee and has remained ineffective.
10.2 A Licensee whose Agreement is terminated shall no longer be authorized to use, modify or distribute the Software. However, any licenses that it may have granted prior to termination of the Agreement shall remain valid subject to their having been granted in compliance with the terms and conditions hereof.
10.1 In the event of a breach by the Licensee of its obligations hereunder,
the Licensor may automatically terminate this Agreement thirty (30) days after
notice has been sent to the Licensee and has remained ineffective.
10.2 A Licensee whose Agreement is terminated shall no longer be authorized
to use, modify or distribute the Software. However, any licenses that it may
have granted prior to termination of the Agreement shall remain valid subject
to their having been granted in compliance with the terms and conditions hereof.
Article 11 - MISCELLANEOUS
11.1 EXCUSABLE EVENTS
Neither Party shall be liable for any or all delay, or failure to perform the Agreement, that may be attributable to an event of force majeure, an act of God or an outside cause, such as defective functioning or interruptions of the electricity or telecommunications networks, network paralysis following a virus attack, intervention by government authorities, natural disasters, water damage, earthquakes, fire, explosions, strikes and labor unrest, war, etc.
11.2 Any failure by either Party, on one or more occasions, to invoke one or more of the provisions hereof, shall under no circumstances be interpreted as being a waiver by the interested Party of its right to invoke said provision(s) subsequently.
11.3 The Agreement cancels and replaces any or all previous agreements, whether written or oral, between the Parties and having the same purpose, and constitutes the entirety of the agreement between said Parties concerning said purpose. No supplement or modification to the terms and conditions hereof shall be effective as between the Parties unless it is made in writing and signed by their duly authorized representatives.
11.4 In the event that one or more of the provisions hereof were to conflict with a current or future applicable act or legislative text, said act or legislative text shall prevail, and the Parties shall make the necessary amendments so as to comply with said act or legislative text. All other provisions shall remain effective. Similarly, invalidity of a provision of the Agreement, for any reason whatsoever, shall not cause the Agreement as a whole to be invalid.
Neither Party shall be liable for any or all delay, or failure to perform
the Agreement, that may be attributable to an event of force majeure, an act
of God or an outside cause, such as defective functioning or interruptions
of the electricity or telecommunications networks, network paralysis following
a virus attack, intervention by government authorities, natural disasters,
water damage, earthquakes, fire, explosions, strikes and labor unrest, war,
etc.
11.2 Any failure by either Party, on one or more occasions, to invoke one
or more of the provisions hereof, shall under no circumstances be interpreted
as being a waiver by the interested Party of its right to invoke said provision(s)
subsequently.
11.3 The Agreement cancels and replaces any or all previous agreements, whether
written or oral, between the Parties and having the same purpose, and constitutes
the entirety of the agreement between said Parties concerning said purpose.
No supplement or modification to the terms and conditions hereof shall be
effective as between the Parties unless it is made in writing and signed by
their duly authorized representatives.
11.4 In the event that one or more of the provisions hereof were to conflict
with a current or future applicable act or legislative text, said act or legislative
text shall prevail, and the Parties shall make the necessary amendments so
as to comply with said act or legislative text. All other provisions shall
remain effective. Similarly, invalidity of a provision of the Agreement, for
any reason whatsoever, shall not cause the Agreement as a whole to be invalid.
11.5 LANGUAGE
The Agreement is drafted in both French and English and both versions are deemed authentic.
The Agreement is drafted in both French and English and both versions are
deemed authentic.
Article 12 - NEW VERSIONS OF THE AGREEMENT
12.1 Any person is authorized to duplicate and distribute copies of this Agreement.
12.2 So as to ensure coherence, the wording of this Agreement is protected and may only be modified by the authors of the License, who reserve the right to periodically publish updates or new versions of the Agreement, each with a separate number. These subsequent versions may address new issues encountered by Free Software.
12.3 Any Software distributed under a given version of the Agreement may only be subsequently distributed under the same version of the Agreement or a subsequent version, subject to the provisions of Article 5.3.4.
12.2 So as to ensure coherence, the wording of this Agreement is protected
and may only be modified by the authors of the License, who reserve the right
to periodically publish updates or new versions of the Agreement, each with
a separate number. These subsequent versions may address new issues encountered
by Free Software.
12.3 Any Software distributed under a given version of the Agreement may only
be subsequently distributed under the same version of the Agreement or a subsequent
version, subject to the provisions of Article 5.3.4.
Article 13 - GOVERNING LAW AND JURISDICTION
13.1 The Agreement is governed by French law. The Parties agree to endeavor to seek an amicable solution to any disagreements or disputes that may arise during the performance of the Agreement.
13.2 Failing an amicable solution within two (2) months as from their occurrence, and unless emergency proceedings are necessary, the disagreements or disputes shall be referred to the Paris Courts having jurisdiction, by the more diligent Party.
Version 2.0 dated 2006-09-05. 1 CeCILL stands for Ce(a) C(nrs) I(nria) L(ogiciel) L(ibre)
13.1 The Agreement is governed by French law. The Parties agree to endeavor
to seek an amicable solution to any disagreements or disputes that may arise
during the performance of the Agreement.
13.2 Failing an amicable solution within two (2) months as from their occurrence,
and unless emergency proceedings are necessary, the disagreements or disputes
shall be referred to the Paris Courts having jurisdiction, by the more diligent
Party.
Version 2.0 dated 2006-09-05. 1 CeCILL stands for Ce(a) C(nrs) I(nria) L(ogiciel)
L(ibre)

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@ -1,145 +1,493 @@
CeCILL FREE SOFTWARE LICENSE AGREEMENT
Version 2.1 dated 2013-06-21 Notice
This Agreement is a Free Software license agreement that is the result of discussions between its authors in order to ensure compliance with the two main principles guiding its drafting:
* firstly, compliance with the principles governing the distribution of Free Software: access to source code, broad rights granted to users,
* secondly, the election of a governing law, French law, with which it is conformant, both as regards the law of torts and intellectual property law, and the protection that it offers to both authors and holders of the economic rights over software.
This Agreement is a Free Software license agreement that is the result of
discussions between its authors in order to ensure compliance with the two
main principles guiding its drafting:
* firstly, compliance with the principles governing the distribution of Free
Software: access to source code, broad rights granted to users,
* secondly, the election of a governing law, French law, with which it is
conformant, both as regards the law of torts and intellectual property law,
and the protection that it offers to both authors and holders of the economic
rights over software.
The authors of the CeCILL¹ license are:
Commissariat à l'énergie atomique et aux énergies alternatives - CEA, a public scientific, technical and industrial research establishment, having its principal place of business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
Centre National de la Recherche Scientifique - CNRS, a public scientific and technological establishment, having its principal place of business at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
Institut National de Recherche en Informatique et en Automatique - Inria, a public scientific and technological establishment, having its principal place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay cedex, France.
Preamble The purpose of this Free Software license agreement is to grant users the right to modify and redistribute the software governed by this license within the framework of an open source distribution model.
The exercising of this right is conditional upon certain obligations for users so as to preserve this status for all subsequent redistributions.
In consideration of access to the source code and the rights to copy, modify and redistribute granted by the license, users are provided only with a limited warranty and the software's author, the holder of the economic rights, and the successive licensors only have limited liability.
In this respect, the risks associated with loading, using, modifying and/or developing or reproducing the software by the user are brought to the user's attention, given its Free Software status, which may make it complicated to use, with the result that its use is reserved for developers and experienced professionals having in-depth computer knowledge. Users are therefore encouraged to load and test the suitability of the software as regards their requirements in conditions enabling the security of their systems and/or data to be ensured and, more generally, to use and operate it in the same conditions of security. This Agreement may be freely reproduced and published, provided it is not altered, and that no provisions are either added or removed herefrom.
This Agreement may apply to any or all software for which the holder of the economic rights decides to submit the use thereof to its provisions.
Frequently asked questions can be found on the official website of the CeCILL licenses family (http://www.cecill.info/index.en.html) for any necessary clarification.
Commissariat à l'énergie atomique et aux énergies alternatives - CEA, a public
scientific, technical and industrial research establishment, having its principal
place of business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
Centre National de la Recherche Scientifique - CNRS, a public scientific and
technological establishment, having its principal place of business at 3 rue
Michel-Ange, 75794 Paris cedex 16, France.
Institut National de Recherche en Informatique et en Automatique - Inria,
a public scientific and technological establishment, having its principal
place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay
cedex, France.
Preamble The purpose of this Free Software license agreement is to grant users
the right to modify and redistribute the software governed by this license
within the framework of an open source distribution model.
The exercising of this right is conditional upon certain obligations for users
so as to preserve this status for all subsequent redistributions.
In consideration of access to the source code and the rights to copy, modify
and redistribute granted by the license, users are provided only with a limited
warranty and the software's author, the holder of the economic rights, and
the successive licensors only have limited liability.
In this respect, the risks associated with loading, using, modifying and/or
developing or reproducing the software by the user are brought to the user's
attention, given its Free Software status, which may make it complicated to
use, with the result that its use is reserved for developers and experienced
professionals having in-depth computer knowledge. Users are therefore encouraged
to load and test the suitability of the software as regards their requirements
in conditions enabling the security of their systems and/or data to be ensured
and, more generally, to use and operate it in the same conditions of security.
This Agreement may be freely reproduced and published, provided it is not
altered, and that no provisions are either added or removed herefrom.
This Agreement may apply to any or all software for which the holder of the
economic rights decides to submit the use thereof to its provisions.
Frequently asked questions can be found on the official website of the CeCILL
licenses family (http://www.cecill.info/index.en.html) for any necessary clarification.
Article 1 - DEFINITIONS
For the purpose of this Agreement, when the following expressions commence with a capital letter, they shall have the following meaning:
Agreement: means this license agreement, and its possible subsequent versions and annexes.
For the purpose of this Agreement, when the following expressions commence
with a capital letter, they shall have the following meaning:
Agreement: means this license agreement, and its possible subsequent versions
and annexes.
Software: means the software in its Object Code and/or Source Code form and,
where applicable, its documentation, "as is" when the Licensee accepts the
Agreement.
Initial Software: means the Software in its Source Code and possibly its Object
Code form and, where applicable, its documentation, "as is" when it is first
distributed under the terms and conditions of the Agreement.
Software: means the software in its Object Code and/or Source Code form and, where applicable, its documentation, "as is" when the Licensee accepts the Agreement.
Initial Software: means the Software in its Source Code and possibly its Object Code form and, where applicable, its documentation, "as is" when it is first distributed under the terms and conditions of the Agreement.
Modified Software: means the Software modified by at least one Contribution.
Source Code: means all the Software's instructions and program lines to which access is required so as to modify the Software.
Object Code: means the binary files originating from the compilation of the Source Code.
Source Code: means all the Software's instructions and program lines to which
access is required so as to modify the Software.
Object Code: means the binary files originating from the compilation of the
Source Code.
Holder: means the holder(s) of the economic rights over the Initial Software.
Licensee: means the Software user(s) having accepted the Agreement.
Contributor: means a Licensee having made at least one Contribution.
Licensor: means the Holder, or any other individual or legal entity, who distributes the Software under the Agreement.
Contribution: means any or all modifications, corrections, translations, adaptations and/or new functions integrated into the Software by any or all Contributors, as well as any or all Internal Modules.
Module: means a set of sources files including their documentation that enables supplementary functions or services in addition to those offered by the Software.
Licensor: means the Holder, or any other individual or legal entity, who distributes
the Software under the Agreement.
External Module: means any or all Modules, not derived from the Software, so that this Module and the Software run in separate address spaces, with one calling the other when they are run.
Internal Module: means any or all Module, connected to the Software so that they both execute in the same address space.
GNU GPL: means the GNU General Public License version 2 or any subsequent version, as published by the Free Software Foundation Inc.
Contribution: means any or all modifications, corrections, translations, adaptations
and/or new functions integrated into the Software by any or all Contributors,
as well as any or all Internal Modules.
Module: means a set of sources files including their documentation that enables
supplementary functions or services in addition to those offered by the Software.
External Module: means any or all Modules, not derived from the Software,
so that this Module and the Software run in separate address spaces, with
one calling the other when they are run.
Internal Module: means any or all Module, connected to the Software so that
they both execute in the same address space.
GNU GPL: means the GNU General Public License version 2 or any subsequent
version, as published by the Free Software Foundation Inc.
GNU Affero GPL: means the GNU Affero General Public License version 3 or any
subsequent version, as published by the Free Software Foundation Inc.
EUPL: means the European Union Public License version 1.1 or any subsequent
version, as published by the European Commission.
GNU Affero GPL: means the GNU Affero General Public License version 3 or any subsequent version, as published by the Free Software Foundation Inc.
EUPL: means the European Union Public License version 1.1 or any subsequent version, as published by the European Commission.
Parties: mean both the Licensee and the Licensor.
These expressions may be used both in singular and plural form.
Article 2 - PURPOSE
The purpose of the Agreement is the grant by the Licensor to the Licensee of a non-exclusive, transferable and worldwide license for the Software as set forth in Article 5 <#scope> hereinafter for the whole term of the protection granted by the rights over said Software.
The purpose of the Agreement is the grant by the Licensor to the Licensee
of a non-exclusive, transferable and worldwide license for the Software as
set forth in Article 5 <#scope> hereinafter for the whole term of the protection
granted by the rights over said Software.
Article 3 - ACCEPTANCE
3.1 The Licensee shall be deemed as having accepted the terms and conditions of this Agreement upon the occurrence of the first of the following events:
(i) loading the Software by any or all means, notably, by downloading from a remote server, or by loading from a physical medium;
3.1 The Licensee shall be deemed as having accepted the terms and conditions
of this Agreement upon the occurrence of the first of the following events:
(i) loading the Software by any or all means, notably, by downloading from
a remote server, or by loading from a physical medium;
(ii) the first time the Licensee exercises any of the rights granted hereunder.
3.2 One copy of the Agreement, containing a notice relating to the characteristics of the Software, to the limited warranty, and to the fact that its use is restricted to experienced users has been provided to the Licensee prior to its acceptance as set forth in Article 3.1 <#accepting> hereinabove, and the Licensee hereby acknowledges that it has read and understood it.
3.2 One copy of the Agreement, containing a notice relating to the characteristics
of the Software, to the limited warranty, and to the fact that its use is
restricted to experienced users has been provided to the Licensee prior to
its acceptance as set forth in Article 3.1 <#accepting> hereinabove, and the
Licensee hereby acknowledges that it has read and understood it.
Article 4 - EFFECTIVE DATE AND TERM
4.1 EFFECTIVE DATE
The Agreement shall become effective on the date when it is accepted by the Licensee as set forth in Article 3.1 <#accepting> .
The Agreement shall become effective on the date when it is accepted by the
Licensee as set forth in Article 3.1 <#accepting> .
4.2 TERM
The Agreement shall remain in force for the entire legal term of protection of the economic rights over the Software.
The Agreement shall remain in force for the entire legal term of protection
of the economic rights over the Software.
Article 5 - SCOPE OF RIGHTS GRANTED
The Licensor hereby grants to the Licensee, who accepts, the following rights over the Software for any or all use, and for the term of the Agreement, on the basis of the terms and conditions set forth hereinafter.
Besides, if the Licensor owns or comes to own one or more patents protecting all or part of the functions of the Software or of its components, the Licensor undertakes not to enforce the rights granted by these patents against successive Licensees using, exploiting or modifying the Software. If these patents are transferred, the Licensor undertakes to have the transferees subscribe to the obligations set forth in this paragraph.
The Licensor hereby grants to the Licensee, who accepts, the following rights
over the Software for any or all use, and for the term of the Agreement, on
the basis of the terms and conditions set forth hereinafter.
Besides, if the Licensor owns or comes to own one or more patents protecting
all or part of the functions of the Software or of its components, the Licensor
undertakes not to enforce the rights granted by these patents against successive
Licensees using, exploiting or modifying the Software. If these patents are
transferred, the Licensor undertakes to have the transferees subscribe to
the obligations set forth in this paragraph.
5.1 RIGHT OF USE
The Licensee is authorized to use the Software, without any limitation as to its fields of application, with it being hereinafter specified that this comprises:
1. permanent or temporary reproduction of all or part of the Software by any or all means and in any or all form.
The Licensee is authorized to use the Software, without any limitation as
to its fields of application, with it being hereinafter specified that this
comprises:
1. permanent or temporary reproduction of all or part of the Software by any
or all means and in any or all form.
2. loading, displaying, running, or storing the Software on any or all medium.
3. entitlement to observe, study or test its operation so as to determine the ideas and principles behind any or all constituent elements of said Software. This shall apply when the Licensee carries out any or all loading, displaying, running, transmission or storage operation as regards the Software, that it is entitled to carry out hereunder.
3. entitlement to observe, study or test its operation so as to determine
the ideas and principles behind any or all constituent elements of said Software.
This shall apply when the Licensee carries out any or all loading, displaying,
running, transmission or storage operation as regards the Software, that it
is entitled to carry out hereunder.
5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
The right to make Contributions includes the right to translate, adapt, arrange, or make any or all modifications to the Software, and the right to reproduce the resulting software.
The Licensee is authorized to make any or all Contributions to the Software provided that it includes an explicit notice that it is the author of said Contribution and indicates the date of the creation thereof.
The right to make Contributions includes the right to translate, adapt, arrange,
or make any or all modifications to the Software, and the right to reproduce
the resulting software.
The Licensee is authorized to make any or all Contributions to the Software
provided that it includes an explicit notice that it is the author of said
Contribution and indicates the date of the creation thereof.
5.3 RIGHT OF DISTRIBUTION
In particular, the right of distribution includes the right to publish, transmit and communicate the Software to the general public on any or all medium, and by any or all means, and the right to market, either in consideration of a fee, or free of charge, one or more copies of the Software by any means.
The Licensee is further authorized to distribute copies of the modified or unmodified Software to third parties according to the terms and conditions set forth hereinafter.
In particular, the right of distribution includes the right to publish, transmit
and communicate the Software to the general public on any or all medium, and
by any or all means, and the right to market, either in consideration of a
fee, or free of charge, one or more copies of the Software by any means.
The Licensee is further authorized to distribute copies of the modified or
unmodified Software to third parties according to the terms and conditions
set forth hereinafter.
5.3.1. DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
The Licensee is authorized to distribute true copies of the Software in Source Code or Object Code form, provided that said distribution complies with all the provisions of the Agreement and is accompanied by:
The Licensee is authorized to distribute true copies of the Software in Source
Code or Object Code form, provided that said distribution complies with all
the provisions of the Agreement and is accompanied by:
1. a copy of the Agreement,
2. a notice relating to the limitation of both the Licensor's warranty and liability as set forth in Articles 8 and 9,
and that, in the event that only the Object Code of the Software is redistributed, the Licensee allows effective access to the full Source Code of the Software for a period of at least three years from the distribution of the Software, it being understood that the additional acquisition cost of the Source Code shall not exceed the cost of the data transfer.
2. a notice relating to the limitation of both the Licensor's warranty and
liability as set forth in Articles 8 and 9,
and that, in the event that only the Object Code of the Software is redistributed,
the Licensee allows effective access to the full Source Code of the Software
for a period of at least three years from the distribution of the Software,
it being understood that the additional acquisition cost of the Source Code
shall not exceed the cost of the data transfer.
5.3.2. DISTRIBUTION OF MODIFIED SOFTWARE
When the Licensee makes a Contribution to the Software, the terms and conditions for the distribution of the resulting Modified Software become subject to all the provisions of this Agreement.
The Licensee is authorized to distribute the Modified Software, in source code or object code form, provided that said distribution complies with all the provisions of the Agreement and is accompanied by:
When the Licensee makes a Contribution to the Software, the terms and conditions
for the distribution of the resulting Modified Software become subject to
all the provisions of this Agreement.
The Licensee is authorized to distribute the Modified Software, in source
code or object code form, provided that said distribution complies with all
the provisions of the Agreement and is accompanied by:
1. a copy of the Agreement,
2. a notice relating to the limitation of both the Licensor's warranty and liability as set forth in Articles 8 and 9,
2. a notice relating to the limitation of both the Licensor's warranty and
liability as set forth in Articles 8 and 9,
and, in the event that only the object code of the Modified Software is redistributed,
3. a note stating the conditions of effective access to the full source code of the Modified Software for a period of at least three years from the distribution of the Modified Software, it being understood that the additional acquisition cost of the source code shall not exceed the cost of the data transfer.
3. a note stating the conditions of effective access to the full source code
of the Modified Software for a period of at least three years from the distribution
of the Modified Software, it being understood that the additional acquisition
cost of the source code shall not exceed the cost of the data transfer.
5.3.3. DISTRIBUTION OF EXTERNAL MODULES
When the Licensee has developed an External Module, the terms and conditions of this Agreement do not apply to said External Module, that may be distributed under a separate license agreement.
When the Licensee has developed an External Module, the terms and conditions
of this Agreement do not apply to said External Module, that may be distributed
under a separate license agreement.
5.3.4. COMPATIBILITY WITH OTHER LICENSES
The Licensee can include a code that is subject to the provisions of one of the versions of the GNU GPL, GNU Affero GPL and/or EUPL in the Modified or unmodified Software, and distribute that entire code under the terms of the same version of the GNU GPL, GNU Affero GPL and/or EUPL.
The Licensee can include the Modified or unmodified Software in a code that is subject to the provisions of one of the versions of the GNU GPL, GNU Affero GPL and/or EUPL and distribute that entire code under the terms of the same version of the GNU GPL, GNU Affero GPL and/or EUPL.
The Licensee can include a code that is subject to the provisions of one of
the versions of the GNU GPL, GNU Affero GPL and/or EUPL in the Modified or
unmodified Software, and distribute that entire code under the terms of the
same version of the GNU GPL, GNU Affero GPL and/or EUPL.
The Licensee can include the Modified or unmodified Software in a code that
is subject to the provisions of one of the versions of the GNU GPL, GNU Affero
GPL and/or EUPL and distribute that entire code under the terms of the same
version of the GNU GPL, GNU Affero GPL and/or EUPL.
Article 6 - INTELLECTUAL PROPERTY
6.1 OVER THE INITIAL SOFTWARE
The Holder owns the economic rights over the Initial Software. Any or all use of the Initial Software is subject to compliance with the terms and conditions under which the Holder has elected to distribute its work and no one shall be entitled to modify the terms and conditions for the distribution of said Initial Software.
The Holder undertakes that the Initial Software will remain ruled at least by this Agreement, for the duration set forth in Article 4.2 <#term> .
The Holder owns the economic rights over the Initial Software. Any or all
use of the Initial Software is subject to compliance with the terms and conditions
under which the Holder has elected to distribute its work and no one shall
be entitled to modify the terms and conditions for the distribution of said
Initial Software.
The Holder undertakes that the Initial Software will remain ruled at least
by this Agreement, for the duration set forth in Article 4.2 <#term> .
6.2 OVER THE CONTRIBUTIONS
The Licensee who develops a Contribution is the owner of the intellectual property rights over this Contribution as defined by applicable law.
The Licensee who develops a Contribution is the owner of the intellectual
property rights over this Contribution as defined by applicable law.
6.3 OVER THE EXTERNAL MODULES
The Licensee who develops an External Module is the owner of the intellectual property rights over this External Module as defined by applicable law and is free to choose the type of agreement that shall govern its distribution.
The Licensee who develops an External Module is the owner of the intellectual
property rights over this External Module as defined by applicable law and
is free to choose the type of agreement that shall govern its distribution.
6.4 JOINT PROVISIONS
The Licensee expressly undertakes:
1. not to remove, or modify, in any manner, the intellectual property notices attached to the Software;
2. to reproduce said notices, in an identical manner, in the copies of the Software modified or not.
The Licensee undertakes not to directly or indirectly infringe the intellectual property rights on the Software of the Holder and/or Contributors, and to take, where applicable, vis-à-vis its staff, any and all measures required to ensure respect of said intellectual property rights of the Holder and/or Contributors.
1. not to remove, or modify, in any manner, the intellectual property notices
attached to the Software;
2. to reproduce said notices, in an identical manner, in the copies of the
Software modified or not.
The Licensee undertakes not to directly or indirectly infringe the intellectual
property rights on the Software of the Holder and/or Contributors, and to
take, where applicable, vis-à-vis its staff, any and all measures required
to ensure respect of said intellectual property rights of the Holder and/or
Contributors.
Article 7 - RELATED SERVICES
7.1 Under no circumstances shall the Agreement oblige the Licensor to provide technical assistance or maintenance services for the Software.
However, the Licensor is entitled to offer this type of services. The terms and conditions of such technical assistance, and/or such maintenance, shall be set forth in a separate instrument. Only the Licensor offering said maintenance and/or technical assistance services shall incur liability therefor.
7.2 Similarly, any Licensor is entitled to offer to its licensees, under its sole responsibility, a warranty, that shall only be binding upon itself, for the redistribution of the Software and/or the Modified Software, under terms and conditions that it is free to decide. Said warranty, and the financial terms and conditions of its application, shall be subject of a separate instrument executed between the Licensor and the Licensee.
7.1 Under no circumstances shall the Agreement oblige the Licensor to provide
technical assistance or maintenance services for the Software.
However, the Licensor is entitled to offer this type of services. The terms
and conditions of such technical assistance, and/or such maintenance, shall
be set forth in a separate instrument. Only the Licensor offering said maintenance
and/or technical assistance services shall incur liability therefor.
7.2 Similarly, any Licensor is entitled to offer to its licensees, under its
sole responsibility, a warranty, that shall only be binding upon itself, for
the redistribution of the Software and/or the Modified Software, under terms
and conditions that it is free to decide. Said warranty, and the financial
terms and conditions of its application, shall be subject of a separate instrument
executed between the Licensor and the Licensee.
Article 8 - LIABILITY
8.1 Subject to the provisions of Article 8.2, the Licensee shall be entitled to claim compensation for any direct loss it may have suffered from the Software as a result of a fault on the part of the relevant Licensor, subject to providing evidence thereof.
8.2 The Licensor's liability is limited to the commitments made under this Agreement and shall not be incurred as a result of in particular: (i) loss due the Licensee's total or partial failure to fulfill its obligations, (ii) direct or consequential loss that is suffered by the Licensee due to the use or performance of the Software, and (iii) more generally, any consequential loss. In particular the Parties expressly agree that any or all pecuniary or business loss (i.e. loss of data, loss of profits, operating loss, loss of customers or orders, opportunity cost, any disturbance to business activities) or any or all legal proceedings instituted against the Licensee by a third party, shall constitute consequential loss and shall not provide entitlement to any or all compensation from the Licensor.
8.1 Subject to the provisions of Article 8.2, the Licensee shall be entitled
to claim compensation for any direct loss it may have suffered from the Software
as a result of a fault on the part of the relevant Licensor, subject to providing
evidence thereof.
8.2 The Licensor's liability is limited to the commitments made under this
Agreement and shall not be incurred as a result of in particular: (i) loss
due the Licensee's total or partial failure to fulfill its obligations, (ii)
direct or consequential loss that is suffered by the Licensee due to the use
or performance of the Software, and (iii) more generally, any consequential
loss. In particular the Parties expressly agree that any or all pecuniary
or business loss (i.e. loss of data, loss of profits, operating loss, loss
of customers or orders, opportunity cost, any disturbance to business activities)
or any or all legal proceedings instituted against the Licensee by a third
party, shall constitute consequential loss and shall not provide entitlement
to any or all compensation from the Licensor.
Article 9 - WARRANTY
9.1 The Licensee acknowledges that the scientific and technical state-of-the-art when the Software was distributed did not enable all possible uses to be tested and verified, nor for the presence of possible defects to be detected. In this respect, the Licensee's attention has been drawn to the risks associated with loading, using, modifying and/or developing and reproducing the Software which are reserved for experienced users.
The Licensee shall be responsible for verifying, by any or all means, the suitability of the product for its requirements, its good working order, and for ensuring that it shall not cause damage to either persons or properties.
9.2 The Licensor hereby represents, in good faith, that it is entitled to grant all the rights over the Software (including in particular the rights set forth in Article 5 <#scope> ).
9.3 The Licensee acknowledges that the Software is supplied "as is" by the Licensor without any other express or tacit warranty, other than that provided for in Article 9.2 <#good-faith> and, in particular, without any warranty as to its commercial value, its secured, safe, innovative or relevant nature.
Specifically, the Licensor does not warrant that the Software is free from any error, that it will operate without interruption, that it will be compatible with the Licensee's own equipment and software configuration, nor that it will meet the Licensee's requirements.
9.4 The Licensor does not either expressly or tacitly warrant that the Software does not infringe any third party intellectual property right relating to a patent, software or any other property right. Therefore, the Licensor disclaims any and all liability towards the Licensee arising out of any or all proceedings for infringement that may be instituted in respect of the use, modification and redistribution of the Software. Nevertheless, should such proceedings be instituted against the Licensee, the Licensor shall provide it with technical and legal expertise for its defense. Such technical and legal expertise shall be decided on a case-by-case basis between the relevant Licensor and the Licensee pursuant to a memorandum of understanding. The Licensor disclaims any and all liability as regards the Licensee's use of the name of the Software. No warranty is given as regards the existence of prior rights over the name of the Software or as regards the existence of a trademark.
9.1 The Licensee acknowledges that the scientific and technical state-of-the-art
when the Software was distributed did not enable all possible uses to be tested
and verified, nor for the presence of possible defects to be detected. In
this respect, the Licensee's attention has been drawn to the risks associated
with loading, using, modifying and/or developing and reproducing the Software
which are reserved for experienced users.
The Licensee shall be responsible for verifying, by any or all means, the
suitability of the product for its requirements, its good working order, and
for ensuring that it shall not cause damage to either persons or properties.
9.2 The Licensor hereby represents, in good faith, that it is entitled to
grant all the rights over the Software (including in particular the rights
set forth in Article 5 <#scope> ).
9.3 The Licensee acknowledges that the Software is supplied "as is" by the
Licensor without any other express or tacit warranty, other than that provided
for in Article 9.2 <#good-faith> and, in particular, without any warranty
as to its commercial value, its secured, safe, innovative or relevant nature.
Specifically, the Licensor does not warrant that the Software is free from
any error, that it will operate without interruption, that it will be compatible
with the Licensee's own equipment and software configuration, nor that it
will meet the Licensee's requirements.
9.4 The Licensor does not either expressly or tacitly warrant that the Software
does not infringe any third party intellectual property right relating to
a patent, software or any other property right. Therefore, the Licensor disclaims
any and all liability towards the Licensee arising out of any or all proceedings
for infringement that may be instituted in respect of the use, modification
and redistribution of the Software. Nevertheless, should such proceedings
be instituted against the Licensee, the Licensor shall provide it with technical
and legal expertise for its defense. Such technical and legal expertise shall
be decided on a case-by-case basis between the relevant Licensor and the Licensee
pursuant to a memorandum of understanding. The Licensor disclaims any and
all liability as regards the Licensee's use of the name of the Software. No
warranty is given as regards the existence of prior rights over the name of
the Software or as regards the existence of a trademark.
Article 10 - TERMINATION
10.1 In the event of a breach by the Licensee of its obligations hereunder, the Licensor may automatically terminate this Agreement thirty (30) days after notice has been sent to the Licensee and has remained ineffective.
10.2 A Licensee whose Agreement is terminated shall no longer be authorized to use, modify or distribute the Software. However, any licenses that it may have granted prior to termination of the Agreement shall remain valid subject to their having been granted in compliance with the terms and conditions hereof.
10.1 In the event of a breach by the Licensee of its obligations hereunder,
the Licensor may automatically terminate this Agreement thirty (30) days after
notice has been sent to the Licensee and has remained ineffective.
10.2 A Licensee whose Agreement is terminated shall no longer be authorized
to use, modify or distribute the Software. However, any licenses that it may
have granted prior to termination of the Agreement shall remain valid subject
to their having been granted in compliance with the terms and conditions hereof.
Article 11 - MISCELLANEOUS
11.1 EXCUSABLE EVENTS
Neither Party shall be liable for any or all delay, or failure to perform the Agreement, that may be attributable to an event of force majeure, an act of God or an outside cause, such as defective functioning or interruptions of the electricity or telecommunications networks, network paralysis following a virus attack, intervention by government authorities, natural disasters, water damage, earthquakes, fire, explosions, strikes and labor unrest, war, etc.
11.2 Any failure by either Party, on one or more occasions, to invoke one or more of the provisions hereof, shall under no circumstances be interpreted as being a waiver by the interested Party of its right to invoke said provision(s) subsequently.
11.3 The Agreement cancels and replaces any or all previous agreements, whether written or oral, between the Parties and having the same purpose, and constitutes the entirety of the agreement between said Parties concerning said purpose. No supplement or modification to the terms and conditions hereof shall be effective as between the Parties unless it is made in writing and signed by their duly authorized representatives.
11.4 In the event that one or more of the provisions hereof were to conflict with a current or future applicable act or legislative text, said act or legislative text shall prevail, and the Parties shall make the necessary amendments so as to comply with said act or legislative text. All other provisions shall remain effective. Similarly, invalidity of a provision of the Agreement, for any reason whatsoever, shall not cause the Agreement as a whole to be invalid.
Neither Party shall be liable for any or all delay, or failure to perform
the Agreement, that may be attributable to an event of force majeure, an act
of God or an outside cause, such as defective functioning or interruptions
of the electricity or telecommunications networks, network paralysis following
a virus attack, intervention by government authorities, natural disasters,
water damage, earthquakes, fire, explosions, strikes and labor unrest, war,
etc.
11.2 Any failure by either Party, on one or more occasions, to invoke one
or more of the provisions hereof, shall under no circumstances be interpreted
as being a waiver by the interested Party of its right to invoke said provision(s)
subsequently.
11.3 The Agreement cancels and replaces any or all previous agreements, whether
written or oral, between the Parties and having the same purpose, and constitutes
the entirety of the agreement between said Parties concerning said purpose.
No supplement or modification to the terms and conditions hereof shall be
effective as between the Parties unless it is made in writing and signed by
their duly authorized representatives.
11.4 In the event that one or more of the provisions hereof were to conflict
with a current or future applicable act or legislative text, said act or legislative
text shall prevail, and the Parties shall make the necessary amendments so
as to comply with said act or legislative text. All other provisions shall
remain effective. Similarly, invalidity of a provision of the Agreement, for
any reason whatsoever, shall not cause the Agreement as a whole to be invalid.
11.5 LANGUAGE
The Agreement is drafted in both French and English and both versions are deemed authentic.
The Agreement is drafted in both French and English and both versions are
deemed authentic.
Article 12 - NEW VERSIONS OF THE AGREEMENT
12.1 Any person is authorized to duplicate and distribute copies of this Agreement.
12.2 So as to ensure coherence, the wording of this Agreement is protected and may only be modified by the authors of the License, who reserve the right to periodically publish updates or new versions of the Agreement, each with a separate number. These subsequent versions may address new issues encountered by Free Software.
12.3 Any Software distributed under a given version of the Agreement may only be subsequently distributed under the same version of the Agreement or a subsequent version, subject to the provisions of Article 5.3.4 <#compatibility> .
12.2 So as to ensure coherence, the wording of this Agreement is protected
and may only be modified by the authors of the License, who reserve the right
to periodically publish updates or new versions of the Agreement, each with
a separate number. These subsequent versions may address new issues encountered
by Free Software.
12.3 Any Software distributed under a given version of the Agreement may only
be subsequently distributed under the same version of the Agreement or a subsequent
version, subject to the provisions of Article 5.3.4 <#compatibility> .
Article 13 - GOVERNING LAW AND JURISDICTION
13.1 The Agreement is governed by French law. The Parties agree to endeavor to seek an amicable solution to any disagreements or disputes that may arise during the performance of the Agreement.
13.2 Failing an amicable solution within two (2) months as from their occurrence, and unless emergency proceedings are necessary, the disagreements or disputes shall be referred to the Paris Courts having jurisdiction, by the more diligent Party. 1 CeCILL stands for Ce(a) C(nrs) I(nria) L(ogiciel) L(ibre)
13.1 The Agreement is governed by French law. The Parties agree to endeavor
to seek an amicable solution to any disagreements or disputes that may arise
during the performance of the Agreement.
13.2 Failing an amicable solution within two (2) months as from their occurrence,
and unless emergency proceedings are necessary, the disagreements or disputes
shall be referred to the Paris Courts having jurisdiction, by the more diligent
Party. 1 CeCILL stands for Ce(a) C(nrs) I(nria) L(ogiciel) L(ibre)

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@ -1,140 +1,484 @@
CeCILL-B FREE SOFTWARE LICENSE AGREEMENT Notice
This Agreement is a Free Software license agreement that is the result of discussions between its authors in order to ensure compliance with the two main principles guiding its drafting:
* firstly, compliance with the principles governing the distribution of Free Software: access to source code, broad rights granted to users,
* secondly, the election of a governing law, French law, with which it is conformant, both as regards the law of torts and intellectual property law, and the protection that it offers to both authors and holders of the economic rights over software.
This Agreement is a Free Software license agreement that is the result of
discussions between its authors in order to ensure compliance with the two
main principles guiding its drafting:
* firstly, compliance with the principles governing the distribution of Free
Software: access to source code, broad rights granted to users,
* secondly, the election of a governing law, French law, with which it is
conformant, both as regards the law of torts and intellectual property law,
and the protection that it offers to both authors and holders of the economic
rights over software.
The authors of the CeCILL¹ license are:
Commissariat à l'Energie Atomique - CEA, a public scientific, technical and industrial research establishment, having its principal place of business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
Centre National de la Recherche Scientifique - CNRS, a public scientific and technological establishment, having its principal place of business at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
Institut National de Recherche en Informatique et en Automatique - INRIA, a public scientific and technological establishment, having its principal place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay cedex, France.
Preamble This Agreement is an open source software license intended to give users significant freedom to modify and redistribute the software licensed hereunder.
The exercising of this freedom is conditional upon a strong obligation of giving credits for everybody that distributes a software incorporating a software ruled by the current license so as all contributions to be properly identified and acknowledged.
In consideration of access to the source code and the rights to copy, modify and redistribute granted by the license, users are provided only with a limited warranty and the software's author, the holder of the economic rights, and the successive licensors only have limited liability.
In this respect, the risks associated with loading, using, modifying and/or developing or reproducing the software by the user are brought to the user's attention, given its Free Software status, which may make it complicated to use, with the result that its use is reserved for developers and experienced professionals having in-depth computer knowledge. Users are therefore encouraged to load and test the suitability of the software as regards their requirements in conditions enabling the security of their systems and/or data to be ensured and, more generally, to use and operate it in the same conditions of security. This Agreement may be freely reproduced and published, provided it is not altered, and that no provisions are either added or removed herefrom.
This Agreement may apply to any or all software for which the holder of the economic rights decides to submit the use thereof to its provisions.
Commissariat à l'Energie Atomique - CEA, a public scientific, technical and
industrial research establishment, having its principal place of business
at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
Centre National de la Recherche Scientifique - CNRS, a public scientific and
technological establishment, having its principal place of business at 3 rue
Michel-Ange, 75794 Paris cedex 16, France.
Institut National de Recherche en Informatique et en Automatique - INRIA,
a public scientific and technological establishment, having its principal
place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay
cedex, France.
Preamble This Agreement is an open source software license intended to give
users significant freedom to modify and redistribute the software licensed
hereunder.
The exercising of this freedom is conditional upon a strong obligation of
giving credits for everybody that distributes a software incorporating a software
ruled by the current license so as all contributions to be properly identified
and acknowledged.
In consideration of access to the source code and the rights to copy, modify
and redistribute granted by the license, users are provided only with a limited
warranty and the software's author, the holder of the economic rights, and
the successive licensors only have limited liability.
In this respect, the risks associated with loading, using, modifying and/or
developing or reproducing the software by the user are brought to the user's
attention, given its Free Software status, which may make it complicated to
use, with the result that its use is reserved for developers and experienced
professionals having in-depth computer knowledge. Users are therefore encouraged
to load and test the suitability of the software as regards their requirements
in conditions enabling the security of their systems and/or data to be ensured
and, more generally, to use and operate it in the same conditions of security.
This Agreement may be freely reproduced and published, provided it is not
altered, and that no provisions are either added or removed herefrom.
This Agreement may apply to any or all software for which the holder of the
economic rights decides to submit the use thereof to its provisions.
Article 1 - DEFINITIONS
For the purpose of this Agreement, when the following expressions commence with a capital letter, they shall have the following meaning:
Agreement: means this license agreement, and its possible subsequent versions and annexes.
For the purpose of this Agreement, when the following expressions commence
with a capital letter, they shall have the following meaning:
Agreement: means this license agreement, and its possible subsequent versions
and annexes.
Software: means the software in its Object Code and/or Source Code form and,
where applicable, its documentation, "as is" when the Licensee accepts the
Agreement.
Initial Software: means the Software in its Source Code and possibly its Object
Code form and, where applicable, its documentation, "as is" when it is first
distributed under the terms and conditions of the Agreement.
Software: means the software in its Object Code and/or Source Code form and, where applicable, its documentation, "as is" when the Licensee accepts the Agreement.
Initial Software: means the Software in its Source Code and possibly its Object Code form and, where applicable, its documentation, "as is" when it is first distributed under the terms and conditions of the Agreement.
Modified Software: means the Software modified by at least one Contribution.
Source Code: means all the Software's instructions and program lines to which access is required so as to modify the Software.
Object Code: means the binary files originating from the compilation of the Source Code.
Source Code: means all the Software's instructions and program lines to which
access is required so as to modify the Software.
Object Code: means the binary files originating from the compilation of the
Source Code.
Holder: means the holder(s) of the economic rights over the Initial Software.
Licensee: means the Software user(s) having accepted the Agreement.
Contributor: means a Licensee having made at least one Contribution.
Licensor: means the Holder, or any other individual or legal entity, who distributes the Software under the Agreement.
Contribution: means any or all modifications, corrections, translations, adaptations and/or new functions integrated into the Software by any or all Contributors, as well as any or all Internal Modules.
Module: means a set of sources files including their documentation that enables supplementary functions or services in addition to those offered by the Software.
Licensor: means the Holder, or any other individual or legal entity, who distributes
the Software under the Agreement.
Contribution: means any or all modifications, corrections, translations, adaptations
and/or new functions integrated into the Software by any or all Contributors,
as well as any or all Internal Modules.
Module: means a set of sources files including their documentation that enables
supplementary functions or services in addition to those offered by the Software.
External Module: means any or all Modules, not derived from the Software,
so that this Module and the Software run in separate address spaces, with
one calling the other when they are run.
Internal Module: means any or all Module, connected to the Software so that
they both execute in the same address space.
External Module: means any or all Modules, not derived from the Software, so that this Module and the Software run in separate address spaces, with one calling the other when they are run.
Internal Module: means any or all Module, connected to the Software so that they both execute in the same address space.
Parties: mean both the Licensee and the Licensor.
These expressions may be used both in singular and plural form.
Article 2 - PURPOSE
The purpose of the Agreement is the grant by the Licensor to the Licensee of a non-exclusive, transferable and worldwide license for the Software as set forth in Article 5 hereinafter for the whole term of the protection granted by the rights over said Software.
The purpose of the Agreement is the grant by the Licensor to the Licensee
of a non-exclusive, transferable and worldwide license for the Software as
set forth in Article 5 hereinafter for the whole term of the protection granted
by the rights over said Software.
Article 3 - ACCEPTANCE
3.1 The Licensee shall be deemed as having accepted the terms and conditions of this Agreement upon the occurrence of the first of the following events:
(i) loading the Software by any or all means, notably, by downloading from a remote server, or by loading from a physical medium;
3.1 The Licensee shall be deemed as having accepted the terms and conditions
of this Agreement upon the occurrence of the first of the following events:
(i) loading the Software by any or all means, notably, by downloading from
a remote server, or by loading from a physical medium;
(ii) the first time the Licensee exercises any of the rights granted hereunder.
3.2 One copy of the Agreement, containing a notice relating to the characteristics of the Software, to the limited warranty, and to the fact that its use is restricted to experienced users has been provided to the Licensee prior to its acceptance as set forth in Article 3.1 hereinabove, and the Licensee hereby acknowledges that it has read and understood it.
3.2 One copy of the Agreement, containing a notice relating to the characteristics
of the Software, to the limited warranty, and to the fact that its use is
restricted to experienced users has been provided to the Licensee prior to
its acceptance as set forth in Article 3.1 hereinabove, and the Licensee hereby
acknowledges that it has read and understood it.
Article 4 - EFFECTIVE DATE AND TERM
4.1 EFFECTIVE DATE
The Agreement shall become effective on the date when it is accepted by the Licensee as set forth in Article 3.1.
The Agreement shall become effective on the date when it is accepted by the
Licensee as set forth in Article 3.1.
4.2 TERM
The Agreement shall remain in force for the entire legal term of protection of the economic rights over the Software.
The Agreement shall remain in force for the entire legal term of protection
of the economic rights over the Software.
Article 5 - SCOPE OF RIGHTS GRANTED
The Licensor hereby grants to the Licensee, who accepts, the following rights over the Software for any or all use, and for the term of the Agreement, on the basis of the terms and conditions set forth hereinafter.
Besides, if the Licensor owns or comes to own one or more patents protecting all or part of the functions of the Software or of its components, the Licensor undertakes not to enforce the rights granted by these patents against successive Licensees using, exploiting or modifying the Software. If these patents are transferred, the Licensor undertakes to have the transferees subscribe to the obligations set forth in this paragraph.
The Licensor hereby grants to the Licensee, who accepts, the following rights
over the Software for any or all use, and for the term of the Agreement, on
the basis of the terms and conditions set forth hereinafter.
Besides, if the Licensor owns or comes to own one or more patents protecting
all or part of the functions of the Software or of its components, the Licensor
undertakes not to enforce the rights granted by these patents against successive
Licensees using, exploiting or modifying the Software. If these patents are
transferred, the Licensor undertakes to have the transferees subscribe to
the obligations set forth in this paragraph.
5.1 RIGHT OF USE
The Licensee is authorized to use the Software, without any limitation as to its fields of application, with it being hereinafter specified that this comprises:
1. permanent or temporary reproduction of all or part of the Software by any or all means and in any or all form.
The Licensee is authorized to use the Software, without any limitation as
to its fields of application, with it being hereinafter specified that this
comprises:
1. permanent or temporary reproduction of all or part of the Software by any
or all means and in any or all form.
2. loading, displaying, running, or storing the Software on any or all medium.
3. entitlement to observe, study or test its operation so as to determine the ideas and principles behind any or all constituent elements of said Software. This shall apply when the Licensee carries out any or all loading, displaying, running, transmission or storage operation as regards the Software, that it is entitled to carry out hereunder.
3. entitlement to observe, study or test its operation so as to determine
the ideas and principles behind any or all constituent elements of said Software.
This shall apply when the Licensee carries out any or all loading, displaying,
running, transmission or storage operation as regards the Software, that it
is entitled to carry out hereunder.
5.2 ENTITLEMENT TO MAKE CONTRIBUTIONS
The right to make Contributions includes the right to translate, adapt, arrange, or make any or all modifications to the Software, and the right to reproduce the resulting software.
The Licensee is authorized to make any or all Contributions to the Software provided that it includes an explicit notice that it is the author of said Contribution and indicates the date of the creation thereof.
The right to make Contributions includes the right to translate, adapt, arrange,
or make any or all modifications to the Software, and the right to reproduce
the resulting software.
The Licensee is authorized to make any or all Contributions to the Software
provided that it includes an explicit notice that it is the author of said
Contribution and indicates the date of the creation thereof.
5.3 RIGHT OF DISTRIBUTION
In particular, the right of distribution includes the right to publish, transmit and communicate the Software to the general public on any or all medium, and by any or all means, and the right to market, either in consideration of a fee, or free of charge, one or more copies of the Software by any means.
The Licensee is further authorized to distribute copies of the modified or unmodified Software to third parties according to the terms and conditions set forth hereinafter.
In particular, the right of distribution includes the right to publish, transmit
and communicate the Software to the general public on any or all medium, and
by any or all means, and the right to market, either in consideration of a
fee, or free of charge, one or more copies of the Software by any means.
The Licensee is further authorized to distribute copies of the modified or
unmodified Software to third parties according to the terms and conditions
set forth hereinafter.
5.3.1. DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
The Licensee is authorized to distribute true copies of the Software in Source Code or Object Code form, provided that said distribution complies with all the provisions of the Agreement and is accompanied by:
The Licensee is authorized to distribute true copies of the Software in Source
Code or Object Code form, provided that said distribution complies with all
the provisions of the Agreement and is accompanied by:
1. a copy of the Agreement,
2. a notice relating to the limitation of both the Licensor's warranty and liability as set forth in Articles 8 and 9,
and that, in the event that only the Object Code of the Software is redistributed, the Licensee allows effective access to the full Source Code of the Software at a minimum during the entire period of its distribution of the Software, it being understood that the additional cost of acquiring the Source Code shall not exceed the cost of transferring the data.
2. a notice relating to the limitation of both the Licensor's warranty and
liability as set forth in Articles 8 and 9,
and that, in the event that only the Object Code of the Software is redistributed,
the Licensee allows effective access to the full Source Code of the Software
at a minimum during the entire period of its distribution of the Software,
it being understood that the additional cost of acquiring the Source Code
shall not exceed the cost of transferring the data.
5.3.2. DISTRIBUTION OF MODIFIED SOFTWARE
If the Licensee makes any Contribution to the Software, the resulting Modified Software may be distributed under a license agreement other than this Agreement subject to compliance with the provisions of Article 5.3.4.
If the Licensee makes any Contribution to the Software, the resulting Modified
Software may be distributed under a license agreement other than this Agreement
subject to compliance with the provisions of Article 5.3.4.
5.3.3. DISTRIBUTION OF EXTERNAL MODULES
When the Licensee has developed an External Module, the terms and conditions of this Agreement do not apply to said External Module, that may be distributed under a separate license agreement.
When the Licensee has developed an External Module, the terms and conditions
of this Agreement do not apply to said External Module, that may be distributed
under a separate license agreement.
5.3.4. CREDITS
Any Licensee who may distribute a Modified Software hereby expressly agrees to:
1. indicate in the related documentation that it is based on the Software licensed hereunder, and reproduce the intellectual property notice for the Software,
2. ensure that written indications of the Software intended use, intellectual property notice and license hereunder are included in easily accessible format from the Modified Software interface,
3. mention, on a freely accessible website describing the Modified Software, at least throughout the distribution term thereof, that it is based on the Software licensed hereunder, and reproduce the Software intellectual property notice,
4. where it is distributed to a third party that may distribute a Modified Software without having to make its source code available, make its best efforts to ensure that said third party agrees to comply with the obligations set forth in this Article .
If the Software, whether or not modified, is distributed with an External Module designed for use in connection with the Software, the Licensee shall submit said External Module to the foregoing obligations.
Any Licensee who may distribute a Modified Software hereby expressly agrees
to:
1. indicate in the related documentation that it is based on the Software
licensed hereunder, and reproduce the intellectual property notice for the
Software,
2. ensure that written indications of the Software intended use, intellectual
property notice and license hereunder are included in easily accessible format
from the Modified Software interface,
3. mention, on a freely accessible website describing the Modified Software,
at least throughout the distribution term thereof, that it is based on the
Software licensed hereunder, and reproduce the Software intellectual property
notice,
4. where it is distributed to a third party that may distribute a Modified
Software without having to make its source code available, make its best efforts
to ensure that said third party agrees to comply with the obligations set
forth in this Article .
If the Software, whether or not modified, is distributed with an External
Module designed for use in connection with the Software, the Licensee shall
submit said External Module to the foregoing obligations.
5.3.5. COMPATIBILITY WITH THE CeCILL AND CeCILL-C LICENSES
Where a Modified Software contains a Contribution subject to the CeCILL license, the provisions set forth in Article 5.3.4 shall be optional.
A Modified Software may be distributed under the CeCILL-C license. In such a case the provisions set forth in Article 5.3.4 shall be optional.
Where a Modified Software contains a Contribution subject to the CeCILL license,
the provisions set forth in Article 5.3.4 shall be optional.
A Modified Software may be distributed under the CeCILL-C license. In such
a case the provisions set forth in Article 5.3.4 shall be optional.
Article 6 - INTELLECTUAL PROPERTY
6.1 OVER THE INITIAL SOFTWARE
The Holder owns the economic rights over the Initial Software. Any or all use of the Initial Software is subject to compliance with the terms and conditions under which the Holder has elected to distribute its work and no one shall be entitled to modify the terms and conditions for the distribution of said Initial Software.
The Holder undertakes that the Initial Software will remain ruled at least by this Agreement, for the duration set forth in Article 4.2.
The Holder owns the economic rights over the Initial Software. Any or all
use of the Initial Software is subject to compliance with the terms and conditions
under which the Holder has elected to distribute its work and no one shall
be entitled to modify the terms and conditions for the distribution of said
Initial Software.
The Holder undertakes that the Initial Software will remain ruled at least
by this Agreement, for the duration set forth in Article 4.2.
6.2 OVER THE CONTRIBUTIONS
The Licensee who develops a Contribution is the owner of the intellectual property rights over this Contribution as defined by applicable law.
The Licensee who develops a Contribution is the owner of the intellectual
property rights over this Contribution as defined by applicable law.
6.3 OVER THE EXTERNAL MODULES
The Licensee who develops an External Module is the owner of the intellectual property rights over this External Module as defined by applicable law and is free to choose the type of agreement that shall govern its distribution.
The Licensee who develops an External Module is the owner of the intellectual
property rights over this External Module as defined by applicable law and
is free to choose the type of agreement that shall govern its distribution.
6.4 JOINT PROVISIONS
The Licensee expressly undertakes:
1. not to remove, or modify, in any manner, the intellectual property notices attached to the Software;
2. to reproduce said notices, in an identical manner, in the copies of the Software modified or not.
The Licensee undertakes not to directly or indirectly infringe the intellectual property rights of the Holder and/or Contributors on the Software and to take, where applicable, vis-à-vis its staff, any and all measures required to ensure respect of said intellectual property rights of the Holder and/or Contributors.
1. not to remove, or modify, in any manner, the intellectual property notices
attached to the Software;
2. to reproduce said notices, in an identical manner, in the copies of the
Software modified or not.
The Licensee undertakes not to directly or indirectly infringe the intellectual
property rights of the Holder and/or Contributors on the Software and to take,
where applicable, vis-à-vis its staff, any and all measures required to ensure
respect of said intellectual property rights of the Holder and/or Contributors.
Article 7 - RELATED SERVICES
7.1 Under no circumstances shall the Agreement oblige the Licensor to provide technical assistance or maintenance services for the Software.
However, the Licensor is entitled to offer this type of services. The terms and conditions of such technical assistance, and/or such maintenance, shall be set forth in a separate instrument. Only the Licensor offering said maintenance and/or technical assistance services shall incur liability therefor.
7.2 Similarly, any Licensor is entitled to offer to its licensees, under its sole responsibility, a warranty, that shall only be binding upon itself, for the redistribution of the Software and/or the Modified Software, under terms and conditions that it is free to decide. Said warranty, and the financial terms and conditions of its application, shall be subject of a separate instrument executed between the Licensor and the Licensee.
7.1 Under no circumstances shall the Agreement oblige the Licensor to provide
technical assistance or maintenance services for the Software.
However, the Licensor is entitled to offer this type of services. The terms
and conditions of such technical assistance, and/or such maintenance, shall
be set forth in a separate instrument. Only the Licensor offering said maintenance
and/or technical assistance services shall incur liability therefor.
7.2 Similarly, any Licensor is entitled to offer to its licensees, under its
sole responsibility, a warranty, that shall only be binding upon itself, for
the redistribution of the Software and/or the Modified Software, under terms
and conditions that it is free to decide. Said warranty, and the financial
terms and conditions of its application, shall be subject of a separate instrument
executed between the Licensor and the Licensee.
Article 8 - LIABILITY
8.1 Subject to the provisions of Article 8.2, the Licensee shall be entitled to claim compensation for any direct loss it may have suffered from the Software as a result of a fault on the part of the relevant Licensor, subject to providing evidence thereof.
8.2 The Licensor's liability is limited to the commitments made under this Agreement and shall not be incurred as a result of in particular: (i) loss due the Licensee's total or partial failure to fulfill its obligations, (ii) direct or consequential loss that is suffered by the Licensee due to the use or performance of the Software, and (iii) more generally, any consequential loss. In particular the Parties expressly agree that any or all pecuniary or business loss (i.e. loss of data, loss of profits, operating loss, loss of customers or orders, opportunity cost, any disturbance to business activities) or any or all legal proceedings instituted against the Licensee by a third party, shall constitute consequential loss and shall not provide entitlement to any or all compensation from the Licensor.
8.1 Subject to the provisions of Article 8.2, the Licensee shall be entitled
to claim compensation for any direct loss it may have suffered from the Software
as a result of a fault on the part of the relevant Licensor, subject to providing
evidence thereof.
8.2 The Licensor's liability is limited to the commitments made under this
Agreement and shall not be incurred as a result of in particular: (i) loss
due the Licensee's total or partial failure to fulfill its obligations, (ii)
direct or consequential loss that is suffered by the Licensee due to the use
or performance of the Software, and (iii) more generally, any consequential
loss. In particular the Parties expressly agree that any or all pecuniary
or business loss (i.e. loss of data, loss of profits, operating loss, loss
of customers or orders, opportunity cost, any disturbance to business activities)
or any or all legal proceedings instituted against the Licensee by a third
party, shall constitute consequential loss and shall not provide entitlement
to any or all compensation from the Licensor.
Article 9 - WARRANTY
9.1 The Licensee acknowledges that the scientific and technical state-of-the-art when the Software was distributed did not enable all possible uses to be tested and verified, nor for the presence of possible defects to be detected. In this respect, the Licensee's attention has been drawn to the risks associated with loading, using, modifying and/or developing and reproducing the Software which are reserved for experienced users.
The Licensee shall be responsible for verifying, by any or all means, the suitability of the product for its requirements, its good working order, and for ensuring that it shall not cause damage to either persons or properties.
9.2 The Licensor hereby represents, in good faith, that it is entitled to grant all the rights over the Software (including in particular the rights set forth in Article 5).
9.3 The Licensee acknowledges that the Software is supplied "as is" by the Licensor without any other express or tacit warranty, other than that provided for in Article 9.2 and, in particular, without any warranty as to its commercial value, its secured, safe, innovative or relevant nature.
Specifically, the Licensor does not warrant that the Software is free from any error, that it will operate without interruption, that it will be compatible with the Licensee's own equipment and software configuration, nor that it will meet the Licensee's requirements.
9.4 The Licensor does not either expressly or tacitly warrant that the Software does not infringe any third party intellectual property right relating to a patent, software or any other property right. Therefore, the Licensor disclaims any and all liability towards the Licensee arising out of any or all proceedings for infringement that may be instituted in respect of the use, modification and redistribution of the Software. Nevertheless, should such proceedings be instituted against the Licensee, the Licensor shall provide it with technical and legal assistance for its defense. Such technical and legal assistance shall be decided on a case-by-case basis between the relevant Licensor and the Licensee pursuant to a memorandum of understanding. The Licensor disclaims any and all liability as regards the Licensee's use of the name of the Software. No warranty is given as regards the existence of prior rights over the name of the Software or as regards the existence of a trademark.
9.1 The Licensee acknowledges that the scientific and technical state-of-the-art
when the Software was distributed did not enable all possible uses to be tested
and verified, nor for the presence of possible defects to be detected. In
this respect, the Licensee's attention has been drawn to the risks associated
with loading, using, modifying and/or developing and reproducing the Software
which are reserved for experienced users.
The Licensee shall be responsible for verifying, by any or all means, the
suitability of the product for its requirements, its good working order, and
for ensuring that it shall not cause damage to either persons or properties.
9.2 The Licensor hereby represents, in good faith, that it is entitled to
grant all the rights over the Software (including in particular the rights
set forth in Article 5).
9.3 The Licensee acknowledges that the Software is supplied "as is" by the
Licensor without any other express or tacit warranty, other than that provided
for in Article 9.2 and, in particular, without any warranty as to its commercial
value, its secured, safe, innovative or relevant nature.
Specifically, the Licensor does not warrant that the Software is free from
any error, that it will operate without interruption, that it will be compatible
with the Licensee's own equipment and software configuration, nor that it
will meet the Licensee's requirements.
9.4 The Licensor does not either expressly or tacitly warrant that the Software
does not infringe any third party intellectual property right relating to
a patent, software or any other property right. Therefore, the Licensor disclaims
any and all liability towards the Licensee arising out of any or all proceedings
for infringement that may be instituted in respect of the use, modification
and redistribution of the Software. Nevertheless, should such proceedings
be instituted against the Licensee, the Licensor shall provide it with technical
and legal assistance for its defense. Such technical and legal assistance
shall be decided on a case-by-case basis between the relevant Licensor and
the Licensee pursuant to a memorandum of understanding. The Licensor disclaims
any and all liability as regards the Licensee's use of the name of the Software.
No warranty is given as regards the existence of prior rights over the name
of the Software or as regards the existence of a trademark.
Article 10 - TERMINATION
10.1 In the event of a breach by the Licensee of its obligations hereunder, the Licensor may automatically terminate this Agreement thirty (30) days after notice has been sent to the Licensee and has remained ineffective.
10.2 A Licensee whose Agreement is terminated shall no longer be authorized to use, modify or distribute the Software. However, any licenses that it may have granted prior to termination of the Agreement shall remain valid subject to their having been granted in compliance with the terms and conditions hereof.
10.1 In the event of a breach by the Licensee of its obligations hereunder,
the Licensor may automatically terminate this Agreement thirty (30) days after
notice has been sent to the Licensee and has remained ineffective.
10.2 A Licensee whose Agreement is terminated shall no longer be authorized
to use, modify or distribute the Software. However, any licenses that it may
have granted prior to termination of the Agreement shall remain valid subject
to their having been granted in compliance with the terms and conditions hereof.
Article 11 - MISCELLANEOUS
11.1 EXCUSABLE EVENTS
Neither Party shall be liable for any or all delay, or failure to perform the Agreement, that may be attributable to an event of force majeure, an act of God or an outside cause, such as defective functioning or interruptions of the electricity or telecommunications networks, network paralysis following a virus attack, intervention by government authorities, natural disasters, water damage, earthquakes, fire, explosions, strikes and labor unrest, war, etc.
11.2 Any failure by either Party, on one or more occasions, to invoke one or more of the provisions hereof, shall under no circumstances be interpreted as being a waiver by the interested Party of its right to invoke said provision(s) subsequently.
11.3 The Agreement cancels and replaces any or all previous agreements, whether written or oral, between the Parties and having the same purpose, and constitutes the entirety of the agreement between said Parties concerning said purpose. No supplement or modification to the terms and conditions hereof shall be effective as between the Parties unless it is made in writing and signed by their duly authorized representatives.
11.4 In the event that one or more of the provisions hereof were to conflict with a current or future applicable act or legislative text, said act or legislative text shall prevail, and the Parties shall make the necessary amendments so as to comply with said act or legislative text. All other provisions shall remain effective. Similarly, invalidity of a provision of the Agreement, for any reason whatsoever, shall not cause the Agreement as a whole to be invalid.
Neither Party shall be liable for any or all delay, or failure to perform
the Agreement, that may be attributable to an event of force majeure, an act
of God or an outside cause, such as defective functioning or interruptions
of the electricity or telecommunications networks, network paralysis following
a virus attack, intervention by government authorities, natural disasters,
water damage, earthquakes, fire, explosions, strikes and labor unrest, war,
etc.
11.2 Any failure by either Party, on one or more occasions, to invoke one
or more of the provisions hereof, shall under no circumstances be interpreted
as being a waiver by the interested Party of its right to invoke said provision(s)
subsequently.
11.3 The Agreement cancels and replaces any or all previous agreements, whether
written or oral, between the Parties and having the same purpose, and constitutes
the entirety of the agreement between said Parties concerning said purpose.
No supplement or modification to the terms and conditions hereof shall be
effective as between the Parties unless it is made in writing and signed by
their duly authorized representatives.
11.4 In the event that one or more of the provisions hereof were to conflict
with a current or future applicable act or legislative text, said act or legislative
text shall prevail, and the Parties shall make the necessary amendments so
as to comply with said act or legislative text. All other provisions shall
remain effective. Similarly, invalidity of a provision of the Agreement, for
any reason whatsoever, shall not cause the Agreement as a whole to be invalid.
11.5 LANGUAGE
The Agreement is drafted in both French and English and both versions are deemed authentic.
The Agreement is drafted in both French and English and both versions are
deemed authentic.
Article 12 - NEW VERSIONS OF THE AGREEMENT
12.1 Any person is authorized to duplicate and distribute copies of this Agreement.
12.2 So as to ensure coherence, the wording of this Agreement is protected and may only be modified by the authors of the License, who reserve the right to periodically publish updates or new versions of the Agreement, each with a separate number. These subsequent versions may address new issues encountered by Free Software.
12.3 Any Software distributed under a given version of the Agreement may only be subsequently distributed under the same version of the Agreement or a subsequent version.
12.2 So as to ensure coherence, the wording of this Agreement is protected
and may only be modified by the authors of the License, who reserve the right
to periodically publish updates or new versions of the Agreement, each with
a separate number. These subsequent versions may address new issues encountered
by Free Software.
12.3 Any Software distributed under a given version of the Agreement may only
be subsequently distributed under the same version of the Agreement or a subsequent
version.
Article 13 - GOVERNING LAW AND JURISDICTION
13.1 The Agreement is governed by French law. The Parties agree to endeavor to seek an amicable solution to any disagreements or disputes that may arise during the performance of the Agreement.
13.2 Failing an amicable solution within two (2) months as from their occurrence, and unless emergency proceedings are necessary, the disagreements or disputes shall be referred to the Paris Courts having jurisdiction, by the more diligent Party.
Version 1.0 dated 2006-09-05. 1 CeCILL stands for Ce(a) C(nrs) I(nria) L(ogiciel) L(ibre)
13.1 The Agreement is governed by French law. The Parties agree to endeavor
to seek an amicable solution to any disagreements or disputes that may arise
during the performance of the Agreement.
13.2 Failing an amicable solution within two (2) months as from their occurrence,
and unless emergency proceedings are necessary, the disagreements or disputes
shall be referred to the Paris Courts having jurisdiction, by the more diligent
Party.
Version 1.0 dated 2006-09-05. 1 CeCILL stands for Ce(a) C(nrs) I(nria) L(ogiciel)
L(ibre)

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@ -1,138 +1,487 @@
CeCILL-C FREE SOFTWARE LICENSE AGREEMENT Notice
This Agreement is a Free Software license agreement that is the result of discussions between its authors in order to ensure compliance with the two main principles guiding its drafting:
* firstly, compliance with the principles governing the distribution of Free Software: access to source code, broad rights granted to users,
* secondly, the election of a governing law, French law, with which it is conformant, both as regards the law of torts and intellectual property law, and the protection that it offers to both authors and holders of the economic rights over software.
This Agreement is a Free Software license agreement that is the result of
discussions between its authors in order to ensure compliance with the two
main principles guiding its drafting:
* firstly, compliance with the principles governing the distribution of Free
Software: access to source code, broad rights granted to users,
* secondly, the election of a governing law, French law, with which it is
conformant, both as regards the law of torts and intellectual property law,
and the protection that it offers to both authors and holders of the economic
rights over software.
The authors of the CeCILL¹ license are:
Commissariat à l'Energie Atomique - CEA, a public scientific, technical and industrial research establishment, having its principal place of business at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
Centre National de la Recherche Scientifique - CNRS, a public scientific and technological establishment, having its principal place of business at 3 rue Michel-Ange, 75794 Paris cedex 16, France.
Institut National de Recherche en Informatique et en Automatique - INRIA, a public scientific and technological establishment, having its principal place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay cedex, France.
Preamble The purpose of this Free Software license agreement is to grant users the right to modify and re-use the software governed by this license.
The exercising of this right is conditional upon the obligation to make available to the community the modifications made to the source code of the software so as to contribute to its evolution.
In consideration of access to the source code and the rights to copy, modify and redistribute granted by the license, users are provided only with a limited warranty and the software's author, the holder of the economic rights, and the successive licensors only have limited liability.
In this respect, the risks associated with loading, using, modifying and/or developing or reproducing the software by the user are brought to the user's attention, given its Free Software status, which may make it complicated to use, with the result that its use is reserved for developers and experienced professionals having in-depth computer knowledge. Users are therefore encouraged to load and test the suitability of the software as regards their requirements in conditions enabling the security of their systems and/or data to be ensured and, more generally, to use and operate it in the same conditions of security. This Agreement may be freely reproduced and published, provided it is not altered, and that no provisions are either added or removed herefrom.
This Agreement may apply to any or all software for which the holder of the economic rights decides to submit the use thereof to its provisions.
Commissariat à l'Energie Atomique - CEA, a public scientific, technical and
industrial research establishment, having its principal place of business
at 25 rue Leblanc, immeuble Le Ponant D, 75015 Paris, France.
Centre National de la Recherche Scientifique - CNRS, a public scientific and
technological establishment, having its principal place of business at 3 rue
Michel-Ange, 75794 Paris cedex 16, France.
Institut National de Recherche en Informatique et en Automatique - INRIA,
a public scientific and technological establishment, having its principal
place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay
cedex, France.
Preamble The purpose of this Free Software license agreement is to grant users
the right to modify and re-use the software governed by this license.
The exercising of this right is conditional upon the obligation to make available
to the community the modifications made to the source code of the software
so as to contribute to its evolution.
In consideration of access to the source code and the rights to copy, modify
and redistribute granted by the license, users are provided only with a limited
warranty and the software's author, the holder of the economic rights, and
the successive licensors only have limited liability.
In this respect, the risks associated with loading, using, modifying and/or
developing or reproducing the software by the user are brought to the user's
attention, given its Free Software status, which may make it complicated to
use, with the result that its use is reserved for developers and experienced
professionals having in-depth computer knowledge. Users are therefore encouraged
to load and test the suitability of the software as regards their requirements
in conditions enabling the security of their systems and/or data to be ensured
and, more generally, to use and operate it in the same conditions of security.
This Agreement may be freely reproduced and published, provided it is not
altered, and that no provisions are either added or removed herefrom.
This Agreement may apply to any or all software for which the holder of the
economic rights decides to submit the use thereof to its provisions.
Article 1 - DEFINITIONS
For the purpose of this Agreement, when the following expressions commence with a capital letter, they shall have the following meaning:
Agreement: means this license agreement, and its possible subsequent versions and annexes.
For the purpose of this Agreement, when the following expressions commence
with a capital letter, they shall have the following meaning:
Software: means the software in its Object Code and/or Source Code form and, where applicable, its documentation, "as is" when the Licensee accepts the Agreement.
Initial Software: means the Software in its Source Code and possibly its Object Code form and, where applicable, its documentation, "as is" when it is first distributed under the terms and conditions of the Agreement.
Modified Software: means the Software modified by at least one Integrated Contribution.
Agreement: means this license agreement, and its possible subsequent versions
and annexes.
Software: means the software in its Object Code and/or Source Code form and,
where applicable, its documentation, "as is" when the Licensee accepts the
Agreement.
Initial Software: means the Software in its Source Code and possibly its Object
Code form and, where applicable, its documentation, "as is" when it is first
distributed under the terms and conditions of the Agreement.
Modified Software: means the Software modified by at least one Integrated
Contribution.
Source Code: means all the Software's instructions and program lines to which
access is required so as to modify the Software.
Object Code: means the binary files originating from the compilation of the
Source Code.
Source Code: means all the Software's instructions and program lines to which access is required so as to modify the Software.
Object Code: means the binary files originating from the compilation of the Source Code.
Holder: means the holder(s) of the economic rights over the Initial Software.
Licensee: means the Software user(s) having accepted the Agreement.
Contributor: means a Licensee having made at least one Integrated Contribution.
Licensor: means the Holder, or any other individual or legal entity, who distributes the Software under the Agreement.
Integrated Contribution: means any or all modifications, corrections, translations, adaptations and/or new functions integrated into the Source Code by any or all Contributors.
Related Module: means a set of sources files including their documentation that, without modification to the Source Code, enables supplementary functions or services in addition to those offered by the Software.
Licensor: means the Holder, or any other individual or legal entity, who distributes
the Software under the Agreement.
Integrated Contribution: means any or all modifications, corrections, translations,
adaptations and/or new functions integrated into the Source Code by any or
all Contributors.
Related Module: means a set of sources files including their documentation
that, without modification to the Source Code, enables supplementary functions
or services in addition to those offered by the Software.
Derivative Software: means any combination of the Software, modified or not,
and of a Related Module.
Derivative Software: means any combination of the Software, modified or not, and of a Related Module.
Parties: mean both the Licensee and the Licensor.
These expressions may be used both in singular and plural form.
Article 2 - PURPOSE
The purpose of the Agreement is the grant by the Licensor to the Licensee of a non-exclusive, transferable and worldwide license for the Software as set forth in Article 5 hereinafter for the whole term of the protection granted by the rights over said Software.
The purpose of the Agreement is the grant by the Licensor to the Licensee
of a non-exclusive, transferable and worldwide license for the Software as
set forth in Article 5 hereinafter for the whole term of the protection granted
by the rights over said Software.
Article 3 - ACCEPTANCE
3.1 The Licensee shall be deemed as having accepted the terms and conditions of this Agreement upon the occurrence of the first of the following events:
(i) loading the Software by any or all means, notably, by downloading from a remote server, or by loading from a physical medium;
3.1 The Licensee shall be deemed as having accepted the terms and conditions
of this Agreement upon the occurrence of the first of the following events:
(i) loading the Software by any or all means, notably, by downloading from
a remote server, or by loading from a physical medium;
(ii) the first time the Licensee exercises any of the rights granted hereunder.
3.2 One copy of the Agreement, containing a notice relating to the characteristics of the Software, to the limited warranty, and to the fact that its use is restricted to experienced users has been provided to the Licensee prior to its acceptance as set forth in Article 3.1 hereinabove, and the Licensee hereby acknowledges that it has read and understood it.
3.2 One copy of the Agreement, containing a notice relating to the characteristics
of the Software, to the limited warranty, and to the fact that its use is
restricted to experienced users has been provided to the Licensee prior to
its acceptance as set forth in Article 3.1 hereinabove, and the Licensee hereby
acknowledges that it has read and understood it.
Article 4 - EFFECTIVE DATE AND TERM
4.1 EFFECTIVE DATE
The Agreement shall become effective on the date when it is accepted by the Licensee as set forth in Article 3.1.
The Agreement shall become effective on the date when it is accepted by the
Licensee as set forth in Article 3.1.
4.2 TERM
The Agreement shall remain in force for the entire legal term of protection of the economic rights over the Software.
The Agreement shall remain in force for the entire legal term of protection
of the economic rights over the Software.
Article 5 - SCOPE OF RIGHTS GRANTED
The Licensor hereby grants to the Licensee, who accepts, the following rights over the Software for any or all use, and for the term of the Agreement, on the basis of the terms and conditions set forth hereinafter.
Besides, if the Licensor owns or comes to own one or more patents protecting all or part of the functions of the Software or of its components, the Licensor undertakes not to enforce the rights granted by these patents against successive Licensees using, exploiting or modifying the Software. If these patents are transferred, the Licensor undertakes to have the transferees subscribe to the obligations set forth in this paragraph.
The Licensor hereby grants to the Licensee, who accepts, the following rights
over the Software for any or all use, and for the term of the Agreement, on
the basis of the terms and conditions set forth hereinafter.
Besides, if the Licensor owns or comes to own one or more patents protecting
all or part of the functions of the Software or of its components, the Licensor
undertakes not to enforce the rights granted by these patents against successive
Licensees using, exploiting or modifying the Software. If these patents are
transferred, the Licensor undertakes to have the transferees subscribe to
the obligations set forth in this paragraph.
5.1 RIGHT OF USE
The Licensee is authorized to use the Software, without any limitation as to its fields of application, with it being hereinafter specified that this comprises:
1. permanent or temporary reproduction of all or part of the Software by any or all means and in any or all form.
The Licensee is authorized to use the Software, without any limitation as
to its fields of application, with it being hereinafter specified that this
comprises:
1. permanent or temporary reproduction of all or part of the Software by any
or all means and in any or all form.
2. loading, displaying, running, or storing the Software on any or all medium.
3. entitlement to observe, study or test its operation so as to determine the ideas and principles behind any or all constituent elements of said Software. This shall apply when the Licensee carries out any or all loading, displaying, running, transmission or storage operation as regards the Software, that it is entitled to carry out hereunder.
3. entitlement to observe, study or test its operation so as to determine
the ideas and principles behind any or all constituent elements of said Software.
This shall apply when the Licensee carries out any or all loading, displaying,
running, transmission or storage operation as regards the Software, that it
is entitled to carry out hereunder.
5.2 RIGHT OF MODIFICATION
The right of modification includes the right to translate, adapt, arrange, or make any or all modifications to the Software, and the right to reproduce the resulting software. It includes, in particular, the right to create a Derivative Software.
The Licensee is authorized to make any or all modification to the Software provided that it includes an explicit notice that it is the author of said modification and indicates the date of the creation thereof.
The right of modification includes the right to translate, adapt, arrange,
or make any or all modifications to the Software, and the right to reproduce
the resulting software. It includes, in particular, the right to create a
Derivative Software.
The Licensee is authorized to make any or all modification to the Software
provided that it includes an explicit notice that it is the author of said
modification and indicates the date of the creation thereof.
5.3 RIGHT OF DISTRIBUTION
In particular, the right of distribution includes the right to publish, transmit and communicate the Software to the general public on any or all medium, and by any or all means, and the right to market, either in consideration of a fee, or free of charge, one or more copies of the Software by any means.
The Licensee is further authorized to distribute copies of the modified or unmodified Software to third parties according to the terms and conditions set forth hereinafter.
In particular, the right of distribution includes the right to publish, transmit
and communicate the Software to the general public on any or all medium, and
by any or all means, and the right to market, either in consideration of a
fee, or free of charge, one or more copies of the Software by any means.
The Licensee is further authorized to distribute copies of the modified or
unmodified Software to third parties according to the terms and conditions
set forth hereinafter.
5.3.1. DISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
The Licensee is authorized to distribute true copies of the Software in Source Code or Object Code form, provided that said distribution complies with all the provisions of the Agreement and is accompanied by:
The Licensee is authorized to distribute true copies of the Software in Source
Code or Object Code form, provided that said distribution complies with all
the provisions of the Agreement and is accompanied by:
1. a copy of the Agreement,
2. a notice relating to the limitation of both the Licensor's warranty and liability as set forth in Articles 8 and 9,
and that, in the event that only the Object Code of the Software is redistributed, the Licensee allows effective access to the full Source Code of the Software at a minimum during the entire period of its distribution of the Software, it being understood that the additional cost of acquiring the Source Code shall not exceed the cost of transferring the data.
2. a notice relating to the limitation of both the Licensor's warranty and
liability as set forth in Articles 8 and 9,
and that, in the event that only the Object Code of the Software is redistributed,
the Licensee allows effective access to the full Source Code of the Software
at a minimum during the entire period of its distribution of the Software,
it being understood that the additional cost of acquiring the Source Code
shall not exceed the cost of transferring the data.
5.3.2. DISTRIBUTION OF MODIFIED SOFTWARE
When the Licensee makes an Integrated Contribution to the Software, the terms and conditions for the distribution of the resulting Modified Software become subject to all the provisions of this Agreement.
The Licensee is authorized to distribute the Modified Software, in source code or object code form, provided that said distribution complies with all the provisions of the Agreement and is accompanied by:
When the Licensee makes an Integrated Contribution to the Software, the terms
and conditions for the distribution of the resulting Modified Software become
subject to all the provisions of this Agreement.
The Licensee is authorized to distribute the Modified Software, in source
code or object code form, provided that said distribution complies with all
the provisions of the Agreement and is accompanied by:
1. a copy of the Agreement,
2. a notice relating to the limitation of both the Licensor's warranty and liability as set forth in Articles 8 and 9,
and that, in the event that only the object code of the Modified Software is redistributed, the Licensee allows effective access to the full source code of the Modified Software at a minimum during the entire period of its distribution of the Modified Software, it being understood that the additional cost of acquiring the source code shall not exceed the cost of transferring the data.
2. a notice relating to the limitation of both the Licensor's warranty and
liability as set forth in Articles 8 and 9,
and that, in the event that only the object code of the Modified Software
is redistributed, the Licensee allows effective access to the full source
code of the Modified Software at a minimum during the entire period of its
distribution of the Modified Software, it being understood that the additional
cost of acquiring the source code shall not exceed the cost of transferring
the data.
5.3.3. DISTRIBUTION OF DERIVATIVE SOFTWARE
When the Licensee creates Derivative Software, this Derivative Software may be distributed under a license agreement other than this Agreement, subject to compliance with the requirement to include a notice concerning the rights over the Software as defined in Article 6.4. In the event the creation of the Derivative Software required modification of the Source Code, the Licensee undertakes that:
When the Licensee creates Derivative Software, this Derivative Software may
be distributed under a license agreement other than this Agreement, subject
to compliance with the requirement to include a notice concerning the rights
over the Software as defined in Article 6.4. In the event the creation of
the Derivative Software required modification of the Source Code, the Licensee
undertakes that:
1. the resulting Modified Software will be governed by this Agreement,
2. the Integrated Contributions in the resulting Modified Software will be clearly identified and documented,
3. the Licensee will allow effective access to the source code of the Modified Software, at a minimum during the entire period of distribution of the Derivative Software, such that such modifications may be carried over in a subsequent version of the Software; it being understood that the additional cost of purchasing the source code of the Modified Software shall not exceed the cost of transferring the data.
2. the Integrated Contributions in the resulting Modified Software will be
clearly identified and documented,
3. the Licensee will allow effective access to the source code of the Modified
Software, at a minimum during the entire period of distribution of the Derivative
Software, such that such modifications may be carried over in a subsequent
version of the Software; it being understood that the additional cost of purchasing
the source code of the Modified Software shall not exceed the cost of transferring
the data.
5.3.4. COMPATIBILITY WITH THE CeCILL LICENSE
When a Modified Software contains an Integrated Contribution subject to the CeCILL license agreement, or when a Derivative Software contains a Related Module subject to the CeCILL license agreement, the provisions set forth in the third item of Article 6.4 are optional.
When a Modified Software contains an Integrated Contribution subject to the
CeCILL license agreement, or when a Derivative Software contains a Related
Module subject to the CeCILL license agreement, the provisions set forth in
the third item of Article 6.4 are optional.
Article 6 - INTELLECTUAL PROPERTY
6.1 OVER THE INITIAL SOFTWARE
The Holder owns the economic rights over the Initial Software. Any or all use of the Initial Software is subject to compliance with the terms and conditions under which the Holder has elected to distribute its work and no one shall be entitled to modify the terms and conditions for the distribution of said Initial Software.
The Holder undertakes that the Initial Software will remain ruled at least by this Agreement, for the duration set forth in Article 4.2.
The Holder owns the economic rights over the Initial Software. Any or all
use of the Initial Software is subject to compliance with the terms and conditions
under which the Holder has elected to distribute its work and no one shall
be entitled to modify the terms and conditions for the distribution of said
Initial Software.
The Holder undertakes that the Initial Software will remain ruled at least
by this Agreement, for the duration set forth in Article 4.2.
6.2 OVER THE INTEGRATED CONTRIBUTIONS
The Licensee who develops an Integrated Contribution is the owner of the intellectual property rights over this Contribution as defined by applicable law.
The Licensee who develops an Integrated Contribution is the owner of the intellectual
property rights over this Contribution as defined by applicable law.
6.3 OVER THE RELATED MODULES
The Licensee who develops a Related Module is the owner of the intellectual property rights over this Related Module as defined by applicable law and is free to choose the type of agreement that shall govern its distribution under the conditions defined in Article 5.3.3.
The Licensee who develops a Related Module is the owner of the intellectual
property rights over this Related Module as defined by applicable law and
is free to choose the type of agreement that shall govern its distribution
under the conditions defined in Article 5.3.3.
6.4 NOTICE OF RIGHTS
The Licensee expressly undertakes:
1. not to remove, or modify, in any manner, the intellectual property notices attached to the Software;
2. to reproduce said notices, in an identical manner, in the copies of the Software modified or not;
3. to ensure that use of the Software, its intellectual property notices and the fact that it is governed by the Agreement is indicated in a text that is easily accessible, specifically from the interface of any Derivative Software.
The Licensee undertakes not to directly or indirectly infringe the intellectual property rights of the Holder and/or Contributors on the Software and to take, where applicable, vis-à-vis its staff, any and all measures required to ensure respect of said intellectual property rights of the Holder and/or Contributors.
1. not to remove, or modify, in any manner, the intellectual property notices
attached to the Software;
2. to reproduce said notices, in an identical manner, in the copies of the
Software modified or not;
3. to ensure that use of the Software, its intellectual property notices and
the fact that it is governed by the Agreement is indicated in a text that
is easily accessible, specifically from the interface of any Derivative Software.
The Licensee undertakes not to directly or indirectly infringe the intellectual
property rights of the Holder and/or Contributors on the Software and to take,
where applicable, vis-à-vis its staff, any and all measures required to ensure
respect of said intellectual property rights of the Holder and/or Contributors.
Article 7 - RELATED SERVICES
7.1 Under no circumstances shall the Agreement oblige the Licensor to provide technical assistance or maintenance services for the Software.
However, the Licensor is entitled to offer this type of services. The terms and conditions of such technical assistance, and/or such maintenance, shall be set forth in a separate instrument. Only the Licensor offering said maintenance and/or technical assistance services shall incur liability therefor.
7.2 Similarly, any Licensor is entitled to offer to its licensees, under its sole responsibility, a warranty, that shall only be binding upon itself, for the redistribution of the Software and/or the Modified Software, under terms and conditions that it is free to decide. Said warranty, and the financial terms and conditions of its application, shall be subject of a separate instrument executed between the Licensor and the Licensee.
7.1 Under no circumstances shall the Agreement oblige the Licensor to provide
technical assistance or maintenance services for the Software.
However, the Licensor is entitled to offer this type of services. The terms
and conditions of such technical assistance, and/or such maintenance, shall
be set forth in a separate instrument. Only the Licensor offering said maintenance
and/or technical assistance services shall incur liability therefor.
7.2 Similarly, any Licensor is entitled to offer to its licensees, under its
sole responsibility, a warranty, that shall only be binding upon itself, for
the redistribution of the Software and/or the Modified Software, under terms
and conditions that it is free to decide. Said warranty, and the financial
terms and conditions of its application, shall be subject of a separate instrument
executed between the Licensor and the Licensee.
Article 8 - LIABILITY
8.1 Subject to the provisions of Article 8.2, the Licensee shall be entitled to claim compensation for any direct loss it may have suffered from the Software as a result of a fault on the part of the relevant Licensor, subject to providing evidence thereof.
8.2 The Licensor's liability is limited to the commitments made under this Agreement and shall not be incurred as a result of in particular: (i) loss due the Licensee's total or partial failure to fulfill its obligations, (ii) direct or consequential loss that is suffered by the Licensee due to the use or performance of the Software, and (iii) more generally, any consequential loss. In particular the Parties expressly agree that any or all pecuniary or business loss (i.e. loss of data, loss of profits, operating loss, loss of customers or orders, opportunity cost, any disturbance to business activities) or any or all legal proceedings instituted against the Licensee by a third party, shall constitute consequential loss and shall not provide entitlement to any or all compensation from the Licensor.
8.1 Subject to the provisions of Article 8.2, the Licensee shall be entitled
to claim compensation for any direct loss it may have suffered from the Software
as a result of a fault on the part of the relevant Licensor, subject to providing
evidence thereof.
8.2 The Licensor's liability is limited to the commitments made under this
Agreement and shall not be incurred as a result of in particular: (i) loss
due the Licensee's total or partial failure to fulfill its obligations, (ii)
direct or consequential loss that is suffered by the Licensee due to the use
or performance of the Software, and (iii) more generally, any consequential
loss. In particular the Parties expressly agree that any or all pecuniary
or business loss (i.e. loss of data, loss of profits, operating loss, loss
of customers or orders, opportunity cost, any disturbance to business activities)
or any or all legal proceedings instituted against the Licensee by a third
party, shall constitute consequential loss and shall not provide entitlement
to any or all compensation from the Licensor.
Article 9 - WARRANTY
9.1 The Licensee acknowledges that the scientific and technical state-of-the-art when the Software was distributed did not enable all possible uses to be tested and verified, nor for the presence of possible defects to be detected. In this respect, the Licensee's attention has been drawn to the risks associated with loading, using, modifying and/or developing and reproducing the Software which are reserved for experienced users.
The Licensee shall be responsible for verifying, by any or all means, the suitability of the product for its requirements, its good working order, and for ensuring that it shall not cause damage to either persons or properties.
9.2 The Licensor hereby represents, in good faith, that it is entitled to grant all the rights over the Software (including in particular the rights set forth in Article 5).
9.3 The Licensee acknowledges that the Software is supplied "as is" by the Licensor without any other express or tacit warranty, other than that provided for in Article 9.2 and, in particular, without any warranty as to its commercial value, its secured, safe, innovative or relevant nature.
Specifically, the Licensor does not warrant that the Software is free from any error, that it will operate without interruption, that it will be compatible with the Licensee's own equipment and software configuration, nor that it will meet the Licensee's requirements.
9.4 The Licensor does not either expressly or tacitly warrant that the Software does not infringe any third party intellectual property right relating to a patent, software or any other property right. Therefore, the Licensor disclaims any and all liability towards the Licensee arising out of any or all proceedings for infringement that may be instituted in respect of the use, modification and redistribution of the Software. Nevertheless, should such proceedings be instituted against the Licensee, the Licensor shall provide it with technical and legal assistance for its defense. Such technical and legal assistance shall be decided on a case-by-case basis between the relevant Licensor and the Licensee pursuant to a memorandum of understanding. The Licensor disclaims any and all liability as regards the Licensee's use of the name of the Software. No warranty is given as regards the existence of prior rights over the name of the Software or as regards the existence of a trademark.
9.1 The Licensee acknowledges that the scientific and technical state-of-the-art
when the Software was distributed did not enable all possible uses to be tested
and verified, nor for the presence of possible defects to be detected. In
this respect, the Licensee's attention has been drawn to the risks associated
with loading, using, modifying and/or developing and reproducing the Software
which are reserved for experienced users.
The Licensee shall be responsible for verifying, by any or all means, the
suitability of the product for its requirements, its good working order, and
for ensuring that it shall not cause damage to either persons or properties.
9.2 The Licensor hereby represents, in good faith, that it is entitled to
grant all the rights over the Software (including in particular the rights
set forth in Article 5).
9.3 The Licensee acknowledges that the Software is supplied "as is" by the
Licensor without any other express or tacit warranty, other than that provided
for in Article 9.2 and, in particular, without any warranty as to its commercial
value, its secured, safe, innovative or relevant nature.
Specifically, the Licensor does not warrant that the Software is free from
any error, that it will operate without interruption, that it will be compatible
with the Licensee's own equipment and software configuration, nor that it
will meet the Licensee's requirements.
9.4 The Licensor does not either expressly or tacitly warrant that the Software
does not infringe any third party intellectual property right relating to
a patent, software or any other property right. Therefore, the Licensor disclaims
any and all liability towards the Licensee arising out of any or all proceedings
for infringement that may be instituted in respect of the use, modification
and redistribution of the Software. Nevertheless, should such proceedings
be instituted against the Licensee, the Licensor shall provide it with technical
and legal assistance for its defense. Such technical and legal assistance
shall be decided on a case-by-case basis between the relevant Licensor and
the Licensee pursuant to a memorandum of understanding. The Licensor disclaims
any and all liability as regards the Licensee's use of the name of the Software.
No warranty is given as regards the existence of prior rights over the name
of the Software or as regards the existence of a trademark.
Article 10 - TERMINATION
10.1 In the event of a breach by the Licensee of its obligations hereunder, the Licensor may automatically terminate this Agreement thirty (30) days after notice has been sent to the Licensee and has remained ineffective.
10.2 A Licensee whose Agreement is terminated shall no longer be authorized to use, modify or distribute the Software. However, any licenses that it may have granted prior to termination of the Agreement shall remain valid subject to their having been granted in compliance with the terms and conditions hereof.
10.1 In the event of a breach by the Licensee of its obligations hereunder,
the Licensor may automatically terminate this Agreement thirty (30) days after
notice has been sent to the Licensee and has remained ineffective.
10.2 A Licensee whose Agreement is terminated shall no longer be authorized
to use, modify or distribute the Software. However, any licenses that it may
have granted prior to termination of the Agreement shall remain valid subject
to their having been granted in compliance with the terms and conditions hereof.
Article 11 - MISCELLANEOUS
11.1 EXCUSABLE EVENTS
Neither Party shall be liable for any or all delay, or failure to perform the Agreement, that may be attributable to an event of force majeure, an act of God or an outside cause, such as defective functioning or interruptions of the electricity or telecommunications networks, network paralysis following a virus attack, intervention by government authorities, natural disasters, water damage, earthquakes, fire, explosions, strikes and labor unrest, war, etc.
11.2 Any failure by either Party, on one or more occasions, to invoke one or more of the provisions hereof, shall under no circumstances be interpreted as being a waiver by the interested Party of its right to invoke said provision(s) subsequently.
11.3 The Agreement cancels and replaces any or all previous agreements, whether written or oral, between the Parties and having the same purpose, and constitutes the entirety of the agreement between said Parties concerning said purpose. No supplement or modification to the terms and conditions hereof shall be effective as between the Parties unless it is made in writing and signed by their duly authorized representatives.
11.4 In the event that one or more of the provisions hereof were to conflict with a current or future applicable act or legislative text, said act or legislative text shall prevail, and the Parties shall make the necessary amendments so as to comply with said act or legislative text. All other provisions shall remain effective. Similarly, invalidity of a provision of the Agreement, for any reason whatsoever, shall not cause the Agreement as a whole to be invalid.
Neither Party shall be liable for any or all delay, or failure to perform
the Agreement, that may be attributable to an event of force majeure, an act
of God or an outside cause, such as defective functioning or interruptions
of the electricity or telecommunications networks, network paralysis following
a virus attack, intervention by government authorities, natural disasters,
water damage, earthquakes, fire, explosions, strikes and labor unrest, war,
etc.
11.2 Any failure by either Party, on one or more occasions, to invoke one
or more of the provisions hereof, shall under no circumstances be interpreted
as being a waiver by the interested Party of its right to invoke said provision(s)
subsequently.
11.3 The Agreement cancels and replaces any or all previous agreements, whether
written or oral, between the Parties and having the same purpose, and constitutes
the entirety of the agreement between said Parties concerning said purpose.
No supplement or modification to the terms and conditions hereof shall be
effective as between the Parties unless it is made in writing and signed by
their duly authorized representatives.
11.4 In the event that one or more of the provisions hereof were to conflict
with a current or future applicable act or legislative text, said act or legislative
text shall prevail, and the Parties shall make the necessary amendments so
as to comply with said act or legislative text. All other provisions shall
remain effective. Similarly, invalidity of a provision of the Agreement, for
any reason whatsoever, shall not cause the Agreement as a whole to be invalid.
11.5 LANGUAGE
The Agreement is drafted in both French and English and both versions are deemed authentic.
The Agreement is drafted in both French and English and both versions are
deemed authentic.
Article 12 - NEW VERSIONS OF THE AGREEMENT
12.1 Any person is authorized to duplicate and distribute copies of this Agreement.
12.2 So as to ensure coherence, the wording of this Agreement is protected and may only be modified by the authors of the License, who reserve the right to periodically publish updates or new versions of the Agreement, each with a separate number. These subsequent versions may address new issues encountered by Free Software.
12.3 Any Software distributed under a given version of the Agreement may only be subsequently distributed under the same version of the Agreement or a subsequent version.
12.2 So as to ensure coherence, the wording of this Agreement is protected
and may only be modified by the authors of the License, who reserve the right
to periodically publish updates or new versions of the Agreement, each with
a separate number. These subsequent versions may address new issues encountered
by Free Software.
12.3 Any Software distributed under a given version of the Agreement may only
be subsequently distributed under the same version of the Agreement or a subsequent
version.
Article 13 - GOVERNING LAW AND JURISDICTION
13.1 The Agreement is governed by French law. The Parties agree to endeavor to seek an amicable solution to any disagreements or disputes that may arise during the performance of the Agreement.
13.2 Failing an amicable solution within two (2) months as from their occurrence, and unless emergency proceedings are necessary, the disagreements or disputes shall be referred to the Paris Courts having jurisdiction, by the more diligent Party.
Version 1.0 dated 2006-09-05. 1 CeCILL stands for Ce(a) C(nrs) I(nria) L(ogiciel) L(ibre)
13.1 The Agreement is governed by French law. The Parties agree to endeavor
to seek an amicable solution to any disagreements or disputes that may arise
during the performance of the Agreement.
13.2 Failing an amicable solution within two (2) months as from their occurrence,
and unless emergency proceedings are necessary, the disagreements or disputes
shall be referred to the Paris Courts having jurisdiction, by the more diligent
Party.
Version 1.0 dated 2006-09-05. 1 CeCILL stands for Ce(a) C(nrs) I(nria) L(ogiciel)
L(ibre)

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Summary:
This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2 as published by the Free Software Foundation; see file GNU-GPL.
This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA.
Note:
This copyright does NOT cover user programs that run in CLISP and third-party packages not part of CLISP, if a) They only reference external symbols in CLISP's public packages that define API also provided by many other Common Lisp implementations (namely the packages COMMON-LISP, COMMON-LISP-USER, KEYWORD, CLOS, GRAY, EXT), i.e. if they don't rely on CLISP internals and would as well run in any other Common Lisp implementation. Or b) They only reference external symbols in CLISP's public packages that define API also provided by many other Common Lisp implementations (namely the packages COMMON-LISP, COMMON-LISP-USER, KEYWORD, CLOS, GRAY, EXT) and some external, not CLISP specific, symbols in third-party packages that are released with source code under a GPL compatible license and that run in a great number of Common Lisp implementations, i.e. if they rely on CLISP internals only to the extent needed for gaining some functionality also available in a great number of Common Lisp implementations. Such user programs are not covered by the term """"derived work"""" used in the GNU GPL. Neither is their compiled code, i.e. the result of compiling them by use of the function COMPILE-FILE. We refer to such user programs as """"independent work"""".
You may copy and distribute memory image files generated by the function SAVEINITMEM, if it was generated only from CLISP and independent work, and provided that you accompany them, in the sense of section 3 of the GNU GPL, with the source code of CLISP - precisely the same CLISP version that was used to build the memory image -, the source or compiled code of the user programs needed to rebuild the memory image (source code for all the parts that are not independent work, see above), and a precise description how to rebuild the memory image from these.
Foreign non-Lisp code that is linked with CLISP or loaded into CLISP through dynamic linking is not exempted from this copyright. I.e. such code, when distributed for use with CLISP, must be distributed under the GPL.

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1. This LICENSE AGREEMENT is between the Corporation for National Research Initiatives, having an office at 1895 Preston White Drive, Reston, VA 20191 ("CNRI"), and the Individual or Organization ("Licensee") accessing and using JPython version 1.1.x in source or binary form and its associated documentation as provided herein ("Software").
2. Subject to the terms and conditions of this License Agreement, CNRI hereby grants Licensee a non-exclusive, non-transferable, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use the Software alone or in any derivative version, provided, however, that CNRI's License Agreement and CNRI's notice of copyright, i.e., "Copyright (c) 1996-1999 Corporation for National Research Initiatives; All Rights Reserved" are both retained in the Software, alone or in any derivative version prepared by Licensee.
Alternatively, in lieu of CNRI's License Agreement, Licensee may substitute the following text (omitting the quotes), provided, however, that such text is displayed prominently in the Software alone or in any derivative version prepared by Licensee: "JPython (Version 1.1.x) is made available subject to the terms and conditions in CNRI's License Agreement. This Agreement may be located on the Internet using the following unique, persistent identifier (known as a handle): 1895.22/1006. The License may also be obtained from a proxy server on the Web using the following URL: http://hdl.handle.net/1895.22/1006."
3. In the event Licensee prepares a derivative work that is based on or incorporates the Software or any part thereof, and wants to make the derivative work available to the public as provided herein, then Licensee hereby agrees to indicate in any such work, in a prominently visible way, the nature of the modifications made to CNRI's Software.
4. Licensee may not use CNRI trademarks or trade name, including JPython or CNRI, in a trademark sense to endorse or promote products or services of Licensee, or any third party. Licensee may use the mark JPython in connection with Licensee's derivative versions that are based on or incorporate the Software, but only in the form "JPython-based ___________________," or equivalent.
5. CNRI is making the Software available to Licensee on an "AS IS" basis. CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
6. CNRI SHALL NOT BE LIABLE TO LICENSEE OR OTHER USERS OF THE SOFTWARE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO THE ABOVE DISCLAIMER MAY NOT APPLY TO LICENSEE.
7. This License Agreement may be terminated by CNRI (i) immediately upon written notice from CNRI of any material breach by the Licensee, if the nature of the breach is such that it cannot be promptly remedied; or (ii) sixty (60) days following notice from CNRI to Licensee of a material remediable breach, if Licensee has not remedied such breach within that sixty-day period.
8. This License Agreement shall be governed by and interpreted in all respects by the law of the State of Virginia, excluding conflict of law provisions. Nothing in this Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between CNRI and Licensee.
9. By clicking on the "ACCEPT" button where indicated, or by installing, copying or otherwise using the Software, Licensee agrees to be bound by the terms and conditions of this License Agreement.
1. This LICENSE AGREEMENT is between the Corporation for National Research
Initiatives, having an office at 1895 Preston White Drive, Reston, VA 20191
("CNRI"), and the Individual or Organization ("Licensee") accessing and using
JPython version 1.1.x in source or binary form and its associated documentation
as provided herein ("Software").
2. Subject to the terms and conditions of this License Agreement, CNRI hereby
grants Licensee a non-exclusive, non-transferable, royalty-free, world-wide
license to reproduce, analyze, test, perform and/or display publicly, prepare
derivative works, distribute, and otherwise use the Software alone or in any
derivative version, provided, however, that CNRI's License Agreement and CNRI's
notice of copyright, i.e., "Copyright (c) 1996-1999 Corporation for National
Research Initiatives; All Rights Reserved" are both retained in the Software,
alone or in any derivative version prepared by Licensee.
Alternatively, in lieu of CNRI's License Agreement, Licensee may substitute
the following text (omitting the quotes), provided, however, that such text
is displayed prominently in the Software alone or in any derivative version
prepared by Licensee: "JPython (Version 1.1.x) is made available subject to
the terms and conditions in CNRI's License Agreement. This Agreement may be
located on the Internet using the following unique, persistent identifier
(known as a handle): 1895.22/1006. The License may also be obtained from a
proxy server on the Web using the following URL: http://hdl.handle.net/1895.22/1006."
3. In the event Licensee prepares a derivative work that is based on or incorporates
the Software or any part thereof, and wants to make the derivative work available
to the public as provided herein, then Licensee hereby agrees to indicate
in any such work, in a prominently visible way, the nature of the modifications
made to CNRI's Software.
4. Licensee may not use CNRI trademarks or trade name, including JPython or
CNRI, in a trademark sense to endorse or promote products or services of Licensee,
or any third party. Licensee may use the mark JPython in connection with Licensee's
derivative versions that are based on or incorporate the Software, but only
in the form "JPython-based ___________________," or equivalent.
5. CNRI is making the Software available to Licensee on an "AS IS" basis.
CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF
EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND DISCLAIMS ANY REPRESENTATION
OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT
THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
6. CNRI SHALL NOT BE LIABLE TO LICENSEE OR OTHER USERS OF THE SOFTWARE FOR
ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF USING,
MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVE THEREOF, EVEN IF
ADVISED OF THE POSSIBILITY THEREOF. SOME STATES DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY SO THE ABOVE DISCLAIMER MAY NOT APPLY TO LICENSEE.
7. This License Agreement may be terminated by CNRI (i) immediately upon written
notice from CNRI of any material breach by the Licensee, if the nature of
the breach is such that it cannot be promptly remedied; or (ii) sixty (60)
days following notice from CNRI to Licensee of a material remediable breach,
if Licensee has not remedied such breach within that sixty-day period.
8. This License Agreement shall be governed by and interpreted in all respects
by the law of the State of Virginia, excluding conflict of law provisions.
Nothing in this Agreement shall be deemed to create any relationship of agency,
partnership, or joint venture between CNRI and Licensee.
9. By clicking on the "ACCEPT" button where indicated, or by installing, copying
or otherwise using the Software, Licensee agrees to be bound by the terms
and conditions of this License Agreement.

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@ -1,13 +1,61 @@
CNRI OPEN SOURCE LICENSE AGREEMENT
IMPORTANT: PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY.
BY CLICKING ON "ACCEPT" WHERE INDICATED BELOW, OR BY COPYING, INSTALLING OR OTHERWISE USING PYTHON 1.6, beta 1 SOFTWARE, YOU ARE DEEMED TO HAVE AGREED TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
1. This LICENSE AGREEMENT is between the Corporation for National Research Initiatives, having an office at 1895 Preston White Drive, Reston, VA 20191 ("CNRI"), and the Individual or Organization ("Licensee") accessing and otherwise using Python 1.6, beta 1 software in source or binary form and its associated documentation, as released at the www.python.org Internet site on August 4, 2000 ("Python 1.6b1").
2. Subject to the terms and conditions of this License Agreement, CNRI hereby grants Licensee a non-exclusive, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use Python 1.6b1 alone or in any derivative version, provided, however, that CNRIs License Agreement is retained in Python 1.6b1, alone or in any derivative version prepared by Licensee.
Alternately, in lieu of CNRIs License Agreement, Licensee may substitute the following text (omitting the quotes): "Python 1.6, beta 1, is made available subject to the terms and conditions in CNRIs License Agreement. This Agreement may be located on the Internet using the following unique, persistent identifier (known as a handle): 1895.22/1011. This Agreement may also be obtained from a proxy server on the Internet using the URL:http://hdl.handle.net/1895.22/1011".
3. In the event Licensee prepares a derivative work that is based on or incorporates Python 1.6b1 or any part thereof, and wants to make the derivative work available to the public as provided herein, then Licensee hereby agrees to indicate in any such work the nature of the modifications made to Python 1.6b1.
4. CNRI is making Python 1.6b1 available to Licensee on an "AS IS" basis. CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON 1.6b1 WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
5. CNRI SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF THE SOFTWARE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF USING, MODIFYING OR DISTRIBUTING PYTHON 1.6b1, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
6. This License Agreement will automatically terminate upon a material breach of its terms and conditions.
7. This License Agreement shall be governed by and interpreted in all respects by the law of the State of Virginia, excluding conflict of law provisions. Nothing in this License Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between CNRI and Licensee. This License Agreement does not grant permission to use CNRI trademarks or trade name in a trademark sense to endorse or promote products or services of Licensee, or any third party.
8. By clicking on the "ACCEPT" button where indicated, or by copying, installing or otherwise using Python 1.6b1, Licensee agrees to be bound by the terms and conditions of this License Agreement.
BY CLICKING ON "ACCEPT" WHERE INDICATED BELOW, OR BY COPYING, INSTALLING OR
OTHERWISE USING PYTHON 1.6, beta 1 SOFTWARE, YOU ARE DEEMED TO HAVE AGREED
TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
1. This LICENSE AGREEMENT is between the Corporation for National Research
Initiatives, having an office at 1895 Preston White Drive, Reston, VA 20191
("CNRI"), and the Individual or Organization ("Licensee") accessing and otherwise
using Python 1.6, beta 1 software in source or binary form and its associated
documentation, as released at the www.python.org Internet site on August 4,
2000 ("Python 1.6b1").
2. Subject to the terms and conditions of this License Agreement, CNRI hereby
grants Licensee a non-exclusive, royalty-free, world-wide license to reproduce,
analyze, test, perform and/or display publicly, prepare derivative works,
distribute, and otherwise use Python 1.6b1 alone or in any derivative version,
provided, however, that CNRIs License Agreement is retained in Python 1.6b1,
alone or in any derivative version prepared by Licensee.
Alternately, in lieu of CNRIs License Agreement, Licensee may substitute the
following text (omitting the quotes): "Python 1.6, beta 1, is made available
subject to the terms and conditions in CNRIs License Agreement. This Agreement
may be located on the Internet using the following unique, persistent identifier
(known as a handle): 1895.22/1011. This Agreement may also be obtained from
a proxy server on the Internet using the URL:http://hdl.handle.net/1895.22/1011".
3. In the event Licensee prepares a derivative work that is based on or incorporates
Python 1.6b1 or any part thereof, and wants to make the derivative work available
to the public as provided herein, then Licensee hereby agrees to indicate
in any such work the nature of the modifications made to Python 1.6b1.
4. CNRI is making Python 1.6b1 available to Licensee on an "AS IS" basis.
CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF
EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND DISCLAIMS ANY REPRESENTATION
OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT
THE USE OF PYTHON 1.6b1 WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
5. CNRI SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF THE SOFTWARE
FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT
OF USING, MODIFYING OR DISTRIBUTING PYTHON 1.6b1, OR ANY DERIVATIVE THEREOF,
EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
6. This License Agreement will automatically terminate upon a material breach
of its terms and conditions.
7. This License Agreement shall be governed by and interpreted in all respects
by the law of the State of Virginia, excluding conflict of law provisions.
Nothing in this License Agreement shall be deemed to create any relationship
of agency, partnership, or joint venture between CNRI and Licensee. This License
Agreement does not grant permission to use CNRI trademarks or trade name in
a trademark sense to endorse or promote products or services of Licensee,
or any third party.
8. By clicking on the "ACCEPT" button where indicated, or by copying, installing
or otherwise using Python 1.6b1, Licensee agrees to be bound by the terms
and conditions of this License Agreement.
ACCEPT

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@ -1,11 +1,65 @@
CNRI OPEN SOURCE GPL-COMPATIBLE LICENSE AGREEMENT
IMPORTANT: PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY.
BY CLICKING ON "ACCEPT" WHERE INDICATED BELOW, OR BY COPYING, INSTALLING OR OTHERWISE USING PYTHON 1.6.1 SOFTWARE, YOU ARE DEEMED TO HAVE AGREED TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
1. This LICENSE AGREEMENT is between the Corporation for National Research Initiatives, having an office at 1895 Preston White Drive, Reston, VA 20191 ("CNRI"), and the Individual or Organization ("Licensee") accessing and otherwise using Python 1.6.1 software in source or binary form and its associated documentation.
2. Subject to the terms and conditions of this License Agreement, CNRI hereby grants Licensee a nonexclusive, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use Python 1.6.1 alone or in any derivative version, provided, however, that CNRI's License Agreement and CNRI's notice of copyright, i.e., "Copyright © 1995-2001 Corporation for National Research Initiatives; All Rights Reserved" are retained in Python 1.6.1 alone or in any derivative version prepared by Licensee. Alternately, in lieu of CNRI's License Agreement, Licensee may substitute the following text (omitting the quotes): "Python 1.6.1 is made available subject to the terms and conditions in CNRI's License Agreement. This Agreement together with Python 1.6.1 may be located on the Internet using the following unique, persistent identifier (known as a handle): 1895.22/1013. This Agreement may also be obtained from a proxy server on the Internet using the following URL: http://hdl.handle.net/1895.22/1013".
3. In the event Licensee prepares a derivative work that is based on or incorporates Python 1.6.1 or any part thereof, and wants to make the derivative work available to others as provided herein, then Licensee hereby agrees to include in any such work a brief summary of the changes made to Python 1.6.1.
4. CNRI is making Python 1.6.1 available to Licensee on an "AS IS" basis. CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON 1.6.1 WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
5. CNRI SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON 1.6.1 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON 1.6.1, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
6. This License Agreement will automatically terminate upon a material breach of its terms and conditions.
7. This License Agreement shall be governed by the federal intellectual property law of the United States, including without limitation the federal copyright law, and, to the extent such U.S. federal law does not apply, by the law of the Commonwealth of Virginia, excluding Virginia's conflict of law provisions. Notwithstanding the foregoing, with regard to derivative works based on Python 1.6.1 that incorporate non-separable material that was previously distributed under the GNU General Public License (GPL), the law of the Commonwealth of Virginia shall govern this License Agreement only as to issues arising under or with respect to Paragraphs 4, 5, and 7 of this License Agreement. Nothing in this License Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between CNRI and Licensee. This License Agreement does not grant permission to use CNRI trademarks or trade name in a trademark sense to endorse or promote products or services of Licensee, or any third party.
8. By clicking on the "ACCEPT" button where indicated, or by copying, installing or otherwise using Python 1.6.1, Licensee agrees to be bound by the terms and conditions of this License Agreement. ACCEPT
BY CLICKING ON "ACCEPT" WHERE INDICATED BELOW, OR BY COPYING, INSTALLING OR
OTHERWISE USING PYTHON 1.6.1 SOFTWARE, YOU ARE DEEMED TO HAVE AGREED TO THE
TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
1. This LICENSE AGREEMENT is between the Corporation for National Research
Initiatives, having an office at 1895 Preston White Drive, Reston, VA 20191
("CNRI"), and the Individual or Organization ("Licensee") accessing and otherwise
using Python 1.6.1 software in source or binary form and its associated documentation.
2. Subject to the terms and conditions of this License Agreement, CNRI hereby
grants Licensee a nonexclusive, royalty-free, world-wide license to reproduce,
analyze, test, perform and/or display publicly, prepare derivative works,
distribute, and otherwise use Python 1.6.1 alone or in any derivative version,
provided, however, that CNRI's License Agreement and CNRI's notice of copyright,
i.e., "Copyright © 1995-2001 Corporation for National Research Initiatives;
All Rights Reserved" are retained in Python 1.6.1 alone or in any derivative
version prepared by Licensee. Alternately, in lieu of CNRI's License Agreement,
Licensee may substitute the following text (omitting the quotes): "Python
1.6.1 is made available subject to the terms and conditions in CNRI's License
Agreement. This Agreement together with Python 1.6.1 may be located on the
Internet using the following unique, persistent identifier (known as a handle):
1895.22/1013. This Agreement may also be obtained from a proxy server on the
Internet using the following URL: http://hdl.handle.net/1895.22/1013".
3. In the event Licensee prepares a derivative work that is based on or incorporates
Python 1.6.1 or any part thereof, and wants to make the derivative work available
to others as provided herein, then Licensee hereby agrees to include in any
such work a brief summary of the changes made to Python 1.6.1.
4. CNRI is making Python 1.6.1 available to Licensee on an "AS IS" basis.
CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF
EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND DISCLAIMS ANY REPRESENTATION
OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT
THE USE OF PYTHON 1.6.1 WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
5. CNRI SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON 1.6.1
FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT
OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON 1.6.1, OR ANY DERIVATIVE
THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
6. This License Agreement will automatically terminate upon a material breach
of its terms and conditions.
7. This License Agreement shall be governed by the federal intellectual property
law of the United States, including without limitation the federal copyright
law, and, to the extent such U.S. federal law does not apply, by the law of
the Commonwealth of Virginia, excluding Virginia's conflict of law provisions.
Notwithstanding the foregoing, with regard to derivative works based on Python
1.6.1 that incorporate non-separable material that was previously distributed
under the GNU General Public License (GPL), the law of the Commonwealth of
Virginia shall govern this License Agreement only as to issues arising under
or with respect to Paragraphs 4, 5, and 7 of this License Agreement. Nothing
in this License Agreement shall be deemed to create any relationship of agency,
partnership, or joint venture between CNRI and Licensee. This License Agreement
does not grant permission to use CNRI trademarks or trade name in a trademark
sense to endorse or promote products or services of Licensee, or any third
party.
8. By clicking on the "ACCEPT" button where indicated, or by copying, installing
or otherwise using Python 1.6.1, Licensee agrees to be bound by the terms
and conditions of this License Agreement. ACCEPT

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