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| author | Mattias Andrée <m@maandree.se> | 2025-02-09 17:39:08 +0100 |
|---|---|---|
| committer | Mattias Andrée <m@maandree.se> | 2025-02-09 17:39:08 +0100 |
| commit | 126f2c00b513d9c9d3057b222d8956cd6d373b92 (patch) | |
| tree | 0eb7b26299d4c7e9f002ad8ccaf7581ce5c4c331 | |
| parent | Format text (diff) | |
| download | licenses-126f2c00b513d9c9d3057b222d8956cd6d373b92.tar.gz licenses-126f2c00b513d9c9d3057b222d8956cd6d373b92.tar.bz2 licenses-126f2c00b513d9c9d3057b222d8956cd6d373b92.tar.xz | |
Format text
Signed-off-by: Mattias Andrée <m@maandree.se>
| -rw-r--r-- | common/CATOSL1.1 | 328 | ||||
| -rw-r--r-- | common/CDDL | 272 | ||||
| -rw-r--r-- | common/CPAL | 528 | ||||
| -rw-r--r-- | common/Motosoto | 370 |
4 files changed, 1222 insertions, 276 deletions
diff --git a/common/CATOSL1.1 b/common/CATOSL1.1 index d35965b..28f7dd6 100644 --- a/common/CATOSL1.1 +++ b/common/CATOSL1.1 @@ -2,29 +2,58 @@ 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. +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. +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. +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. +1.1 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. +1.2 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. +1.3 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. +1.4 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. +1.5 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. +1.6 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. @@ -32,82 +61,273 @@ The provisions that follow set forth the terms and conditions under which you ma 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. +2.1 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. -2.2 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. +3. DISTRIBUTION REQUIREMENTS -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. +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: -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. + it complies with the terms and conditions of this License; and -3. DISTRIBUTION REQUIREMENTS + its license agreement: -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: + 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; -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. -3.2 When the Program is made available in source code form: + 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; -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. + states that any provisions which are inconsistent with this License are + offered by that Contributor alone and not by any other party; and -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. + 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. -3.5 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. +3.2 When the Program is made available in source code form: -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. + 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. 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. +7.1 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. +7.2 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. diff --git a/common/CDDL b/common/CDDL index fcf1fb5..e070429 100644 --- a/common/CDDL +++ b/common/CDDL @@ -2,128 +2,306 @@ 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. +1.1. “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. +1.2. “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. +1.3. “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. +1.5. “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. +1.6. “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. +1.8. “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: +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; + 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 + 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. + 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. +1.10. “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. +1.11. “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. +1.12. “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. +1.13. “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: +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 + (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). + (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. + (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. + (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. diff --git a/common/CPAL b/common/CPAL index f98c617..984a63d 100644 --- a/common/CPAL +++ b/common/CPAL @@ -3,199 +3,511 @@ Common Public Attribution License Version 1.0 (CPAL-1.0) 1. “Definitions” -1.0.1 “Commercial Use” means distribution or otherwise making the Covered Code available to a third party. +1.0.1 “Commercial Use” means distribution or otherwise making the Covered Code + available to a third party. -1.1 “Contributor” means each entity that creates or contributes to the creation of Modifications. +1.1 “Contributor” means each entity that creates or contributes to the + creation of Modifications. -1.2 “Contributor Version” means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor. +1.2 “Contributor Version” means the combination of the Original Code, prior + Modifications used by a Contributor, and the Modifications made by that + particular Contributor. -1.3 “Covered Code” means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof. +1.3 “Covered Code” means the Original Code or Modifications or the combination + of the Original Code and Modifications, in each case including portions + thereof. -1.4 “Electronic Distribution Mechanism” means a mechanism generally accepted in the software development community for the electronic transfer of data. +1.4 “Electronic Distribution Mechanism” means a mechanism generally accepted + in the software development community for the electronic transfer of data. 1.5 “Executable” means Covered Code in any form other than Source Code. -1.6 “Initial Developer” means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A. +1.6 “Initial Developer” means the individual or entity identified as the + Initial Developer in the Source Code notice required by Exhibit A. -1.7 “Larger Work” means a work which combines Covered Code or portions thereof with code not governed by the terms of this License. +1.7 “Larger Work” means a work which combines Covered Code or portions + thereof with code not governed by the terms of this License. 1.8 “License” means this document. - 1.8.1 “Licensable” means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein. - -1.9 “Modifications” means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is: - - A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications. - - B. Any new file that contains any part of the Original Code or previous Modifications. - -1.10 “Original Code” means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License. - - 1.10.1 “Patent Claims” means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor. - -1.11 “Source Code” means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor’s choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge. - -1.12 “You” (or “Your”) means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, “You” includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, “control” means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity. + 1.8.1 “Licensable” means having the right to grant, to the maximum extent + possible, whether at the time of the initial grant or subsequently + acquired, any and all of the rights conveyed herein. + +1.9 “Modifications” means any addition to or deletion from the substance or + structure of either the Original Code or any previous Modifications. When + Covered Code is released as a series of files, a Modification is: + + A. Any addition to or deletion from the contents of a file containing + Original Code or previous Modifications. + + B. Any new file that contains any part of the Original Code or previous + Modifications. + +1.10 “Original Code” means Source Code of computer software code which is + described in the Source Code notice required by Exhibit A as Original + Code, and which, at the time of its release under this License is not + already Covered Code governed by this License. + + 1.10.1 “Patent Claims” means any patent claim(s), now owned or hereafter + acquired, including without limitation, method, process, and apparatus + claims, in any patent Licensable by grantor. + +1.11 “Source Code” means the preferred form of the Covered Code for making + modifications to it, including all modules it contains, plus any + associated interface definition files, scripts used to control compilation + and installation of an Executable, or source code differential comparisons + against either the Original Code or another well known, available Covered + Code of the Contributor’s choice. The Source Code can be in a compressed + or archival form, provided the appropriate decompression or de-archiving + software is widely available for no charge. + +1.12 “You” (or “Your”) means an individual or a legal entity exercising rights + under, and complying with all of the terms of, this License or a future + version of this License issued under Section 6.1. For legal entities, “You” + includes any entity which controls, is controlled by, or is under common + control with You. For purposes of this definition, “control” means (a) + the power, direct or indirect, to cause the direction or management of + such entity, whether by contract or otherwise, or (b) ownership of more + than fifty percent (50%) of the outstanding shares or beneficial ownership + of such entity. 2. Source Code License. -2.1 The Initial Developer Grant. -The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims: - - (a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and - - (b) under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof). - - (c) the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License. - - (d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices. - -2.2 Contributor Grant. -Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license - - (a) under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and - - (b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination). - - (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial Use of the Covered Code. - - (d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor. +2.1 The Initial Developer Grant. +The Initial Developer hereby grants You a world-wide, royalty-free, +non-exclusive license, subject to third party intellectual property claims: + + (a) under intellectual property rights (other than patent or trademark) + Licensable by Initial Developer to use, reproduce, modify, display, perform, + sublicense and distribute the Original Code (or portions thereof) with or + without Modifications, and/or as part of a Larger Work; and + + (b) under Patents Claims infringed by the making, using or selling of Original + Code, to make, have made, use, practice, sell, and offer for sale, and/or + otherwise dispose of the Original Code (or portions thereof). + + (c) the licenses granted in this Section 2.1(a) and (b) are effective on the + date Initial Developer first distributes Original Code under the terms of this + License. + + (d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) + for code that You delete from the Original Code; 2) separate from the Original + Code; or 3) for infringements caused by: i) the modification of the Original + Code or ii) the combination of the Original Code with other software or devices. + +2.2 Contributor Grant. +Subject to third party intellectual property claims, each Contributor hereby +grants You a world-wide, royalty-free, non-exclusive license + + (a) under intellectual property rights (other than patent or trademark) + Licensable by Contributor, to use, reproduce, modify, display, perform, + sublicense and distribute the Modifications created by such Contributor + (or portions thereof) either on an unmodified basis, with other + Modifications, as Covered Code and/or as part of a Larger Work; and + + (b) under Patent Claims infringed by the making, using, or selling of + Modifications made by that Contributor either alone and/or in combination + with its Contributor Version (or portions of such combination), to make, + use, sell, offer for sale, have made, and/or otherwise dispose of: 1) + Modifications made by that Contributor (or portions thereof); and 2) the + combination of Modifications made by that Contributor with its + Contributor Version (or portions of such combination). + + (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the + date Contributor first makes Commercial Use of the Covered Code. + + (d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) + for any code that Contributor has deleted from the Contributor Version; + 2) separate from the Contributor Version; 3) for infringements caused + by: i) third party modifications of Contributor Version or ii) the + combination of Modifications made by that Contributor with other software + (except as part of the Contributor Version) or other devices; or 4) under + Patent Claims infringed by Covered Code in the absence of Modifications + made by that Contributor. 3. Distribution Obligations. -3.1 Application of License. -The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients’ rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5. - -3.2 Availability of Source Code. -Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party. - -3.3 Description of Modifications. -You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code. - -3.4 Intellectual Property Matters +3.1 Application of License. +The Modifications which You create or to which You contribute are governed by +the terms of this License, including without limitation Section 2.2. The Source +Code version of Covered Code may be distributed only under the terms of this +License or a future version of this License released under Section 6.1, and You +must include a copy of this License with every copy of the Source Code You +distribute. You may not offer or impose any terms on any Source Code version +that alters or restricts the applicable version of this License or the +recipients’ rights hereunder. However, You may include an additional document +offering the additional rights described in Section 3.5. + +3.2 Availability of Source Code. +Any Modification which You create or to which You contribute must be made +available in Source Code form under the terms of this License either on the +same media as an Executable version or via an accepted Electronic Distribution +Mechanism to anyone to whom you made an Executable version available; and if +made available via Electronic Distribution Mechanism, must remain available for +at least twelve (12) months after the date it initially became available, or at +least six (6) months after a subsequent version of that particular Modification +has been made available to such recipients. You are responsible for ensuring +that the Source Code version remains available even if the Electronic +Distribution Mechanism is maintained by a third party. + +3.3 Description of Modifications. +You must cause all Covered Code to which You contribute to contain a file +documenting the changes You made to create that Covered Code and the date of any +change. You must include a prominent statement that the Modification is derived, +directly or indirectly, from Original Code provided by the Initial Developer and +including the name of the Initial Developer in (a) the Source Code, and (b) in +any notice in an Executable version or related documentation in which You +describe the origin or ownership of the Covered Code. + +3.4 Intellectual Property Matters (a) Third Party Claims. -If Contributor has knowledge that a license under a third party’s intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled “LEGAL” which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained. - - (b) Contributor APIs. -If Contributor’s Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file. - - (c) Representations. -Contributor represents that, except as disclosed pursuant to Section 3.4(a) above, Contributor believes that Contributor’s Modifications are Contributor’s original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License. - -3.5 Required Notices. -You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients’ rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer. - -3.6 Distribution of Executable Versions. -You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients’ rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient’s rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer, Original Developer or any Contributor. You hereby agree to indemnify the Initial Developer, Original Developer and every Contributor for any liability incurred by the Initial Developer, Original Developer or such Contributor as a result of any such terms You offer. - -3.7 Larger Works. -You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code. +If Contributor has knowledge that a license under a third party’s intellectual +property rights is required to exercise the rights granted by such Contributor +under Sections 2.1 or 2.2, Contributor must include a text file with the Source +Code distribution titled “LEGAL” which describes the claim and the party making +the claim in sufficient detail that a recipient will know whom to contact. If +Contributor obtains such knowledge after the Modification is made available as +described in Section 3.2, Contributor shall promptly modify the LEGAL file in +all copies Contributor makes available thereafter and shall take other steps +(such as notifying appropriate mailing lists or newsgroups) reasonably +calculated to inform those who received the Covered Code that new knowledge has +been obtained. + + (b) Contributor APIs. +If Contributor’s Modifications include an application programming interface and +Contributor has knowledge of patent licenses which are reasonably necessary to +implement that API, Contributor must also include this information in the LEGAL +file. + + (c) Representations. +Contributor represents that, except as disclosed pursuant to Section 3.4(a) +above, Contributor believes that Contributor’s Modifications are Contributor’s +original creation(s) and/or Contributor has sufficient rights to grant the +rights conveyed by this License. + +3.5 Required Notices. +You must duplicate the notice in Exhibit A in each file of the Source Code. If +it is not possible to put such notice in a particular Source Code file due to +its structure, then You must include such notice in a location (such as a +relevant directory) where a user would be likely to look for such a notice. If +You created one or more Modification(s) You may add your name as a Contributor +to the notice described in Exhibit A. You must also duplicate this License in +any documentation for the Source Code where You describe recipients’ rights or +ownership rights relating to Covered Code. You may choose to offer, and to +charge a fee for, warranty, support, indemnity or liability obligations to one +or more recipients of Covered Code. However, You may do so only on Your own +behalf, and not on behalf of the Initial Developer or any Contributor. You must +make it absolutely clear than any such warranty, support, indemnity or liability +obligation is offered by You alone, and You hereby agree to indemnify the Initial +Developer and every Contributor for any liability incurred by the Initial +Developer or such Contributor as a result of warranty, support, indemnity or +liability terms You offer. + +3.6 Distribution of Executable Versions. +You may distribute Covered Code in Executable form only if the requirements of +Section 3.1-3.5 have been met for that Covered Code, and if You include a notice +stating that the Source Code version of the Covered Code is available under the +terms of this License, including a description of how and where You have +fulfilled the obligations of Section 3.2. The notice must be conspicuously +included in any notice in an Executable version, related documentation or +collateral in which You describe recipients’ rights relating to the Covered Code. +You may distribute the Executable version of Covered Code or ownership rights +under a license of Your choice, which may contain terms different from this +License, provided that You are in compliance with the terms of this License and +that the license for the Executable version does not attempt to limit or alter +the recipient’s rights in the Source Code version from the rights set forth in +this License. If You distribute the Executable version under a different license +You must make it absolutely clear that any terms which differ from this License +are offered by You alone, not by the Initial Developer, Original Developer or +any Contributor. You hereby agree to indemnify the Initial Developer, Original +Developer and every Contributor for any liability incurred by the Initial +Developer, Original Developer or such Contributor as a result of any such terms +You offer. + +3.7 Larger Works. +You may create a Larger Work by combining Covered Code with other code not +governed by the terms of this License and distribute the Larger Work as a single +product. In such a case, You must make sure the requirements of this License are +fulfilled for the Covered Code. 4. Inability to Comply Due to Statute or Regulation. -If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it. +If it is impossible for You to comply with any of the terms of this License with +respect to some or all of the Covered Code due to statute, judicial order, or +regulation then You must: (a) comply with the terms of this License to the +maximum extent possible; and (b) describe the limitations and the code they +affect. Such description must be included in the LEGAL file described in Section +3.4 and must be included with all distributions of the Source Code. Except to the +extent prohibited by statute or regulation, such description must be sufficiently +detailed for a recipient of ordinary skill to be able to understand it. 5. Application of this License. -This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code. +This License applies to code to which the Initial Developer has attached the +notice in Exhibit A and to related Covered Code. 6. Versions of the License. 6.1 New Versions. -Socialtext, Inc. (“Socialtext”) may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number. +Socialtext, Inc. (“Socialtext”) may publish revised and/or new versions of the +License from time to time. Each version will be given a distinguishing version +number. 6.2 Effect of New Versions. -Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Socialtext. No one other than Socialtext has the right to modify the terms applicable to Covered Code created under this License. +Once Covered Code has been published under a particular version of the License, +You may always continue to use it under the terms of that version. You may also +choose to use such Covered Code under the terms of any subsequent version of the +License published by Socialtext. No one other than Socialtext has the right to +modify the terms applicable to Covered Code created under this License. 6.3 Derivative Works. -If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must (a) rename Your license so that the phrases “Socialtext”, “CPAL” or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the CPAL. (Filling in the name of the Initial Developer, Original Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.) +If You create or use a modified version of this License (which you may only do +in order to apply it to code which is not already Covered Code governed by this +License), You must (a) rename Your license so that the phrases “Socialtext”, +“CPAL” or any confusingly similar phrase do not appear in your license (except +to note that your license differs from this License) and (b) otherwise make it +clear that Your version of the license contains terms which differ from the +CPAL. (Filling in the name of the Initial Developer, Original Developer, +Original Code or Contributor in the notice described in Exhibit A shall not of +themselves be deemed to be modifications of this License.) 7. DISCLAIMER OF WARRANTY. -COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER, ORIGINAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. +COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT +WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, +WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A +PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND +PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE +DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER, ORIGINAL DEVELOPER OR +ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR +CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS +LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS +DISCLAIMER. 8. TERMINATION. -8.1 This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive. - -8.2 If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against Initial Developer, Original Developer or a Contributor (the Initial Developer, Original Developer or Contributor against whom You file such action is referred to as “Participant”) alleging that: - - (a) such Participant’s Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above. - - (b) any software, hardware, or device, other than such Participant’s Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant. - -8.3 If You assert a patent infringement claim against Participant alleging that such Participant’s Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license. - -8.4 In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination. +8.1 This License and the rights granted hereunder will terminate +automatically if You fail to comply with terms herein and fail to cure such +breach within 30 days of becoming aware of the breach. All sublicenses to the +Covered Code which are properly granted shall survive any termination of this +License. Provisions which, by their nature, must remain in effect beyond the +termination of this License shall survive. + +8.2 If You initiate litigation by asserting a patent infringement claim +(excluding declatory judgment actions) against Initial Developer, Original +Developer or a Contributor (the Initial Developer, Original Developer or +Contributor against whom You file such action is referred to as “Participant”) +alleging that: + + (a) such Participant’s Contributor Version directly or indirectly infringes + any patent, then any and all rights granted by such Participant to You under + Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from + Participant terminate prospectively, unless if within 60 days after receipt of + notice You either: (i) agree in writing to pay Participant a mutually agreeable + reasonable royalty for Your past and future use of Modifications made by such + Participant, or (ii) withdraw Your litigation claim with respect to the + Contributor Version against such Participant. If within 60 days of notice, a + reasonable royalty and payment arrangement are not mutually agreed upon in + writing by the parties or the litigation claim is not withdrawn, the rights + granted by Participant to You under Sections 2.1 and/or 2.2 automatically + terminate at the expiration of the 60 day notice period specified above. + + (b) any software, hardware, or device, other than such Participant’s + Contributor Version, directly or indirectly infringes any patent, then any + rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are + revoked effective as of the date You first made, used, sold, distributed, or + had made, Modifications made by that Participant. + +8.3 If You assert a patent infringement claim against Participant alleging that +such Participant’s Contributor Version directly or indirectly infringes any +patent where such claim is resolved (such as by license or settlement) prior to +the initiation of patent infringement litigation, then the reasonable value of +the licenses granted by such Participant under Sections 2.1 or 2.2 shall be +taken into account in determining the amount or value of any payment or license. + +8.4 In the event of termination under Sections 8.1 or 8.2 above, all end user +license agreements (excluding distributors and resellers) which have been +validly granted by You or any distributor hereunder prior to termination shall +survive termination. 9. LIMITATION OF LIABILITY. -UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ORIGINAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. +UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING +NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ORIGINAL +DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY +SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, +SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, +WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER +FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN +IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS +LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL +INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENT APPLICABLE LAW +PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR +LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND +LIMITATION MAY NOT APPLY TO YOU. 10. U.S. GOVERNMENT END USERS. -The Covered Code is a “commercial item,” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein. +The Covered Code is a “commercial item,” as that term is defined in 48 C.F.R. +2.101 (Oct. 1995), consisting of “commercial computer software” and “commercial +computer software documentation,” as such terms are used in 48 C.F.R. 12.212 +(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through +227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with +only those rights set forth herein. 11. MISCELLANEOUS. -This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in the United States of America, any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys’ fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License. +This License represents the complete agreement concerning subject matter hereof. +If any provision of this License is held to be unenforceable, such provision +shall be reformed only to the extent necessary to make it enforceable. This +License shall be governed by California law provisions (except to the extent +applicable law, if any, provides otherwise), excluding its conflict-of-law +provisions. With respect to disputes in which at least one party is a citizen +of, or an entity chartered or registered to do business in the United States of +America, any litigation relating to this License shall be subject to the +jurisdiction of the Federal Courts of the Northern District of California, with +venue lying in Santa Clara County, California, with the losing party responsible +for costs, including without limitation, court costs and reasonable attorneys’ +fees and expenses. The application of the United Nations Convention on Contracts +for the International Sale of Goods is expressly excluded. Any law or regulation +which provides that the language of a contract shall be construed against the +drafter shall not apply to this License. 12. RESPONSIBILITY FOR CLAIMS. -As between Initial Developer, Original Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer, Original Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability. +As between Initial Developer, Original Developer and the Contributors, each +party is responsible for claims and damages arising, directly or indirectly, out +of its utilization of rights under this License and You agree to work with +Initial Developer, Original Developer and Contributors to distribute such +responsibility on an equitable basis. Nothing herein is intended or shall be +deemed to constitute any admission of liability. 13. MULTIPLE-LICENSED CODE. -Initial Developer may designate portions of the Covered Code as Multiple-Licensed. Multiple-Licensed means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the CPAL or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A. +Initial Developer may designate portions of the Covered Code as Multiple-Licensed. +Multiple-Licensed means that the Initial Developer permits you to utilize portions +of the Covered Code under Your choice of the CPAL or the alternative licenses, +if any, specified by the Initial Developer in the file described in Exhibit A. 14. ADDITIONAL TERM: ATTRIBUTION - (a) As a modest attribution to the organizer of the development of the Original Code (“Original Developer”), in the hope that its promotional value may help justify the time, money and effort invested in writing the Original Code, the Original Developer may include in Exhibit B (“Attribution Information”) a requirement that each time an Executable and Source Code or a Larger Work is launched or initially run (which includes initiating a session), a prominent display of the Original Developer’s Attribution Information (as defined below) must occur on the graphic user interface employed by the end user to access such Covered Code (which may include display on a splash screen), if any. The size of the graphic image should be consistent with the size of the other elements of the Attribution Information. If the access by the end user to the Executable and Source Code does not create a graphic user interface for access to the Covered Code, this obligation shall not apply. If the Original Code displays such Attribution Information in a particular form (such as in the form of a splash screen, notice at login, an “about” display, or dedicated attribution area on user interface screens), continued use of such form for that Attribution Information is one way of meeting this requirement for notice. - - (b) Attribution information may only include a copyright notice, a brief phrase, graphic image and a URL (“Attribution Information”) and is subject to the Attribution Limits as defined below. For these purposes, prominent shall mean display for sufficient duration to give reasonable notice to the user of the identity of the Original Developer and that if You include Attribution Information or similar information for other parties, You must ensure that the Attribution Information for the Original Developer shall be no less prominent than such Attribution Information or similar information for the other party. For greater certainty, the Original Developer may choose to specify in Exhibit B below that the above attribution requirement only applies to an Executable and Source Code resulting from the Original Code or any Modification, but not a Larger Work. The intent is to provide for reasonably modest attribution, therefore the Original Developer cannot require that You display, at any time, more than the following information as Attribution Information: (a) a copyright notice including the name of the Original Developer; (b) a word or one phrase (not exceeding 10 words); (c) one graphic image provided by the Original Developer; and (d) a URL (collectively, the “Attribution Limits”). - - (c) If Exhibit B does not include any Attribution Information, then there are no requirements for You to display any Attribution Information of the Original Developer. - - (d) You acknowledge that all trademarks, service marks and/or trade names contained within the Attribution Information distributed with the Covered Code are the exclusive property of their owners and may only be used with the permission of their owners, or under circumstances otherwise permitted by law or as expressly set out in this License. + (a) As a modest attribution to the organizer of the development of the + Original Code (“Original Developer”), in the hope that its promotional + value may help justify the time, money and effort invested in writing + the Original Code, the Original Developer may include in Exhibit B + (“Attribution Information”) a requirement that each time an Executable + and Source Code or a Larger Work is launched or initially run (which + includes initiating a session), a prominent display of the Original + Developer’s Attribution Information (as defined below) must occur on the + graphic user interface employed by the end user to access such Covered + Code (which may include display on a splash screen), if any. The size + of the graphic image should be consistent with the size of the other + elements of the Attribution Information. If the access by the end user + to the Executable and Source Code does not create a graphic user + interface for access to the Covered Code, this obligation shall not + apply. If the Original Code displays such Attribution Information in a + particular form (such as in the form of a splash screen, notice at login, + an “about” display, or dedicated attribution area on user interface + screens), continued use of such form for that Attribution Information is + one way of meeting this requirement for notice. + + (b) Attribution information may only include a copyright notice, a brief + phrase, graphic image and a URL (“Attribution Information”) and is + subject to the Attribution Limits as defined below. For these purposes, + prominent shall mean display for sufficient duration to give reasonable + notice to the user of the identity of the Original Developer and that if + You include Attribution Information or similar information for other + parties, You must ensure that the Attribution Information for the + Original Developer shall be no less prominent than such Attribution + Information or similar information for the other party. For greater + certainty, the Original Developer may choose to specify in Exhibit B + below that the above attribution requirement only applies to an + Executable and Source Code resulting from the Original Code or any + Modification, but not a Larger Work. The intent is to provide for + reasonably modest attribution, therefore the Original Developer cannot + require that You display, at any time, more than the following + information as Attribution Information: (a) a copyright notice including + the name of the Original Developer; (b) a word or one phrase (not + exceeding 10 words); (c) one graphic image provided by the Original + Developer; and (d) a URL (collectively, the “Attribution Limits”). + + (c) If Exhibit B does not include any Attribution Information, then there + are no requirements for You to display any Attribution Information of + the Original Developer. + + (d) You acknowledge that all trademarks, service marks and/or trade names + contained within the Attribution Information distributed with the + Covered Code are the exclusive property of their owners and may only be + used with the permission of their owners, or under circumstances + otherwise permitted by law or as expressly set out in this License. 15. ADDITIONAL TERM: NETWORK USE. -The term “External Deployment” means the use, distribution, or communication of the Original Code or Modifications in any way such that the Original Code or Modifications may be used by anyone other than You, whether those works are distributed or communicated to those persons or made available as an application intended for use over a network. As an express condition for the grants of license hereunder, You must treat any External Deployment by You of the Original Code or Modifications as a distribution under section 3.1 and make Source Code available under Section 3.2. +The term “External Deployment” means the use, distribution, or communication of +the Original Code or Modifications in any way such that the Original Code or +Modifications may be used by anyone other than You, whether those works are +distributed or communicated to those persons or made available as an application +intended for use over a network. As an express condition for the grants of +license hereunder, You must treat any External Deployment by You of the Original +Code or Modifications as a distribution under section 3.1 and make Source Code +available under Section 3.2. EXHIBIT A. Common Public Attribution License Version 1.0. -“The contents of this file are subject to the Common Public Attribution License Version 1.0 (the “License”); you may not use this file except in compliance with the License. You may obtain a copy of the License at _____________. The License is based on the Mozilla Public License Version 1.1 but Sections 14 and 15 have been added to cover use of software over a computer network and provide for limited attribution for the Original Developer. In addition, Exhibit A has been modified to be consistent with Exhibit B. -Software distributed under the License is distributed on an “AS IS” basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License. +“The contents of this file are subject to the Common Public Attribution License +Version 1.0 (the “License”); you may not use this file except in compliance with +the License. You may obtain a copy of the License at _____________. The License +is based on the Mozilla Public License Version 1.1 but Sections 14 and 15 have +been added to cover use of software over a computer network and provide for +limited attribution for the Original Developer. In addition, Exhibit A has been +modified to be consistent with Exhibit B. + +Software distributed under the License is distributed on an “AS IS” basis, +WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the +specific language governing rights and limitations under the License. The Original Code is______________________. -The Original Developer is not the Initial Developer and is __________. If left blank, the Original Developer is the Initial Developer. +The Original Developer is not the Initial Developer and is __________. If left +blank, the Original Developer is the Initial Developer. -The Initial Developer of the Original Code is ____________. All portions of the code written by ___________ are Copyright (c) _____. All Rights Reserved. +The Initial Developer of the Original Code is ____________. All portions of the +code written by ___________ are Copyright (c) _____. All Rights Reserved. Contributor ______________________. -Alternatively, the contents of this file may be used under the terms of the _____ license (the [___] License), in which case the provisions of [______] License are applicable instead of those above. +Alternatively, the contents of this file may be used under the terms of the +_____ license (the [___] License), in which case the provisions of [______] +License are applicable instead of those above. -If you wish to allow use of your version of this file only under the terms of the [____] License and not to allow others to use your version of this file under the CPAL, indicate your decision by deleting the provisions above and replace them with the notice and other provisions required by the [___] License. If you do not delete the provisions above, a recipient may use your version of this file under either the CPAL or the [___] License.” +If you wish to allow use of your version of this file only under the terms of +the [____] License and not to allow others to use your version of this file +under the CPAL, indicate your decision by deleting the provisions above and +replace them with the notice and other provisions required by the [___] License. +If you do not delete the provisions above, a recipient may use your version of +this file under either the CPAL or the [___] License.” -[NOTE: The text of this Exhibit A may differ slightly from the text of the notices in the Source Code files of the Original Code. You should use the text of this Exhibit A rather than the text found in the Original Code Source Code for Your Modifications.] +[NOTE: The text of this Exhibit A may differ slightly from the text of the +notices in the Source Code files of the Original Code. You should use the text +of this Exhibit A rather than the text found in the Original Code Source Code +for Your Modifications.] EXHIBIT B. Attribution Information @@ -207,4 +519,6 @@ Attribution URL: _______________________ Graphic Image as provided in the Covered Code, if any. -Display of Attribution Information is [required/not required] in Larger Works which are defined in the CPAL as a work which combines Covered Code or portions thereof with code not governed by the terms of the CPAL. +Display of Attribution Information is [required/not required] in Larger Works +which are defined in the CPAL as a work which combines Covered Code or portions +thereof with code not governed by the terms of the CPAL. diff --git a/common/Motosoto b/common/Motosoto index 67fd465..3f60622 100644 --- a/common/Motosoto +++ b/common/Motosoto @@ -1,110 +1,344 @@ MOTOSOTO OPEN SOURCE LICENSE - Version 0.9.1 (Motosoto) -This Motosoto Open Source License (the "License") applies to "Community Portal Server" and related software products as well as any updatesor maintenance releases of that software ("Motosoto Products") that are distributed by Motosoto.Com B.V. ("Licensor"). Any Motosoto Product licensed pursuant to this License is a "Licensed Product." Licensed Product, in its entirety, is protected by Dutch copyright law. This License identifies the terms under which you may use, copy, distribute or modify Licensed Product and has been submitted to the Open Software Initiative (OSI) for approval. +This Motosoto Open Source License (the "License") applies to "Community Portal +Server" and related software products as well as any updatesor maintenance +releases of that software ("Motosoto Products") that are distributed by +Motosoto.Com B.V. ("Licensor"). Any Motosoto Product licensed pursuant to this +License is a "Licensed Product." Licensed Product, in its entirety, is protected +by Dutch copyright law. This License identifies the terms under which you may +use, copy, distribute or modify Licensed Product and has been submitted to the +Open Software Initiative (OSI) for approval. Preamble -This Preamble is intended to describe, in plain English, the nature and scope of this License. However, this Preamble is not a part of this license. The legal effect of this License is dependent only upon the terms of the License and not this Preamble. This License complies with the Open Source Definition and has been approved by Open Source Initiative. Software distributed under this License may be marked as "OSI Certified Open Source Software." +This Preamble is intended to describe, in plain English, the nature and scope of +this License. However, this Preamble is not a part of this license. The legal +effect of this License is dependent only upon the terms of the License and not +this Preamble. This License complies with the Open Source Definition and has +been approved by Open Source Initiative. Software distributed under this License +may be marked as "OSI Certified Open Source Software." This License provides that: -1. You may use, sell or give away the Licensed Product, alone or as a component of an aggregate software distribution containing programs from several different sources. No royalty or other fee is required. - -2. Both Source Code and executable versions of the Licensed Product, including Modifications made by previous Contributors, are available for your use. (The terms "Licensed Product," "Modifications," "Contributors" and "Source Code" are defined in the License.) - -3. You are allowed to make Modifications to the Licensed Product, and you can create Derivative Works from it. (The term "Derivative Works" is defined in the License.) - -4. By accepting the Licensed Product under the provisions of this License, you agree that any Modifications you make to the Licensed Product and then distribute are governed by the provisions of this License. In particular, you must make the Source Code of your Modifications available to others. - -5. You may use the Licensed Product for any purpose, but the Licensor is not providing you any warranty whatsoever, nor is the Licensor accepting any liability in the event that the Licensed Product doesn't work properly or causes you any injury or damages. - -6. If you sublicense the Licensed Product or Derivative Works, you may charge fees for warranty or support, or for accepting indemnity or liability obligations to your customers. You cannot charge for the Source Code. - -7. If you assert any patent claims against the Licensor relating to the Licensed Product, or if you breach any terms of the License, your rights to the Licensed Product under this License automatically terminate. - -You may use this License to distribute your own Derivative Works, in which case the provisions of this License will apply to your Derivative Works just as they do to the original Licensed Product. - -Alternatively, you may distribute your Derivative Works under any other OSI-approved Open Source license, or under a proprietary license of your choice. If you use any license other than this License, however, you must continue to fulfill the requirements of this License (including the provisions relating to publishing the Source Code) for those portions of your Derivative Works that consist of the Licensed Product, including the files containing Modifications. - -New versions of this License may be published from time to time. You may choose to continue to use the license terms in this version of the License or those from the new version. However, only the Licensor has the right to change the License terms as they apply to the Licensed Product. This License relies on precise definitions for certain terms. Those terms are defined when they are first used, and the definitions are repeated for your convenience in a Glossary at the end of the License. +1. You may use, sell or give away the Licensed Product, alone or as a component +of an aggregate software distribution containing programs from several different +sources. No royalty or other fee is required. + +2. Both Source Code and executable versions of the Licensed Product, including +Modifications made by previous Contributors, are available for your use. (The +terms "Licensed Product," "Modifications," "Contributors" and "Source Code" are +defined in the License.) + +3. You are allowed to make Modifications to the Licensed Product, and you can +create Derivative Works from it. (The term "Derivative Works" is defined in the +License.) + +4. By accepting the Licensed Product under the provisions of this License, you +agree that any Modifications you make to the Licensed Product and then distribute +are governed by the provisions of this License. In particular, you must make the +Source Code of your Modifications available to others. + +5. You may use the Licensed Product for any purpose, but the Licensor is not +providing you any warranty whatsoever, nor is the Licensor accepting any +liability in the event that the Licensed Product doesn't work properly or causes +you any injury or damages. + +6. If you sublicense the Licensed Product or Derivative Works, you may charge +fees for warranty or support, or for accepting indemnity or liability obligations +to your customers. You cannot charge for the Source Code. + +7. If you assert any patent claims against the Licensor relating to the Licensed +Product, or if you breach any terms of the License, your rights to the Licensed +Product under this License automatically terminate. + +You may use this License to distribute your own Derivative Works, in which case +the provisions of this License will apply to your Derivative Works just as they +do to the original Licensed Product. + +Alternatively, you may distribute your Derivative Works under any other +OSI-approved Open Source license, or under a proprietary license of your choice. +If you use any license other than this License, however, you must continue to +fulfill the requirements of this License (including the provisions relating to +publishing the Source Code) for those portions of your Derivative Works that +consist of the Licensed Product, including the files containing Modifications. + +New versions of this License may be published from time to time. You may choose +to continue to use the license terms in this version of the License or those +from the new version. However, only the Licensor has the right to change the +License terms as they apply to the Licensed Product. This License relies on +precise definitions for certain terms. Those terms are defined when they are +first used, and the definitions are repeated for your convenience in a Glossary +at the end of the License. License Terms 1. Grant of License From Licensor. -Licensor hereby grants you a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to do the following: - -a. Use, reproduce, modify, display, perform, sublicense and distribute Licensed Product or portions thereof (including Modifications as hereinafter defined), in both Source Code or as an executable program. "Source Code" means the preferred form for making modifications to the Licensed Product, including all modules contained therein, plus any associated interface definition files, scripts used to control compilation and installation of an executable program, or a list of differential comparisons against the Source Code of the Licensed Product. - -b. Create Derivative Works (as that term is defined under Dutch copyright law) of Licensed Product by adding to or deleting from the substance or structure of said Licensed Product. - -c. Under claims of patents now or hereafter owned or controlled by Licensor, to make, use, sell, offer for sale, have made, and/or otherwise dispose of Licensed Product or portions thereof, but solely to the extent that any such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of Licensed Product or portions thereof or Derivative Works thereof. +Licensor hereby grants you a world-wide, royalty-free, non-exclusive license, +subject to third party intellectual property claims, to do the following: + + a. Use, reproduce, modify, display, perform, sublicense and distribute + Licensed Product or portions thereof (including Modifications as hereinafter + defined), in both Source Code or as an executable program. "Source Code" + means the preferred form for making modifications to the Licensed Product, + including all modules contained therein, plus any associated interface + definition files, scripts used to control compilation and installation of an + executable program, or a list of differential comparisons against the Source + Code of the Licensed Product. + + b. Create Derivative Works (as that term is defined under Dutch copyright law) + of Licensed Product by adding to or deleting from the substance or structure + of said Licensed Product. + + c. Under claims of patents now or hereafter owned or controlled by Licensor, + to make, use, sell, offer for sale, have made, and/or otherwise dispose of + Licensed Product or portions thereof, but solely to the extent that any such + claim is necessary to enable you to make, use, sell, offer for sale, have + made, and/or otherwise dispose of Licensed Product or portions thereof or + Derivative Works thereof. 2. Grant of License to Modifications From Contributor. -"Modifications" means any additions to or deletions from the substance or structure of (i) a file containing Licensed Product, or (ii) any new file that contains any part of Licensed Product. Hereinafter in this License, the term "Licensed Product" shall include all previous Modifications that you receive from any Contributor. By application of the provisions in Section 4(a) below, each person or entity who created or contributed to the creation of, and distributed, a Modification (a "Contributor") hereby grants you a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to do the following: - -a. Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by such Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as part of Derivative Works. - -b. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof or Derivative Works thereof. +"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. +Nothing in this License shall be deemed to grant any rights to trademarks, +copyrights, patents, trade secrets or any other intellectual property of Licensor +or any Contributor except as expressly stated herein. No patent license is +granted separate from the Licensed Product, for code that you delete from the +Licensed Product, or for combinations of the Licensed Product with other +software or hardware. No right is granted to the trademarks of Licensor or any +Contributor even if such marks are included in the Licensed Product. Nothing in +this License shall be interpreted to prohibit Licensor from licensing under +different terms from this License any code that Licensor otherwise would have a +right to license. 4. Your Obligations Regarding Distribution. -a. Application of This License to Your Modifications. As an express condition for your use of the Licensed Product, you hereby agree that any Modifications that you create or to which you contribute, and which you distribute, are governed by the terms of this License including, without limitation, Section 2. Any Modifications that you create or to which you contribute may be distributed only under the terms of this License or a future version of this License released under Section 7. You must include a copy of this License with every copy of the Modifications you distribute. You agree not to offer or impose any terms on any Source Code or executable version of the Licensed Product or Modifications that alter or restrict the applicable version of this License or the recipients' rights hereunder. However, you may include an additional document offering the additional rights described in Section 4(e). - -b. Availability of Source Code. You must make available, under the terms of this License, the Source Code of the Licensed Product and any Modifications that you distribute, either on the same media as you distribute any executable or other form of the Licensed Product, or via a mechanism generally accepted in the software development community for the electronic transfer of data (an "Electronic Distribution Mechanism"). The Source Code for any version of Licensed Product or Modifications that you distribute must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of said Licensed Product or Modifications has been made available. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party. - -c. Description of Modifications. You must cause any Modifications that you create or to which you contribute, and which you distribute, to contain a file documenting the additions, changes or deletions you made to create or contribute to those Modifications, and the dates of any such additions, changes or deletions. You must include a prominent statement that the Modifications are derived, directly or indirectly, from the Licensed Product and include the names of the Licensor and any Contributor to the Licensed Product in (i) the Source Code and (ii) in any notice displayed by a version of the Licensed Product you distribute or in related documentation in which you describe the origin or ownership of the Licensed Product. You may not modify or delete any preexisting copyright notices in the Licensed Product. - -d. Intellectual Property Matters. - -i. Third Party Claims. If you have knowledge that a license to a third party's intellectual property right is required to exercise the rights granted by this License, you must include a text file with the Source Code distribution titled "LEGAL" that describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after you make any Modifications available as described in Section 4(b), you shall promptly modify the LEGAL file in all copies you make available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Licensed Product from you that new knowledge has been obtained. - -ii. Contributor APIs. If your Modifications include an application programming interface ("API") and you have knowledge of patent licenses that are reasonably necessary to implement that API, you must also include this information in the LEGAL file. - -iii. Representations. You represent that, except as disclosed pursuant to 4(d)(i) above, you believe that any Modifications you distribute are your original creations and that you have sufficient rights to grant the rights conveyed by this License. - -e. Required Notices. You must duplicate this License in any documentation you provide along with the Source Code of any Modifications you create or to which you contribute, and which you distribute, wherever you describe recipients' rights relating to Licensed Product. You must duplicate the notice contained in Exhibit A (the "Notice") in each file of the Source Code of any copy you distribute of the Licensed Product. If you created a Modification, you may add your name as a Contributor to the Notice. If it is not possible to put the Notice in a particular Source Code file due to its structure, then you must include such Notice in a location (such as a relevant directory file) where a user would be likely to look for such a notice. You may choose to offer, and charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Licensed Product. However, you may do so only on your own behalf, and not on behalf of the Licensor or any Contributor. You must make it clear that any such warranty, support, indemnity or liability obligation is offered by you alone, and you hereby agree to indemnify the Licensor and every Contributor for any liability incurred by the Licensor or such Contributor as a result of warranty, support, indemnity or liability terms you offer. - -f. Distribution of Executable Versions. You may distribute Licensed Product as an executable program under a license of your choice that may contain terms different from this License provided (i) you have satisfied the requirements of Sections 4(a) through 4(e) for that distribution, (ii) you include a conspicuous notice in the executable version, related documentation and collateral materials stating that the Source Code version of the Licensed Product is available under the terms of this License, including a description of how and where you have fulfilled the obligations of Section 4(b), (iii) you retain all existing copyright notices in the Licensed Product, and (iv) you make it clear that any terms that differ from this License are offered by you alone, not by Licensor or any Contributor. You hereby agree to indemnify the Licensor and every Contributor for any liability incurred by Licensor or such Contributor as a result of any terms you offer. - -g. Distribution of Derivative Works. You may create Derivative Works (e.g., combinations of some or all of the Licensed Product with other code) and distribute the Derivative Works as products under any other license you select, with the proviso that the requirements of this License are fulfilled for those portions of the Derivative Works that consist of the Licensed Product or any Modifications thereto. + a. Application of This License to Your Modifications. As an express condition + for your use of the Licensed Product, you hereby agree that any Modifications + that you create or to which you contribute, and which you distribute, are + governed by the terms of this License including, without limitation, Section 2. + Any Modifications that you create or to which you contribute may be distributed + only under the terms of this License or a future version of this License + released under Section 7. You must include a copy of this License with every + copy of the Modifications you distribute. You agree not to offer or impose any + terms on any Source Code or executable version of the Licensed Product or + Modifications that alter or restrict the applicable version of this License or + the recipients' rights hereunder. However, you may include an additional + document offering the additional rights described in Section 4(e). + + b. Availability of Source Code. You must make available, under the terms of + this License, the Source Code of the Licensed Product and any Modifications + that you distribute, either on the same media as you distribute any executable + or other form of the Licensed Product, or via a mechanism generally accepted + in the software development community for the electronic transfer of data (an + "Electronic Distribution Mechanism"). The Source Code for any version of + Licensed Product or Modifications that you distribute must remain available + for at least twelve (12) months after the date it initially became available, + or at least six (6) months after a subsequent version of said Licensed Product + or Modifications has been made available. You are responsible for ensuring + that the Source Code version remains available even if the Electronic + Distribution Mechanism is maintained by a third party. + + c. Description of Modifications. You must cause any Modifications that you + create or to which you contribute, and which you distribute, to contain a + file documenting the additions, changes or deletions you made to create or + contribute to those Modifications, and the dates of any such additions, + changes or deletions. You must include a prominent statement that the + Modifications are derived, directly or indirectly, from the Licensed Product + and include the names of the Licensor and any Contributor to the Licensed + Product in (i) the Source Code and (ii) in any notice displayed by a version + of the Licensed Product you distribute or in related documentation in which + you describe the origin or ownership of the Licensed Product. You may not + modify or delete any preexisting copyright notices in the Licensed Product. + + d. Intellectual Property Matters. + + i. Third Party Claims. If you have knowledge that a license to a third + party's intellectual property right is required to exercise the rights + granted by this License, you must include a text file with the Source Code + distribution titled "LEGAL" that describes the claim and the party making + the claim in sufficient detail that a recipient will know whom to contact. + If you obtain such knowledge after you make any Modifications available as + described in Section 4(b), you shall promptly modify the LEGAL file in all + copies you make available thereafter and shall take other steps (such as + notifying appropriate mailing lists or newsgroups) reasonably calculated to + inform those who received the Licensed Product from you that new knowledge + has been obtained. + + ii. Contributor APIs. If your Modifications include an application + programming interface ("API") and you have knowledge of patent licenses that + are reasonably necessary to implement that API, you must also include this + information in the LEGAL file. + + iii. Representations. You represent that, except as disclosed pursuant to + 4(d)(i) above, you believe that any Modifications you distribute are your + original creations and that you have sufficient rights to grant the rights + conveyed by this License. + + e. Required Notices. You must duplicate this License in any documentation you + provide along with the Source Code of any Modifications you create or to which + you contribute, and which you distribute, wherever you describe recipients' + rights relating to Licensed Product. You must duplicate the notice contained + in Exhibit A (the "Notice") in each file of the Source Code of any copy you + distribute of the Licensed Product. If you created a Modification, you may add + your name as a Contributor to the Notice. If it is not possible to put the + Notice in a particular Source Code file due to its structure, then you must + include such Notice in a location (such as a relevant directory file) where a + user would be likely to look for such a notice. You may choose to offer, and + charge a fee for, warranty, support, indemnity or liability obligations to one + or more recipients of Licensed Product. However, you may do so only on your + own behalf, and not on behalf of the Licensor or any Contributor. You must + make it clear that any such warranty, support, indemnity or liability + obligation is offered by you alone, and you hereby agree to indemnify the + Licensor and every Contributor for any liability incurred by the Licensor or + such Contributor as a result of warranty, support, indemnity or liability + terms you offer. + + f. Distribution of Executable Versions. You may distribute Licensed Product as + an executable program under a license of your choice that may contain terms + different from this License provided (i) you have satisfied the requirements + of Sections 4(a) through 4(e) for that distribution, (ii) you include a + conspicuous notice in the executable version, related documentation and + collateral materials stating that the Source Code version of the Licensed + Product is available under the terms of this License, including a description + of how and where you have fulfilled the obligations of Section 4(b), (iii) you + retain all existing copyright notices in the Licensed Product, and (iv) you + make it clear that any terms that differ from this License are offered by you + alone, not by Licensor or any Contributor. You hereby agree to indemnify the + Licensor and every Contributor for any liability incurred by Licensor or such + Contributor as a result of any terms you offer. + + g. Distribution of Derivative Works. You may create Derivative Works (e.g., + combinations of some or all of the Licensed Product with other code) and + distribute the Derivative Works as products under any other license you select, + with the proviso that the requirements of this License are fulfilled for those + portions of the Derivative Works that consist of the Licensed Product or any + Modifications thereto. 5. Inability to Comply Due to Statute or Regulation. -If it is impossible for you to comply with any of the terms of this License with respect to some or all of the Licensed Product due to statute, judicial order, or regulation, then you must (i) comply with the terms of this License to the maximum extent possible, (ii) cite the statute or regulation that prohibits you from adhering to the License, and (iii) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 4(d), and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill at computer programming to be able to understand it. +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. +This License applies to code to which Licensor or Contributor has attached the +Notice in Exhibit A, which is incorporated herein by this reference. 7. Versions of This License. -a. Version. The Motosoto Open Source License is derived from the Jabber Open Source License. All changes are related to applicable law and the location of court. + a. Version. The Motosoto Open Source License is derived from the Jabber Open + Source License. All changes are related to applicable law and the location of + court. -b. New Versions. Licensor may publish from time to time revised and/or new versions of the License. + b. New Versions. Licensor may publish from time to time revised and/or new + versions of the License. -c. Effect of New Versions. Once Licensed Product has been published under a particular version of the License, you may always continue to use it under the terms of that version. You may also choose to use such Licensed Product under the terms of any subsequent version of the License published by Licensor. No one other than Lic ensor has the right to modify the terms applicable to Licensed Product created under this License. + c. Effect of New Versions. Once Licensed Product has been published under a + particular version of the License, you may always continue to use it under the + terms of that version. You may also choose to use such Licensed Product under + the terms of any subsequent version of the License published by Licensor. No + one other than Lic ensor has the right to modify the terms applicable to + Licensed Product created under this License. -d. Derivative Works of this License. If you create or use a modified version of this License, which you may do only in order to apply it to software that is not already a Licensed Product under this License, you must rename your license so that it is not confusingly similar to this License, and must make it clear that your license contains terms that differ from this License. In so naming your license, you may not use any trademark of Licensor or any Contributor. + d. Derivative Works of this License. If you create or use a modified version + of this License, which you may do only in order to apply it to software that + is not already a Licensed Product under this License, you must rename your + license so that it is not confusingly similar to this License, and must make + it clear that your license contains terms that differ from this License. In + so naming your license, you may not use any trademark of Licensor or any + Contributor. 8. Disclaimer of Warranty. -LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. +LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT +WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, +WARRANTIES THAT THE LICENSED PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR +A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND +PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU. SHOULD LICENSED PRODUCT PROVE +DEFECTIVE IN ANY RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) +ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER +OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED +PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 9. Termination. -a. Automatic Termination Upon Breach. This license and the rights granted hereunder will terminate automatically if you fail to comply with the terms herein and fail to cure such breach within thirty (30) days of becoming aware of the breach. All sublicenses to the Licensed Product that are properly granted shall survive any termination of this license. Provisions that, by their nature, must remain in effect beyond the termination of this License, shall survive. - -b. Termination Upon Assertion of Patent Infringement. If you initiate litigation by asserting a patent infringement claim (excluding declaratory judgment actions) against Licensor or a Contributor (Licensor or Contributor against whom you file such an action is referred to herein as "Respondent") alleging that Licensed Product directly or indirectly infringes any patent, then any and all rights granted by such Respondent to you under Sections 1 or 2 of this License shall terminate prospectively upon sixty (60) days notice from Respondent (the "Notice Period") unless within that Notice Period you either agree in writing (i) to pay Respondent a mutually agreeable reasonably royalty for your past or future use of Licensed Product made by such Respondent, or (ii) withdraw your litigation claim with respect to Licensed Product against such Respondent. If within said Notice Period a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Licensor to you under Sections 1 and 2 automatically terminate at the expiration of said Notice Period. - -c. Reasonable Value of This License. If you assert a patent infringement claim against Respondent alleging that Licensed Product directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by said Respondent under Sections 1 and 2 shall be taken into account in determining the amount or value of any payment or license. - -d. No Retroactive Effect of Termination. In the event of termination under Sections 9(a) or 9(b) above, all end user license agreements (excluding licenses to distributors and reselle rs) that have been validly granted by you or any distributor hereunder prior to termination shall survive termination. + a. Automatic Termination Upon Breach. This license and the rights granted + hereunder will terminate automatically if you fail to comply with the terms + herein and fail to cure such breach within thirty (30) days of becoming aware + of the breach. All sublicenses to the Licensed Product that are properly + granted shall survive any termination of this license. Provisions that, by + their nature, must remain in effect beyond the termination of this License, + shall survive. + + b. Termination Upon Assertion of Patent Infringement. If you initiate + litigation by asserting a patent infringement claim (excluding declaratory + judgment actions) against Licensor or a Contributor (Licensor or Contributor + against whom you file such an action is referred to herein as "Respondent") + alleging that Licensed Product directly or indirectly infringes any patent, + then any and all rights granted by such Respondent to you under Sections 1 + or 2 of this License shall terminate prospectively upon sixty (60) days notice + from Respondent (the "Notice Period") unless within that Notice Period you + either agree in writing (i) to pay Respondent a mutually agreeable reasonably + royalty for your past or future use of Licensed Product made by such + Respondent, or (ii) withdraw your litigation claim with respect to Licensed + Product against such Respondent. If within said Notice Period a reasonable + royalty and payment arrangement are not mutually agreed upon in writing by + the parties or the litigation claim is not withdrawn, the rights granted by + Licensor to you under Sections 1 and 2 automatically terminate at the + expiration of said Notice Period. + + c. Reasonable Value of This License. If you assert a patent infringement claim + against Respondent alleging that Licensed Product directly or indirectly + infringes any patent where such claim is resolved (such as by license or + settlement) prior to the initiation of patent infringement litigation, then + the reasonable value of the licenses granted by said Respondent under Sections + 1 and 2 shall be taken into account in determining the amount or value of any + payment or license. + + d. No Retroactive Effect of Termination. In the event of termination under + Sections 9(a) or 9(b) above, all end user license agreements (excluding + licenses to distributors and reselle rs) that have been validly granted by you + or any distributor hereunder prior to termination shall survive termination. 10. Limitation of Liability. -UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY +UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING +NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY +DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE +LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL +DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF +GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER +COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE +POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO +LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY |