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author | Mattias Andrée <m@maandree.se> | 2025-02-09 18:26:12 +0100 |
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committer | Mattias Andrée <m@maandree.se> | 2025-02-09 18:26:12 +0100 |
commit | a1fed3d2810dceddd3ca8459a406846ebcf8d893 (patch) | |
tree | 3081bd0995e8dc4f86a6213b76ef2fa58311ed5f | |
parent | Format text (diff) | |
download | licenses-a1fed3d2810dceddd3ca8459a406846ebcf8d893.tar.gz licenses-a1fed3d2810dceddd3ca8459a406846ebcf8d893.tar.bz2 licenses-a1fed3d2810dceddd3ca8459a406846ebcf8d893.tar.xz |
Format text
Signed-off-by: Mattias Andrée <m@maandree.se>
-rw-r--r-- | common/FAL1.2/french | 215 | ||||
-rw-r--r-- | common/FAL1.2/spanish | 215 | ||||
-rw-r--r-- | common/HESSLA | 1769 | ||||
-rw-r--r-- | common/IPA | 189 | ||||
-rw-r--r-- | common/NPL1.0 | 457 | ||||
-rw-r--r-- | common/NPL1.1 | 643 | ||||
-rw-r--r-- | common/Nokia | 479 | ||||
-rw-r--r-- | common/OSL2.0 | 215 | ||||
-rw-r--r-- | common/OSL2.1 | 211 | ||||
-rw-r--r-- | common/OSL3.0 | 224 | ||||
-rw-r--r-- | common/RPSL | 636 | ||||
-rw-r--r-- | common/RSCPL | 422 | ||||
-rw-r--r-- | common/SISSL1.0 | 265 | ||||
-rw-r--r-- | common/SISSL1.1 | 265 | ||||
-rw-r--r-- | common/SISSL1.2 | 226 | ||||
-rw-r--r-- | common/SPL | 425 | ||||
-rw-r--r-- | common/Watcom | 453 |
17 files changed, 5975 insertions, 1334 deletions
diff --git a/common/FAL1.2/french b/common/FAL1.2/french index 20624c4..acae675 100644 --- a/common/FAL1.2/french +++ b/common/FAL1.2/french @@ -2,46 +2,85 @@ Version 1.2 Préambule : -Avec cette Licence Art Libre, l'autorisation est donnée de copier, de diffuser et de transformer librement les oeuvres dans le respect des droits de l'auteur. - -Loin d'ignorer les droits de l'auteur, cette licence les reconnaît et les protège. Elle en reformule le principe en permettant au public de faire un usage créatif des oeuvres d'art. -Alors que l'usage fait du droit de la propriété littéraire et artistique conduit à restreindre l'accès du public à l'oeuvre, la Licence Art Libre a pour but de le favoriser. -L'intention est d'ouvrir l'accès et d'autoriser l'utilisation des ressources d'une oeuvre par le plus grand nombre. En avoir jouissance pour en multiplier les réjouissances, créer de nouvelles conditions de création pour amplifier les possibilités de création. Dans le respect des auteurs avec la reconnaissance et la défense de leur droit moral. - -En effet, avec la venue du numérique, l'invention de l'internet et des logiciels libres, un nouveau mode de création et de production est apparu. Il est aussi l'amplification de ce qui a été expérimenté par nombre d'artistes contemporains. - -Le savoir et la création sont des ressources qui doivent demeurer libres pour être encore véritablement du savoir et de la création. C'est à dire rester une recherche fondamentale qui ne soit pas directement liée à une application concrète. Créer c'est découvrir l'inconnu, c'est inventer le réel avant tout souci de réalisme. -Ainsi, l'objet de l'art n'est pas confondu avec l'objet d'art fini et défini comme tel. -C'est la raison essentielle de cette Licence Art Libre : promouvoir et protéger des pratiques artistiques libérées des seules règles de l'économie de marché. +Avec cette Licence Art Libre, l'autorisation est donnée de copier, de +diffuser et de transformer librement les oeuvres dans le respect des +droits de l'auteur. + +Loin d'ignorer les droits de l'auteur, cette licence les reconnaît et +les protège. Elle en reformule le principe en permettant au public de +faire un usage créatif des oeuvres d'art. + +Alors que l'usage fait du droit de la propriété littéraire et +artistique conduit à restreindre l'accès du public à l'oeuvre, la +Licence Art Libre a pour but de le favoriser. + +L'intention est d'ouvrir l'accès et d'autoriser l'utilisation des +ressources d'une oeuvre par le plus grand nombre. En avoir jouissance +pour en multiplier les réjouissances, créer de nouvelles conditions de +création pour amplifier les possibilités de création. Dans le respect +des auteurs avec la reconnaissance et la défense de leur droit moral. + +En effet, avec la venue du numérique, l'invention de l'internet et des +logiciels libres, un nouveau mode de création et de production est +apparu. Il est aussi l'amplification de ce qui a été expérimenté par +nombre d'artistes contemporains. + +Le savoir et la création sont des ressources qui doivent demeurer +libres pour être encore véritablement du savoir et de la +création. C'est à dire rester une recherche fondamentale qui ne soit +pas directement liée à une application concrète. Créer c'est découvrir +l'inconnu, c'est inventer le réel avant tout souci de réalisme. + +Ainsi, l'objet de l'art n'est pas confondu avec l'objet d'art fini et +défini comme tel. + +C'est la raison essentielle de cette Licence Art Libre : promouvoir et +protéger des pratiques artistiques libérées des seules règles de +l'économie de marché. ——– DÉFINITIONS - L'oeuvre : -il s'agit d'une oeuvre commune qui comprend l'oeuvre originelle ainsi que toutes les contributions postérieures (les originaux conséquents et les copies). Elle est créée à l'initiative de l'auteur originel qui par cette licence définit les conditions selon lesquelles les contributions sont faites. +il s'agit d'une oeuvre commune qui comprend l'oeuvre originelle ainsi +que toutes les contributions postérieures (les originaux conséquents +et les copies). Elle est créée à l'initiative de l'auteur originel qui +par cette licence définit les conditions selon lesquelles les +contributions sont faites. - L'oeuvre originelle : -c'est-à-dire l'oeuvre créée par l'initiateur de l'oeuvre commune dont les copies vont être modifiées par qui le souhaite. +c'est-à-dire l'oeuvre créée par l'initiateur de l'oeuvre commune dont +les copies vont être modifiées par qui le souhaite. - Les oeuvres conséquentes : -c'est-à-dire les propositions des auteurs qui contribuent à la formation de l'oeuvre en faisant usage des droits de reproduction, de diffusion et de modification que leur confère la licence. +c'est-à-dire les propositions des auteurs qui contribuent à la +formation de l'oeuvre en faisant usage des droits de reproduction, de +diffusion et de modification que leur confère la licence. - Original (source ou ressource de l'oeuvre) : -exemplaire daté de l'oeuvre, de sa définition, de sa partition ou de son programme que l'auteur présente comme référence pour toutes actualisations, interprétations, copies ou reproductions ultérieures. +exemplaire daté de l'oeuvre, de sa définition, de sa partition ou de +son programme que l'auteur présente comme référence pour toutes +actualisations, interprétations, copies ou reproductions ultérieures. - Copie : toute reproduction d'un original au sens de cette licence. - Auteur de l'oeuvre originelle : -c'est la personne qui a créé l'oeuvre à l'origine d'une arborescence de cette oeuvre modifiée. Par cette licence, l'auteur détermine les conditions dans lesquelles ce travail se fait. +c'est la personne qui a créé l'oeuvre à l'origine d'une arborescence +de cette oeuvre modifiée. Par cette licence, l'auteur détermine les +conditions dans lesquelles ce travail se fait. - Contributeur : -toute personne qui contribue à la création de l'oeuvre. Il est l'auteur d'une oeuvre originale résultant de la modification d'une copie de l'oeuvre originelle ou de la modification d'une copie d'une oeuvre conséquente. +toute personne qui contribue à la création de l'oeuvre. Il est +l'auteur d'une oeuvre originale résultant de la modification d'une +copie de l'oeuvre originelle ou de la modification d'une copie d'une +oeuvre conséquente. 1. OBJET -Cette licence a pour objet de définir les conditions selon lesquelles vous pouvez jouir librement de cette oeuvre. +Cette licence a pour objet de définir les conditions selon lesquelles +vous pouvez jouir librement de cette oeuvre. 2. L'ÉTENDUE DE LA JOUISSANCE @@ -51,46 +90,78 @@ diffuser et la modifier: 2.1 LA LIBERTÉ DE COPIER (OU DE REPRODUCTION) -Vous avez la liberté de copier cette oeuvre pour un usage personnel, pour vos amis, ou toute autre personne et quelque soit la technique employée. +Vous avez la liberté de copier cette oeuvre pour un usage personnel, +pour vos amis, ou toute autre personne et quelque soit la technique +employée. 2.2 LA LIBERTÉ DE DIFFUSER, D'INTERPRÉTER (OU DE REPRÉSENTATION) -Vous pouvez diffuser librement les copies de ces oeuvres, modifiées -ou non, quel que soit le support, quel que soit le lieu, à titre onéreux ou gratuit si vous respectez toutes les conditions suivantes: -- joindre aux copies, cette licence à l'identique, ou indiquer précisément où se trouve la licence, +Vous pouvez diffuser librement les copies de ces oeuvres, modifiées ou +non, quel que soit le support, quel que soit le lieu, à titre onéreux +ou gratuit si vous respectez toutes les conditions suivantes: +- joindre aux copies, cette licence à l'identique, ou indiquer + précisément où se trouve la licence, - indiquer au destinataire le nom de l'auteur des originaux, - indiquer au destinataire où il pourra avoir accès aux originaux -(originels et/ou conséquents). L'auteur de l'original pourra, s'il le souhaite, vous autoriser à diffuser l'original dans les mêmes conditions que les copies. +(originels et/ou conséquents). L'auteur de l'original pourra, s'il le +souhaite, vous autoriser à diffuser l'original dans les mêmes +conditions que les copies. 2.3 LA LIBERTÉ DE MODIFIER Vous avez la liberté de modifier les copies des originaux (originels -et conséquents), qui peuvent être partielles ou non, dans le respect des conditions prévues à l'article 2.2 en cas de diffusion (ou représentation) de la copie modifiée. -L'auteur de l'original pourra, s'il le souhaite, vous autoriser à modifier l'original dans les mêmes conditions que les copies. +et conséquents), qui peuvent être partielles ou non, dans le respect +des conditions prévues à l'article 2.2 en cas de diffusion (ou +représentation) de la copie modifiée. + +L'auteur de l'original pourra, s'il le souhaite, vous autoriser à +modifier l'original dans les mêmes conditions que les copies. 3. L'INCORPORATION DE L'OEUVRE -Tous les éléments de cette oeuvre doivent demeurer libres, c'est pourquoi il ne vous est pas permis d'intégrer les originaux (originels et conséquents) dans une autre oeuvre qui ne serait pas soumise à cette licence. +Tous les éléments de cette oeuvre doivent demeurer libres, c'est +pourquoi il ne vous est pas permis d'intégrer les originaux (originels +et conséquents) dans une autre oeuvre qui ne serait pas soumise à +cette licence. 4. VOS DROITS D'AUTEUR -Cette licence n'a pas pour objet de nier vos droits d'auteur sur votre contribution. En choisissant de contribuer à l'évolution de cette oeuvre, vous acceptez seulement d'offrir aux autres les mêmes droits sur votre contribution que ceux qui vous ont été accordés par cette licence. +Cette licence n'a pas pour objet de nier vos droits d'auteur sur votre +contribution. En choisissant de contribuer à l'évolution de cette +oeuvre, vous acceptez seulement d'offrir aux autres les mêmes droits +sur votre contribution que ceux qui vous ont été accordés par cette +licence. 5. LA DURÉE DE LA LICENCE -Cette licence prend effet dès votre acceptation de ses dispositions. Le fait de copier, de diffuser, ou de modifier l'oeuvre constitue une acception tacite. -Cette licence a pour durée la durée des droits d'auteur attachés à l'oeuvre. Si vous ne respectez pas les termes de cette licence, vous perdez automatiquement les droits qu'elle vous confère. -Si le régime juridique auquel vous êtes soumis ne vous permet pas de respecter les termes de cette licence, vous ne pouvez pas vous prévaloir des libertés qu'elle confère. +Cette licence prend effet dès votre acceptation de ses +dispositions. Le fait de copier, de diffuser, ou de modifier l'oeuvre +constitue une acception tacite. + +Cette licence a pour durée la durée des droits d'auteur attachés à +l'oeuvre. Si vous ne respectez pas les termes de cette licence, vous +perdez automatiquement les droits qu'elle vous confère. + +Si le régime juridique auquel vous êtes soumis ne vous permet pas de +respecter les termes de cette licence, vous ne pouvez pas vous +prévaloir des libertés qu'elle confère. 6. LES DIFFÉRENTES VERSIONS DE LA LICENCE -Cette licence pourra être modifiée régulièrement, en vue de son amélioration, par ses auteurs (les acteurs du mouvement « copyleft attitude ») sous la forme de nouvelles versions numérotées. +Cette licence pourra être modifiée régulièrement, en vue de son +amélioration, par ses auteurs (les acteurs du mouvement « copyleft +attitude ») sous la forme de nouvelles versions numérotées. -Vous avez toujours le choix entre vous contenter des dispositions contenues dans la version sous laquelle la copie vous a été communiquée ou alors, vous prévaloir des dispositions d'une des versions ultérieures. +Vous avez toujours le choix entre vous contenter des dispositions +contenues dans la version sous laquelle la copie vous a été +communiquée ou alors, vous prévaloir des dispositions d'une des +versions ultérieures. 7. LES SOUS-LICENCES -Les sous licences ne sont pas autorisées par la présente. Toute personne qui souhaite bénéficier des libertés qu'elle confère sera liée directement à l'auteur de l'oeuvre originelle. +Les sous licences ne sont pas autorisées par la présente. Toute +personne qui souhaite bénéficier des libertés qu'elle confère sera +liée directement à l'auteur de l'oeuvre originelle. 8. LA LOI APPLICABLE AU CONTRAT @@ -100,13 +171,18 @@ Mode d'emploi : - Comment utiliser la Licence Art Libre? -Pour bénéficier de la Licence Art Libre il suffit d'accompagner votre oeuvre de cette mention : +Pour bénéficier de la Licence Art Libre il suffit d'accompagner votre +oeuvre de cette mention : -[Quelques lignes pour indiquer le nom de l'oeuvre et donner une idée éventuellement de ce que c'est.] -[Quelques lignes pour indiquer s'il y a lieu, une description de l'oeuvre modifiée et le nom de l'auteur.] -Copyright © [la date] [nom de l’auteur] (si c'est le cas, indiquez les noms des auteurs précédents) -Copyleft : cette oeuvre est libre, vous pouvez la redistribuer et/ou la modifier selon les termes de la Licence Art Libre. -Vous trouverez un exemplaire de cette Licence sur le site Copyleft Attitude http://www.artlibre.org ainsi que sur d'autres sites. +[Quelques lignes pour indiquer le nom de l'oeuvre et donner une idée +éventuellement de ce que c'est.] [Quelques lignes pour indiquer s'il +y a lieu, une description de l'oeuvre modifiée et le nom de l'auteur.] +Copyright © [la date] [nom de l’auteur] (si c'est le cas, indiquez les +noms des auteurs précédents) Copyleft : cette oeuvre est libre, vous +pouvez la redistribuer et/ou la modifier selon les termes de la +Licence Art Libre. Vous trouverez un exemplaire de cette Licence sur +le site Copyleft Attitude http://www.artlibre.org ainsi que sur +d'autres sites. - Pourquoi utiliser la Licence Art Libre? @@ -114,28 +190,63 @@ Vous trouverez un exemplaire de cette Licence sur le site Copyleft Attitude http 2/ Pour la laisser diffuser librement. -3/ Pour lui permettre d'évoluer en autorisant sa transformation par d'autres. +3/ Pour lui permettre d'évoluer en autorisant sa transformation par +d'autres. -4/ Pour pouvoir vous-même utiliser les ressources d'une oeuvre quand celle-ci est sous Licence Art Libre : la copier, la diffuser ou la transformer librement. +4/ Pour pouvoir vous-même utiliser les ressources d'une oeuvre quand +celle-ci est sous Licence Art Libre : la copier, la diffuser ou la +transformer librement. 5/ Ce n'est pas tout. -Car l'utilisation de la Licence Art Libre est aussi un bon moyen pour prendre des libertés avec le système de la marchandise généré par l'économie dominante. La Licence Art Libre offre un cadre juridique intéressant pour empêcher toute appropriation abusive. Il n'est plus possible de s'emparer de votre oeuvre pour en court-circuiter la création et en faire un profit exclusif. Il est interdit de faire main basse sur le travail collectif qui est à l'oeuvre, interdit de s'accaparer les ressources de la création en mouvement pour le seul bénéfice de quelques uns. - -La Licence Art Libre défend une économie propre à l'art, basée sur le partage, l'échange et la joyeuse dépense. Ce qui compte en art c'est aussi et surtout ce qui ne se compte pas. +Car l'utilisation de la Licence Art Libre est aussi un bon moyen pour +prendre des libertés avec le système de la marchandise généré par +l'économie dominante. La Licence Art Libre offre un cadre juridique +intéressant pour empêcher toute appropriation abusive. Il n'est plus +possible de s'emparer de votre oeuvre pour en court-circuiter la +création et en faire un profit exclusif. Il est interdit de faire main +basse sur le travail collectif qui est à l'oeuvre, interdit de +s'accaparer les ressources de la création en mouvement pour le seul +bénéfice de quelques uns. + +La Licence Art Libre défend une économie propre à l'art, basée sur le +partage, l'échange et la joyeuse dépense. Ce qui compte en art c'est +aussi et surtout ce qui ne se compte pas. - Quand utiliser la Licence Art Libre? -Il n'est pas dans le projet de la Licence Art Libre d'éliminer le copyright ou les droits d'auteurs. Bien au contraire, il s'agit d'en reformuler la pertinence en tenant compte de l'environnement contemporain. Il est question de s'autoriser le droit à la libre circulation, à la libre copie et la libre transformation des oeuvres. Le droit au libre travail de l'art et des artistes. +Il n'est pas dans le projet de la Licence Art Libre d'éliminer le +copyright ou les droits d'auteurs. Bien au contraire, il s'agit d'en +reformuler la pertinence en tenant compte de l'environnement +contemporain. Il est question de s'autoriser le droit à la libre +circulation, à la libre copie et la libre transformation des +oeuvres. Le droit au libre travail de l'art et des artistes. -1/ A chaque fois que vous voudrez bénéficier et faire bénéficier de ce droit, utilisez la Licence Art Libre. +1/ A chaque fois que vous voudrez bénéficier et faire bénéficier de ce +droit, utilisez la Licence Art Libre. -2/ A chaque fois que vous voudrez créer des oeuvres pour qu'elles évoluent et soient librement copiables, librement diffusables et librement transformables : utilisez la Licence Art Libre. +2/ A chaque fois que vous voudrez créer des oeuvres pour qu'elles +évoluent et soient librement copiables, librement diffusables et +librement transformables : utilisez la Licence Art Libre. -3/ A chaque fois que vous voudrez avoir la possibilité de copier, distribuer ou transformer une oeuvre : vérifiez bien qu'elle est sous Licence Art Libre. Dans le cas contraire vous risqueriez de vous mettre hors la loi. +3/ A chaque fois que vous voudrez avoir la possibilité de copier, +distribuer ou transformer une oeuvre : vérifiez bien qu'elle est sous +Licence Art Libre. Dans le cas contraire vous risqueriez de vous +mettre hors la loi. - A quels types d'oeuvres convient la Licence Art Libre? -Cette licence s'applique aussi bien aux oeuvres numériques que non numériques. Elle est née de l'observation du monde du logiciel libre et de l'internet, mais son domaine d'application ne se limite pas aux supports numériques. -Vous pouvez mettre une peinture, un roman, une sculpture, un dessin, une musique, un poème, une installation, une vidéo, un film, une recette de cuisine, un cd-rom, un site web, une performance, enfin bref, toutes créations qui peuvent se réclamer d'un certain art. - -- Cette licence a une histoire : elle est née de la rencontre « Copyleft Attitude » http://www.artlibre.org qui a eu lieu à Accès Local et Public à Paris début 2000. Pour la première fois elle faisait se rencontrer des informaticiens et des acteurs du libre avec des artistes contemporains et des gens du monde de l'art. +Cette licence s'applique aussi bien aux oeuvres numériques que non +numériques. Elle est née de l'observation du monde du logiciel libre +et de l'internet, mais son domaine d'application ne se limite pas aux +supports numériques. + +Vous pouvez mettre une peinture, un roman, une sculpture, un dessin, +une musique, un poème, une installation, une vidéo, un film, une +recette de cuisine, un cd-rom, un site web, une performance, enfin +bref, toutes créations qui peuvent se réclamer d'un certain art. + +- Cette licence a une histoire : elle est née de la rencontre « + Copyleft Attitude » http://www.artlibre.org qui a eu lieu à Accès + Local et Public à Paris début 2000. Pour la première fois elle + faisait se rencontrer des informaticiens et des acteurs du libre + avec des artistes contemporains et des gens du monde de l'art. diff --git a/common/FAL1.2/spanish b/common/FAL1.2/spanish index 31c9625..0ec6ce6 100644 --- a/common/FAL1.2/spanish +++ b/common/FAL1.2/spanish @@ -2,92 +2,163 @@ Versión 1.2 Introducción: -La Licencia Arte Libre (LAL) le autoriza a copiar, difundir y transformar libremente la obra que protege, dentro del respeto a los derechos de su autor. - -La Licencia Arte Libre no ignora los derechos del autor, sino que los reconoce y protege. La reformulación de estos principios permite a los usuarios utilizar con creatividad la obra artística. -El uso del derecho de propiedad literaria y artística tiende a imponer restricciones de acceso a los usuarios, que la Licencia Arte Libre pretende favorecer. -Su finalidad es dar acceso abierto a la obra y autorizar el uso de sus recursos por una mayoría, multiplicar las posibilidades de disfrute para multiplicar sus frutos, y fomentar un nuevo marco de creación que posibilite una creación nueva. Todo ello, dentro del respeto, reconocimiento y defensa de los derechos morales de los autores. - -Acontecimientos como la tecnología digital, la invención de Internet y el software libre señalan la aparición de un nuevo marco de creación y producción. Estos fenómenos recogen y amplifican muchas de las experiencias llevadas a cabo por artistas contemporáneos. - -El saber y la creación son recursos que deben permanecer libres para seguir siendo lo que son: conocimientos y creación, una labor de investigación fundamental, que no está determinada por sus aplicaciones concretas. Crear es descubrir lo desconocido, un acto que crea la realidad sin pretensión realista. -El fin del arte no se confunde con el objeto artístico ni en su finición, ni en su definición. -En todo ello radica la razón de ser de la Licencia Arte Libre: promover y proteger prácticas artísticas liberadas de las reglas exclusivistas de la economía de mercado. +La Licencia Arte Libre (LAL) le autoriza a copiar, difundir y +transformar libremente la obra que protege, dentro del respeto a los +derechos de su autor. + +La Licencia Arte Libre no ignora los derechos del autor, sino que los +reconoce y protege. La reformulación de estos principios permite a los +usuarios utilizar con creatividad la obra artística. + +El uso del derecho de propiedad literaria y artística tiende a imponer +restricciones de acceso a los usuarios, que la Licencia Arte Libre +pretende favorecer. + +Su finalidad es dar acceso abierto a la obra y autorizar el uso de sus +recursos por una mayoría, multiplicar las posibilidades de disfrute +para multiplicar sus frutos, y fomentar un nuevo marco de creación que +posibilite una creación nueva. Todo ello, dentro del respeto, +reconocimiento y defensa de los derechos morales de los autores. + +Acontecimientos como la tecnología digital, la invención de Internet y +el software libre señalan la aparición de un nuevo marco de creación y +producción. Estos fenómenos recogen y amplifican muchas de las +experiencias llevadas a cabo por artistas contemporáneos. + +El saber y la creación son recursos que deben permanecer libres para +seguir siendo lo que son: conocimientos y creación, una labor de +investigación fundamental, que no está determinada por sus +aplicaciones concretas. Crear es descubrir lo desconocido, un acto que +crea la realidad sin pretensión realista. + +El fin del arte no se confunde con el objeto artístico ni en su +finición, ni en su definición. + +En todo ello radica la razón de ser de la Licencia Arte Libre: +promover y proteger prácticas artísticas liberadas de las reglas +exclusivistas de la economía de mercado. ——– DEFINICIONES: - La obra: -obra común que incluye tanto la obra original como cualquier contribución posterior (originales consecutivos y copias). El autor original es el iniciador de su creación y, con esta licencia, determina las condiciones de contribución. +obra común que incluye tanto la obra original como cualquier +contribución posterior (originales consecutivos y copias). El autor +original es el iniciador de su creación y, con esta licencia, +determina las condiciones de contribución. - La obra original: -obra creada por el iniciador de la obra común, cuyas copias son modificables por quién lo desee. +obra creada por el iniciador de la obra común, cuyas copias son +modificables por quién lo desee. - Las obras consecutivas: -contribuciones aportadas a la obra en formación, por autores que ejercen el derecho de reproducción, difusión y modificación que les otorga la licencia. +contribuciones aportadas a la obra en formación, por autores que +ejercen el derecho de reproducción, difusión y modificación que les +otorga la licencia. - Original (origen o componente de la obra): -ejemplar fechado de la obra, definición, partitura o programa que su autor ofrece como referencia para cualquier actualización, interpretación, copia o reproducción posteriores. +ejemplar fechado de la obra, definición, partitura o programa que su +autor ofrece como referencia para cualquier actualización, +interpretación, copia o reproducción posteriores. - Copia: toda reproducción de un original según los términos de esta licencia. - Autor de la obra original: -persona que creó la obra de donde nacieron todas las modificaciones. Con esta licencia, el autor determina las condiciones en que se realizará esta labor creativa. +persona que creó la obra de donde nacieron todas las +modificaciones. Con esta licencia, el autor determina las condiciones +en que se realizará esta labor creativa. - Contribuidor: -toda persona que contribuye a la creación de la obra. Es autor de una obra original, fruto a su vez de la modificación de la copia origen, o de una obra consecutiva. +toda persona que contribuye a la creación de la obra. Es autor de una +obra original, fruto a su vez de la modificación de la copia origen, o +de una obra consecutiva. ——– 1. FINALIDAD: -El fin de esta licencia es definir las condiciones de libre disfrute de la obra. +El fin de esta licencia es definir las condiciones de libre disfrute +de la obra. 2. EXTENSIÓN DEL DERECHO: -Esta obra está protegida por el derecho de autor. Con esta licencia, su autor expone las condiciones que autorizan la libre copia, difusión y modificación de su obra: +Esta obra está protegida por el derecho de autor. Con esta licencia, +su autor expone las condiciones que autorizan la libre copia, difusión +y modificación de su obra: 2.1 LIBRE COPIA O REPRODUCCIÓN: -Es libre de copiar esta obra para su uso personal, el de sus conocidos o de cualquier otra persona, sin restricción alguna en cuanto al procedimiento empleado. +Es libre de copiar esta obra para su uso personal, el de sus conocidos +o de cualquier otra persona, sin restricción alguna en cuanto al +procedimiento empleado. 2.2 LIBRE DIFUSIÓN, INTERPRETACIÓN O REPRESENTACIÓN: -Es libre de difundir copias de esta obra, modificadas o no, en cualquier soporte, en cualquier lugar, con lucro o sin él, siempre y cuando respete cada una de las siguientes condiciones: -- las copias irán acompañadas de esta misma licencia, o mencionarán la ubicación exacta de la licencia; +Es libre de difundir copias de esta obra, modificadas o no, en +cualquier soporte, en cualquier lugar, con lucro o sin él, siempre y +cuando respete cada una de las siguientes condiciones: +- las copias irán acompañadas de esta misma licencia, o mencionarán la + ubicación exacta de la licencia; - informará al usuario del nombre del autor de los originales; -- informará al usuario del lugar donde conseguir la obra original o consecutiva. Si así lo manifiesta, el autor de la obra podrá autorizarle a difundir el original en los mismos términos y condiciones que las copias. +- informará al usuario del lugar donde conseguir la obra original o + consecutiva. Si así lo manifiesta, el autor de la obra podrá + autorizarle a difundir el original en los mismos términos y + condiciones que las copias. 2.3 LIBRE MODIFICACIÓN: -Es libre de modificar copias de la obra original o consecutiva, en parte o en totalidad, de acuerdo con las condiciones de libre difusión o representación de la copia modificada previstas por el artículo 2.2. -Si así lo manifiesta, el autor del original podrá autorizarle a modificar directamente la obra original en los mismos términos y condiciones que las copias. +Es libre de modificar copias de la obra original o consecutiva, en +parte o en totalidad, de acuerdo con las condiciones de libre difusión +o representación de la copia modificada previstas por el artículo 2.2. + +Si así lo manifiesta, el autor del original podrá autorizarle a +modificar directamente la obra original en los mismos términos y +condiciones que las copias. 3. LIMITACIÓN A LA INCORPORACIÓN DE LA OBRA: -Todos los elementos de esta obra deberán permanecer libres: no le está permitido incorporar los originales (originals, consecutivas) en otra obra que no estuviere sometida a la misma licencia. +Todos los elementos de esta obra deberán permanecer libres: no le está +permitido incorporar los originales (originals, consecutivas) en otra +obra que no estuviere sometida a la misma licencia. 4. DERECHOS DE AUTOR: -Esta licencia no le niega sus derechos, como autor de su propia contribución. Al contribuir libremente a la evolución de esta obra, tan sólo se compromete a ofrecer a los demás usuarios los mismos derechos sobre su propia contribución que esta licencia le concedió. +Esta licencia no le niega sus derechos, como autor de su propia +contribución. Al contribuir libremente a la evolución de esta obra, +tan sólo se compromete a ofrecer a los demás usuarios los mismos +derechos sobre su propia contribución que esta licencia le concedió. 5. VIGENCIA DE LA LICENCIA: -Esta licencia entra en vigor tras su aceptación de las disposiciones contenidas. El ejercicio del derecho de copia, difusión o modificación de la obra implica por su parte la aceptación tácita de las disposiciones de la licencia. -Esta licencia tiene la misma vigencia que los derechos de autor asociados a la obra. En caso de no respetar los términos de esta licencia, perderá automáticamente los derechos concedidos. -No podrá valerse de las libertades otorgadas por la licencia en caso de estar sometido a un régimen jurídico que le impida respetar los términos de esta licencia, . +Esta licencia entra en vigor tras su aceptación de las disposiciones +contenidas. El ejercicio del derecho de copia, difusión o modificación +de la obra implica por su parte la aceptación tácita de las +disposiciones de la licencia. + +Esta licencia tiene la misma vigencia que los derechos de autor +asociados a la obra. En caso de no respetar los términos de esta +licencia, perderá automáticamente los derechos concedidos. + +No podrá valerse de las libertades otorgadas por la licencia en caso +de estar sometido a un régimen jurídico que le impida respetar los +términos de esta licencia, . 6. VERSIONES DIFERENTES DE LA LICENCIA: -Esta licencia podrá ser modificada regularmente por sus autores (los actores del movimiento » copyleft attitude « ), con el fin de introducir mejoras, mediante nuevas versiones numeradas. +Esta licencia podrá ser modificada regularmente por sus autores (los +actores del movimiento » copyleft attitude « ), con el fin de +introducir mejoras, mediante nuevas versiones numeradas. -Es libre en todo momento de aplicar las disposiciones de la versión que acompaña la copia recibida, o las de cualquier versión posterior. +Es libre en todo momento de aplicar las disposiciones de la versión +que acompaña la copia recibida, o las de cualquier versión posterior. 7. SUBLICENCIAS: -Esta versión de la licencia no autoriza las sublicencias. Toda persona que desee hacer uso de las libertades concedidas estará directamente vinculada al autor de la obra original. +Esta versión de la licencia no autoriza las sublicencias. Toda persona +que desee hacer uso de las libertades concedidas estará directamente +vinculada al autor de la obra original. 8. LEY APLICABLE AL CONTRATO: @@ -99,7 +170,9 @@ MODO DE EMPLEO: - ¿Dónde es posible consultar la licencia? -Puede consultar en todo momento la licencia artelibre en Internet, en la dirección siguiente: http://artlibre.org/licence/lal.html +Puede consultar en todo momento la licencia artelibre en Internet, en +la dirección siguiente: http://artlibre.org/licence/lal.html + La licencia existe en inglés: http://artlibre.org/licence/lalgb.html - ¿Por qué utilizar la Licencia Arte Libre para su obra? @@ -108,38 +181,76 @@ La licencia existe en inglés: http://artlibre.org/licence/lalgb.html 2/ Para permitir su libre difusión. -3/ Para permitir su evolución, al autorizar su transformación por otras personas. +3/ Para permitir su evolución, al autorizar su transformación por +otras personas. -4/ Para poder utilizar uno mismo los recursos de una obra protegida por la Licencia Arte Libre: autorizar su copia, difusión o transformación libres. +4/ Para poder utilizar uno mismo los recursos de una obra protegida +por la Licencia Arte Libre: autorizar su copia, difusión o +transformación libres. 5/ Pero eso no es todo. -Utilizar la Licencia Arte Libre es también una buena solución para librarse del sistema mercantil generado por la economía dominante. La Licencia Arte Libre ofrece un marco jurídico interesante para impedir cualquier apropiación abusiva. No permite reservarse la obra para cortocircuitar la creación y convertirla en un beneficio exclusivo. No permite entrar a saco en la labor colectiva en marcha, ni acaparar los recursos de la creación en movimiento para beneficio de unos pocos. -La Licencia Arte Libre promueve una economía afín con el arte, basada en el reparto, el intercambio y el gasto alegres. Lo importante en el arte también es, y sobre todo es, lo que no se puede contar. +Utilizar la Licencia Arte Libre es también una buena solución para +librarse del sistema mercantil generado por la economía dominante. La +Licencia Arte Libre ofrece un marco jurídico interesante para impedir +cualquier apropiación abusiva. No permite reservarse la obra para +cortocircuitar la creación y convertirla en un beneficio exclusivo. No +permite entrar a saco en la labor colectiva en marcha, ni acaparar los +recursos de la creación en movimiento para beneficio de unos pocos. + +La Licencia Arte Libre promueve una economía afín con el arte, basada +en el reparto, el intercambio y el gasto alegres. Lo importante en el +arte también es, y sobre todo es, lo que no se puede contar. - ¿Cómo utilizar la Licencia Arte Libre? -Para beneficiarse de la Licencia Arte Libre, basta con acompañar su obra de la mención siguiente: +Para beneficiarse de la Licencia Arte Libre, basta con acompañar su +obra de la mención siguiente: -[unas pocas líneas para indicar el nombre de la obra y en su caso comentar en qué consiste.] -[unas pocas líneas para indicar en su caso una descripción de la obra modificada y el nombre del autor.] -Copyright (c) [fecha] [autor] (en su caso, indique los autores anteriores) -Copyleft : Esta obra es libre, puede redistribuirla o modificarla de acuerdo con los términos de la Licencia Arte Libre. -Encontrará un ejemplar de esta licencia en el sitio Copyleft Attitude ( http://www.artlibre.org/) y otros sitios. +[unas pocas líneas para indicar el nombre de la obra y en su caso +comentar en qué consiste.] [unas pocas líneas para indicar en su caso +una descripción de la obra modificada y el nombre del autor.] +Copyright (c) [fecha] [autor] (en su caso, indique los autores +anteriores) Copyleft : Esta obra es libre, puede redistribuirla o +modificarla de acuerdo con los términos de la Licencia Arte Libre. +Encontrará un ejemplar de esta licencia en el sitio Copyleft Attitude +( http://www.artlibre.org/) y otros sitios. - ¿Cuándo utilizar la Licencia Arte Libre? -No entra dentro del proyecto de la Licencia Arte Libre eliminar el copyright o los derechos de autor. Al contrario, se trata de afianzar su pertinencia dentro del entorno contemporáneo. Su finalidad es concederse la autorización para la circulación libre, la copia libre y la transformación libre de la obra: se trata del derecho al libre ejercicio del arte y de los artistas. +No entra dentro del proyecto de la Licencia Arte Libre eliminar el +copyright o los derechos de autor. Al contrario, se trata de afianzar +su pertinencia dentro del entorno contemporáneo. Su finalidad es +concederse la autorización para la circulación libre, la copia libre y +la transformación libre de la obra: se trata del derecho al libre +ejercicio del arte y de los artistas. -1/ Siempre que desee beneficiarse y hacer que otros se beneficien de este derecho, utilice la Licencia Arte Libre. +1/ Siempre que desee beneficiarse y hacer que otros se beneficien de +este derecho, utilice la Licencia Arte Libre. -2/ Siempre que desee crear obras para que puedan evolucionar, ser copiadas, difundidas y transformadas libremente: utilice la Licencia Arte Libre. +2/ Siempre que desee crear obras para que puedan evolucionar, ser +copiadas, difundidas y transformadas libremente: utilice la Licencia +Arte Libre. -3/ Siempre que desee copiar, distribuir o transformar una obra, compruebe que se encuentra protegida por la Licencia Arte Libre. En otro caso, corre el riesgo de quedar fuera de la Ley. +3/ Siempre que desee copiar, distribuir o transformar una obra, +compruebe que se encuentra protegida por la Licencia Arte Libre. En +otro caso, corre el riesgo de quedar fuera de la Ley. - ¿A qué categorías de obras conviene la Licencia Arte Libre? -Esta licencia se aplica tanto a las obras electrónicas como a las que no lo son. Nace de la observación del mundo del software libre y de Internet, pero su ámbito de aplicación no está limitado por los soportes electrónicos. -Puede proteger una pintura, una novela, una escultura, un dibujo, una música, un poema, una instalación, un vídeo, una película, una receta de cocina, un cederón, un sitio Web, una instalación… en resumen, puede proteger todas aquellas creaciones que se reclaman de un determinado arte. - -- Esta licencia tiene una historia: nació del encuentro de » Copyleft Attitude « que tuvo lugar en » Accès Local et Public » en Paris a principios de 2000. Por primera vez, permitió el encuentro de informáticos y actores del libre con artistas contemporáneos y gentes del mundo del arte. +Esta licencia se aplica tanto a las obras electrónicas como a las que +no lo son. Nace de la observación del mundo del software libre y de +Internet, pero su ámbito de aplicación no está limitado por los +soportes electrónicos. + +Puede proteger una pintura, una novela, una escultura, un dibujo, una +música, un poema, una instalación, un vídeo, una película, una receta +de cocina, un cederón, un sitio Web, una instalación… en resumen, +puede proteger todas aquellas creaciones que se reclaman de un +determinado arte. + +- Esta licencia tiene una historia: nació del encuentro de » Copyleft + Attitude « que tuvo lugar en » Accès Local et Public » en Paris a + principios de 2000. Por primera vez, permitió el encuentro de + informáticos y actores del libre con artistas contemporáneos y + gentes del mundo del arte. diff --git a/common/HESSLA b/common/HESSLA index a24f5fe..50d3c30 100644 --- a/common/HESSLA +++ b/common/HESSLA @@ -1,16 +1,42 @@ The Hacktivismo Enhanced-Source Software License Agreement -Everyone is permitted to copy and distribute verbatim copies of this license document. You may use content from this license document as source material for your own license agreement, but you may not use the name "Hacktivismo Enhanced-Source Software License Agreement ," ("HESSLA") or any confusingly similar name, trademark or service-mark, in connection with any license agreement that is not either (1) a verbatim copy of this License Agreement, or (2) a license agreement that contains only additional terms expressly permitted by The HESSLA. +Everyone is permitted to copy and distribute verbatim copies of this +license document. You may use content from this license document as +source material for your own license agreement, but you may not use +the name "Hacktivismo Enhanced-Source Software License Agreement ," +("HESSLA") or any confusingly similar name, trademark or service-mark, +in connection with any license agreement that is not either (1) a +verbatim copy of this License Agreement, or (2) a license agreement +that contains only additional terms expressly permitted by The HESSLA. INTRODUCTORY STATEMENT -Software that Hacktivismo[fn1] releases under this License Agreement is intended to promote our political objectives. And, likewise, the purpose of this License Agreement itself is political: Namely, to compliment the software's intended political function. Hacktivismo itself exists to develop and deploy computer software technologies that promote fundamental human rights of end-users. Hacktivismo also seeks to enlist the active participation and involvement of people around the world, to help us improve these software tools, and to take other actions (including actions that involve using and distributing our software, and the advancement of similarly-minded software projects of others) that promote human rights and freedom worldwide. +Software that Hacktivismo[fn1] releases under this License Agreement +is intended to promote our political objectives. And, likewise, the +purpose of this License Agreement itself is political: Namely, to +compliment the software's intended political function. Hacktivismo +itself exists to develop and deploy computer software technologies +that promote fundamental human rights of end-users. Hacktivismo also +seeks to enlist the active participation and involvement of people +around the world, to help us improve these software tools, and to take +other actions (including actions that involve using and distributing +our software, and the advancement of similarly-minded software +projects of others) that promote human rights and freedom worldwide. [fn1] http://hacktivismo.com/ -Because of our non-commercial objective of promoting end-users' freedoms, Hacktivismo has some special, and admittedly ambitious, licensing needs. This License Agreement enhances the benefits of published source code by backing up our human rights projects with appropriate remedies enforceable in court. +Because of our non-commercial objective of promoting end-users' +freedoms, Hacktivismo has some special, and admittedly ambitious, +licensing needs. This License Agreement enhances the benefits of +published source code by backing up our human rights projects with +appropriate remedies enforceable in court. -The Freedoms We Promote: When we speak of the freedom of end-users, we are talking about basic freedoms recognized in the Hacktivismo Declaration,[fn2] the International Covenant on Civil and Political Rights,[fn3] the Universal Declaration of Human Rights,[fn4] and other documents that recognize and promote freedom and human dignity. Principal among these freedoms are: +The Freedoms We Promote: When we speak of the freedom of end-users, we +are talking about basic freedoms recognized in the Hacktivismo +Declaration,[fn2] the International Covenant on Civil and Political +Rights,[fn3] the Universal Declaration of Human Rights,[fn4] and other +documents that recognize and promote freedom and human +dignity. Principal among these freedoms are: [fn2] http://hacktivismo.com/about/declarations/ @@ -18,310 +44,1525 @@ The Freedoms We Promote: When we speak of the freedom of end-users, we are talki [fn4] http://www.un.org/Overview/rights.html -Freedom of Expression: The freedom of opinion and expression "include[s] freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers,"[fn5] and the freedom to choose one's own medium of expression. The arbitrary use of technological censorship measures to block or prevent access to broad categories of speech and expression including the work of critics, intellectuals, artists, journalists, and religious figures is seldom, if ever, justified by any legitimate governmental objective. And, to the extent that technology enables censorship decisions to be removed from public scrutiny and review, technology-based censorship mechanisms are especially suspect and dangerous to civil society. When repressive governments and other institutions of power seek to deprive people of this basic freedom, people have the right to secure, employ and deploy the tools necessary to reclaim the freedoms to which they are justifiably entitled. +Freedom of Expression: The freedom of opinion and expression +"include[s] freedom to seek, receive and impart information and ideas +of all kinds, regardless of frontiers,"[fn5] and the freedom to choose +one's own medium of expression. The arbitrary use of technological +censorship measures to block or prevent access to broad categories of +speech and expression including the work of critics, intellectuals, +artists, journalists, and religious figures is seldom, if ever, +justified by any legitimate governmental objective. And, to the extent +that technology enables censorship decisions to be removed from public +scrutiny and review, technology-based censorship mechanisms are +especially suspect and dangerous to civil society. When repressive +governments and other institutions of power seek to deprive people of +this basic freedom, people have the right to secure, employ and deploy +the tools necessary to reclaim the freedoms to which they are +justifiably entitled. [fn5] Article 19, Universal Declaration of Human Rights. -Freedom of Collective Action and Association: People have and should have the "freedom of peaceful assembly and association."[fn6] This freedom includes the right of people to work together to secure constructive change in their personal, economic, and political circumstances. When repressive governments or other institutions of power seek to deprive people (including users of the Internet) of their freedoms of voluntary assembly, association, and common enterprise, people have the right to secure, employ and deploy technologies that reclaim the freedoms to which they are justifiably entitled. +Freedom of Collective Action and Association: People have and should +have the "freedom of peaceful assembly and association."[fn6] This +freedom includes the right of people to work together to secure +constructive change in their personal, economic, and political +circumstances. When repressive governments or other institutions of +power seek to deprive people (including users of the Internet) of +their freedoms of voluntary assembly, association, and common +enterprise, people have the right to secure, employ and deploy +technologies that reclaim the freedoms to which they are justifiably +entitled. [fn6] Article 20(1), Universal Declaration of Human Rights. -Freedoms of Thought, Conscience, Sexuality, and Religion: People have and should have the freedom of "thought, conscience, and religion."[fn7] This right "includes freedom to change religion or belief, and freedom, either alone or in community with others, in public or private, to manifest any religion or belief in teaching, practice, worship and observance, regardless of doctrine."[fn8] Every person, regardless of sex or sexual preference, and with reciprocal respect for the corresponding rights of all others, has and should have the right to determine and choose, freely and without coercion, whether, how and with whom he or she shall fully enjoy the most private and personal aspects of human life, including individual sexuality, reproduction, and fertility. Moreover, "[t]he explicit recognition and reaffirmation of the right of all women to control all aspects of their health, in particular their own fertility, is basic to their empowerment."[fn9] When repressive governments and other institutions of power seek to deprive people of these basic freedoms, they have the right to secure, employ and deploy the tools necessary to reclaim the freedoms to which they are justifiably entitled. +Freedoms of Thought, Conscience, Sexuality, and Religion: People have +and should have the freedom of "thought, conscience, and +religion."[fn7] This right "includes freedom to change religion or +belief, and freedom, either alone or in community with others, in +public or private, to manifest any religion or belief in teaching, +practice, worship and observance, regardless of doctrine."[fn8] Every +person, regardless of sex or sexual preference, and with reciprocal +respect for the corresponding rights of all others, has and should +have the right to determine and choose, freely and without coercion, +whether, how and with whom he or she shall fully enjoy the most +private and personal aspects of human life, including individual +sexuality, reproduction, and fertility. Moreover, "[t]he explicit +recognition and reaffirmation of the right of all women to control all +aspects of their health, in particular their own fertility, is basic +to their empowerment."[fn9] When repressive governments and other +institutions of power seek to deprive people of these basic freedoms, +they have the right to secure, employ and deploy the tools necessary +to reclaim the freedoms to which they are justifiably entitled. [fn7] Article 18, Universal Declaration of Human Rights. [fn8] Id. -[fn9] Paragraph 17, Beijing Declaration of the Fourth United Nations Conference on Women (Sept. 15, 1995). - -Freedom of Privacy: Every person has the right to be free from "subject[ion] to arbitrary interference with his [or her] privacy, family, home or correspondence"[fn10] -- digitally, or by any other means or methodology. This freedom of privacy includes the right to be free from governmental or private surveillance that might interfere with or deter the rightful exercise of any other freedoms of any person. In the context of software tools that enable people to reclaim their freedoms, all end-users have and should have the right to secure and use tools that are free from the surreptitious insertion into their software of "backdoors," "spy-ware," escrow mechanisms, or other code or techniques that might promote surveillance, or subvert security (including cryptographic security), confidentiality, anonymity, authenticity and/or trust. +[fn9] Paragraph 17, Beijing Declaration of the Fourth United Nations +Conference on Women (Sept. 15, 1995). + +Freedom of Privacy: Every person has the right to be free from +"subject[ion] to arbitrary interference with his [or her] privacy, +family, home or correspondence"[fn10] -- digitally, or by any other +means or methodology. This freedom of privacy includes the right to be +free from governmental or private surveillance that might interfere +with or deter the rightful exercise of any other freedoms of any +person. In the context of software tools that enable people to reclaim +their freedoms, all end-users have and should have the right to secure +and use tools that are free from the surreptitious insertion into +their software of "backdoors," "spy-ware," escrow mechanisms, or other +code or techniques that might promote surveillance, or subvert +security (including cryptographic security), confidentiality, +anonymity, authenticity and/or trust. [fn10] Article 12, Universal Declaration of Human Rights. -Reasons For Enhancing "Free" and "Open-Source" Licensing: Developing a new software license is never a trivial task and this License Agreement has presented special challenges for Hacktivismo. Because of our human rights objectives, this License Agreement includes some specific terms and conditions that, as a technical matter, depart from the previously-recognized and established definitions of "free"[fn11] software and "open source"[fn12] software. +Reasons For Enhancing "Free" and "Open-Source" Licensing: Developing a +new software license is never a trivial task and this License +Agreement has presented special challenges for Hacktivismo. Because of +our human rights objectives, this License Agreement includes some +specific terms and conditions that, as a technical matter, depart from +the previously-recognized and established definitions of "free"[fn11] +software and "open source"[fn12] software. [fn11] http://www.gnu.org/philosophy/free-sw.html [fn12] http://www.opensource.org/docs/definition_plain.php -We have therefore coined the term "enhanced source" to describe this License Agreement because we have sought to combine most of the freedom-promoting benefits of "free" or "open-source" software (including mandatory disclosure of any changes or modifications Licensees make to the source code, whenever they release modified versions of HESSLA-licensed Programs or other Derivative Works), with additional enhanced license and contractual terms that are intended to promote the freedom of end-users. The Hacktivismo Enhanced-Source Software License Agreement promotes our objectives in an enhanced manner by including contractual terms that empower both Hacktivismo and qualified end-users with greater flexibility and leverage to maintain and recover human rights, through the mechanism of the contract itself including terms that are designed to enhance both our enforcement posture and that of qualified end-users in court. - -To be sure, Hacktivismo enthusiastically endorses and supports the goals and objectives of the Free Software movement and those of the open source community. In particular, we owe a special debt of gratitude to the Free Software Foundation, to the Open Source Initiative, and to many exceedingly talented people who have contributed to Free Software and open source projects and endeavors over the years. - -Ultimately, however, after reviewing the field of possibilities among previously-existing "open source" and "free" licenses, Hacktivismo has concluded that none of them fully meets our requirements. Writing our own License Agreement enables us to pursue our human rights objectives more effectively. This licensing endeavor represents a first step toward achieving our objectives, and no doubt informed feedback, scholarship, and learned commentary will enable us to pursue our objectives even more effectively in the future. - -Benefits That Carry Over From Free Software: Before we explain how an "enhanced source" License Agreement specifically differs from a "free" or "open source" license, we believe it is helpful to explain in greater detail what the principal advantages, and freedom-enhancing aspects, of "free" software are. - -When we speak of "free software," we refer to important personal freedoms, and not price. In addition to terms that are intended to promote the freedoms of Expression, Thought, Collective Action and Privacy (along with other human rights) of all end-users, the Hacktivismo Enhanced-Source Software License Agreement is also designed and intended to promote the following freedoms: - -· You have the freedom to distribute copies of the software (and charge for this service if You wish); - -· You have the freedom of access to the source code, to inspect and verify (and even to improve, if You can) the integrity and functionality of the software; - -· So long as You do not subvert or infringe the freedoms of end-users by doing so, You have the freedom to change the software or to use parts of it in new Programs; +We have therefore coined the term "enhanced source" to describe this +License Agreement because we have sought to combine most of the +freedom-promoting benefits of "free" or "open-source" software +(including mandatory disclosure of any changes or modifications +Licensees make to the source code, whenever they release modified +versions of HESSLA-licensed Programs or other Derivative Works), with +additional enhanced license and contractual terms that are intended to +promote the freedom of end-users. The Hacktivismo Enhanced-Source +Software License Agreement promotes our objectives in an enhanced +manner by including contractual terms that empower both Hacktivismo +and qualified end-users with greater flexibility and leverage to +maintain and recover human rights, through the mechanism of the +contract itself including terms that are designed to enhance both our +enforcement posture and that of qualified end-users in court. + +To be sure, Hacktivismo enthusiastically endorses and supports the +goals and objectives of the Free Software movement and those of the +open source community. In particular, we owe a special debt of +gratitude to the Free Software Foundation, to the Open Source +Initiative, and to many exceedingly talented people who have +contributed to Free Software and open source projects and endeavors +over the years. + +Ultimately, however, after reviewing the field of possibilities among +previously-existing "open source" and "free" licenses, Hacktivismo has +concluded that none of them fully meets our requirements. Writing our +own License Agreement enables us to pursue our human rights objectives +more effectively. This licensing endeavor represents a first step +toward achieving our objectives, and no doubt informed feedback, +scholarship, and learned commentary will enable us to pursue our +objectives even more effectively in the future. + +Benefits That Carry Over From Free Software: Before we explain how an +"enhanced source" License Agreement specifically differs from a "free" +or "open source" license, we believe it is helpful to explain in +greater detail what the principal advantages, and freedom-enhancing +aspects, of "free" software are. + +When we speak of "free software," we refer to important personal +freedoms, and not price. In addition to terms that are intended to +promote the freedoms of Expression, Thought, Collective Action and +Privacy (along with other human rights) of all end-users, the +Hacktivismo Enhanced-Source Software License Agreement is also +designed and intended to promote the following freedoms: + +· You have the freedom to distribute copies of the software (and + charge for this service if You wish); + +· You have the freedom of access to the source code, to inspect and + verify (and even to improve, if You can) the integrity and + functionality of the software; + +· So long as You do not subvert or infringe the freedoms of + end-users by doing so, You have the freedom to change the + software or to use parts of it in new Programs; · You have the freedom to know You can do these things. -The licenses for most computer software programs are designed to take away Your freedom to share software or change source code. This kind of software is designated as proprietary or "closed." The Hacktivismo Enhanced-Source Software License Agreement -- like other license agreements that have served as inspiration for our work -- is intended to promote both Your freedom to share our software with others, and Your freedom to change and improve the software. Your right under this License Agreement to look at the source not only enables You to contribute Your own efforts to Hacktivismo's human rights projects, but also serves as an additional level of assurance to You as an end-user that unwelcome, hidden surprises have not been inserted into the software, that could compromise Your rights and freedoms when You use the software. - -HESSLA Helps Safeguard Additional End-User Freedoms: In order to understand why this License Agreement must be described as "enhanced source," and cannot strictly speaking be considered either a "free" or "open source" license agreement, it is helpful to consider the possibility that a programmer might insert malicious code, such as a computer virus, a keystroke logger, or "spyware" into a program that has previously been released under a "free software" license agreement.[fn13] The act of inserting malicious code into software, if done by a private individual or company (though many governments will contend they are not required to play by the same rules as the rest of us), may well violate criminal laws and result in civil tort liability. It is, of course, also possible to deter such malicious behavior by including, in a software license agreement, a specific contractual term that prohibits such behavior meaning that any licensee who violates the prohibition against malicious code can be sued by the licensor (or by third-party beneficiaries who the licensor has explicitly identified as alternate or additional enforcers of the agreement) for money damages and a court order forbidding any continued violation. - -[fn13]In this regard, a the following hypothetical illustration should be particularly helpful. If an organization of computer security enthusiasts were to release, under the GNU General Public License ("GPL"), a program called "Grey Eminence 3000" ("GE3K") a remote-administration tool for Microsoft Windows, that helps illustrate how insecure this particular commercial product happens to be it should hardly be surprising that the United States Secret Service and Federal Bureau of Investigation, after making some loud and misleading apocalyptic noises about "computer hackers" to Congress and in the media (primarily in a largely successful effort to increase their technology budgets), would also study the software to see what it does, how it does it, and whether any of those capabilities happen to be features that law enforcement might find helpful. Of course, if the U.S. federal law enforcement community were to announce, several months later, that it had commissioned the development of "classified" quasi-viral computer-intrusion and surveillance software called "Magic Candle" the capabilities of which law enforcement does not plan to disclose to the public, and the source code for which will remain a closely-guarded secret then inquiring minds might become curious as to whether "Magic Candle" contains any of the GPLed code that was written for "GE3K" (or any other free or open-source software, for that matter). Needless to say, under the right factual circumstances, if any GPLed code from GE3K found its way into "Magic Candle," then the U.S. government or its software development contractor might well be obligated to reveal to the public all the source code for "Magic Candle." Nevertheless, so long as the "Magic Candle" source is never publicly released for comparison purposes, then everyone with legitimate questions about GPL compliance faces a chicken-and-egg problem. So long as the source of "Magic Candle" remains secret, detection of a GPL violation becomes dramatically more difficult (particularly so if, additionally, nobody outside law enforcement has access to the compiled executables), which means the worldwide community of Internet users and software developers has only the United States government's solemn assurance that no GE3K code was used cold comfort at best. - -Previous Licenses Provide More Limited Protection Against Government and Other Surveillance: No software license agreement that qualifies as "free" or "open source" may contain any restriction as a term of the license agreement that in any way qualifies any Licensee's prerogative (no matter who they are or what their motives may be) to make changes to code. In other words, an "open source" license agreement, to qualify for the "open source" label, may not even contain a term that prohibits the insertion of destructive viruses or "trojan horses" into derivative code. Likewise, no "free" or "open source" license agreement can in any way contain (as a license term) any restriction on the use of software not even a prohibition against unlawful surveillance or other malicious uses of the software. - -The "open source" and "Free Software" communities rely principally on voluntary compliance[fn14] with the disclosure provisions of license agreements (although many "free" and "open source" license agreements, such as BSD-style licenses, do not require changed code to be disclosed, and in fact enable modified versions of programs to be "taken proprietary") and on social mechanisms of enforcement, as means to detect, prevent, deter, and remedy abuses. - -[fn14]As the example in Note 13 illustrates, it is sometimes difficult to determine whether the source disclosure requirement of the GPL has been violated, such as when a modified version of a program has been distributed without source, precisely because detection of a disclosure violation depends in part on the disclosure of the source of derivative works in order to compare whether a putative derivative really does contain code derived from a GPLed parent work. - -The Hacktivismo Enhanced-Source Software License Agreement does not in any way sacrifice or surrender the enforcement techniques and safeguards available under license agreements such as the GNU General Public License. Rather, the HESSLA enhances the options available to Hacktivismo and to qualified end-users, by providing additional enforcement options. Moreover, for the purpose of promoting the freedoms of both programers and end-users, through the enforced mandatory disclosure of code modified by third-parties, this License Agreement has advantages over many of the licenses (such as BSD-style licenses) that fully qualify as "free" or "open-source" license agreements. - -What makes this License Agreement an "enhanced source" License Agreement, instead of a "free software" license agreement, is that the Hacktivismo Enhanced-Source Software License Agreement contains specific, very limited restrictions on modification and use of software by Licensees, as part of a calculated trade-off of rights and responsibilities that is intended to promote the freedom of end-users. - -The Enhanced-Source Bargain Reinforces End-User Freedoms: To protect Your rights, we need to make restrictions that forbid anyone to deny You specific rights or to ask You to surrender these rights. To protect Your human rights as an end-user of this program or any work based on it, we need to make restrictions that forbid You and all other Licensees of this software (including, without limitation, any government Licensees) from using this code to subvert the human rights of any end-user. - -We protect Your rights and the rights of all end-users with two steps: (1) copyright the software, and (2) offer You this License Agreement which gives You qualified legal permission to copy, distribute and/or modify the software. - -The restrictions shared by all Licensees translate into certain responsibilities for You and for everyone else (including governmental entities everywhere) if You distribute copies of the software, if You use it, or if You modify it. - -In this regard, the methodology we employ is not materially different from the methodology Free Software Foundation employs in the GNU General Public License (the "GPL"). The methodology is to exchange the Author's permission to copy, change, and/or distribute a copyrighted work, for every Licensee's acceptance of terms and conditions that promote the licensor's objectives. In both this License Agreement and the GPL, the terms and conditions that each Licensee must accept are intended to discriminate against certain very narrow, limited kinds of human endeavor, that are inconsistent with the licensor's political objectives. In other words, the GPL requires each Licensee to promise not to engage in the activity of 'propertizing,' or 'taking proprietary,' modifications to GPLed code; modified code must also be released under the GPL, and cannot be released in the form of "closed" executables, or otherwise be made "proprietary." Likewise, the Hacktivismo Enhanced Source Software License Agreement discriminates against undesirable activity such as surveillance, introduction of certain kinds of malicious code, and human rights violations, as well as discriminating against "propertizing" behavior such as might violate the GPL. Subject to these narrow restrictions, Licensees under either license agreement enjoy very broad latitude to change, use, explore, modify, and distribute the software much broader than they would enjoy with typical "proprietary" software packages. - -As with "copyleft" licenses such as the GPL, under the Hacktivismo Enhanced Source Software License Agreement, programmers (including, most importantly, programmers working for governments) do not have unfettered or completely unlimited "freedom" for purposes of what they can do with HESSLA-licensed code. Just as with the GPL, they do not have the "freedom" to convert HESSLA-licensed code into "closed" or "proprietary" code. People who create derivative works based on an HESSLA-licensed program and distribute those works have a corresponding obligation to "give back," and not merely to "take," HESSLA-licensed code. - -If You distribute copies of such an HESSLA-licensed program, whether gratis or for a fee, You must give the recipients all the rights and responsibilities that You have. You must ensure that they, too, are told of the terms of this License Agreement, including the freedoms they have, and the kinds of uses and modifications that are forbidden. You must communicate a copy of this License Agreement to them as part of any copy, modification, or re-use of source or object code, so they know their rights and responsibilities. - -Thus, the main difference between this License Agreement and the GPL is not the methodology we employ,[fn15] but the scope and breadth of the political objectives we seek to promote. Simply put, the political objectives we promote are somewhat broader than the explicit political goals that the Free Software Foundation seeks to promote through the GPL. Our goals include a somewhat broader range of human rights than the specific copyright-related rights with which the GPL is principally concerned. But, while we are concerned with the entire field of human rights rather than a subset, we want to make it perfectly clear that we also embrace, share, and seek to promote, the goals we share with the Free Software movement. - -[fn15] There is a modest difference, but it is not large, and mostly philosophical. Some experts on the GPL draw a distinction between a "contract" and a pure "license," by taking the position that a pure "license" does not impose "contractual" conditions on a Licensee only conditions that would otherwise (but for the license) be subsumed within with exclusive rights that the licensor has under copyright law. Thus, the licensor has the right to exclude anyone else from such activities as making copies, making derivative works, publicly performing a work, and other exclusive rights specified by statute. But, concerning the act of "using" a computer software program, in instances in which a copy is not made (or, in the trivial sense that a copy is made only temporarily from a storage medium to memory, to enable software to be "used"), the Free Software Foundation takes the position that United States law, at least, does not confer an exclusive right on the copyright holder (or, as others would argue, the United States statute qualifies the holder's exclusive right to copy),because the U.S. Copyright Act specifically exempts from the exclusive right to make copies, a copy made from (for example) a computer hard drive to volatile memory, in connection with the process of executing computer software. So far as we can determine, the Free Software Foundation does not argue that it is impossible "contractually" to impose conditions on use, as part of the bargain one strikes, when conditionally allowing Licensees to make copies of a program. Rather, for philosophical reasons, the Free Software Foundation voluntarily chooses not to include what it views as "contractual" conditions in the GPL. In this sense, Hactivismo takes the position that the HESSLA is clearly a "contract" and contains "contractual" terms, such that it should not be considered a "pure license," under the nomenclature employed by the Free Software Foundation. However, in our view, precisely because both the HESSLA and the GPL are clearly conditional grants of permission to do things from which the Licensee would otherwise be excluded (i.e., the Licensee must undertake certain obligations in exchange for permission to copy, modify, or distribute, a work), the key point is that the methodology is quite similar. - -Compared with the GPL, aspects of the HESSLA give both end-users and programmers (including, most importantly, governmental end-users and programmers) marginally less leeway to make malicious use of the program, or to insert malicious code into a program, than they would have under a traditional "copyleft" software license. These aspects of the HESSLA (such as the requirement that the program cannot be used to violate human rights, or forbidding the insertion of "spy-ware" or surveillance mechanisms into derivative works) are included because our ultimate objective is to preserve and promote the human rights of end-users, including their privacy and their right of free expression. - -In other words, unlike many programmers, we are not just in the business of developing and distributing open-standards technologies. We're also trying to empower end-users (including end-users in totalitarian regimes) with software tools that promote fundamental freedoms while also seeking as best we can to protect these end-users from being arrested, beaten, or worse. Our objective of promoting end-user freedoms, including the freedoms of people in politically repressive countries, is precisely the factor that has led Hacktivismo to develop this License Agreement instead of using another. - -The HESSLA Also Includes Features To Enhance Government Accountability: To this end, we have sought and intend to ensure, to the fullest extent that law (including, without limitation, the law of contract and of copyright licensing) enables us to do so,[fn16] that no government or other institution may do anything with this computer software or the underlying source code without becoming a Licensee bound by the terms of this License Agreement, subject to the same restrictions on modification and use as anyone else. - -[fn16] "Everyone has the right to an effective remedy by the competent national tribunals for acts violating . . . fundamental rights . . ." Article 8, United Nations Declaration of Human Rights. - -Accordingly, this License Agreement includes several terms that are aimed explicitly at governmental entities, in order to maximize enforceability against such entities. Respect for the Rule of Law means that no governmental entity is above the law, and that no governmental entity should be permitted to use its status as a mechanism for circumventing the requirements of this License Agreement. - -Any use, copying or modification of this software by any governmental official or governmental entity anywhere in the world is a voluntary act, which act the governmental official or entity is free to forego if it does not wish to be bound by this License Agreement. This License Agreement seeks to establish as clearly as possible two important checks on the improper use of government power. First, the voluntary election to use, copy, or modify, this software by any government or governmental official constitutes a waiver of all immunities that might otherwise be asserted, against enforcement of this License Agreement by the Author, or assertion by end-users or others of any human rights laws that may have been violated by a government employing the Software. Second, any such government or governmental official not only subjects itself to enforcement action in its own courts, but also explicitly and voluntarily subjects itself to enforcement action in the courts of other nations that are likely to be more objective, for the purpose of giving effect to the terms of this License Agreement. - -Mechanism of Contract Acceptance: This License Agreement treats any use of the software as acceptance of the terms of this License Agreement. To understand the significance of this, it is important to distinguish between the law governing copyright and the law governing offer and acceptance for the purpose of contract formation (which gives the offeror the power to specify the manner of acceptance). The question of whether copyright confers an exclusive right of use on the author of a program is certainly an interesting one. Under United States law, see 17 U.S.C. 117(a)(1), a limited exception to the exclusive right to copy exists if one makes a second copy "created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner." This License Agreement presupposes that there is no exclusive right to use in the Copyright Act, just an exclusive right to copy. However, You may not make a copy for anyone else unless they are subject to the terms of this License Agreement. Nor may You permit anyone to use Your copy or any other copy You have made unless they are subject to the terms of this License Agreement. You may not make a copy for Your own use or the use of anyone else without the Author's leave to make that copy. And any use, modification, copying, or distribution by anyone constitutes acceptance of the License Agreement, for purposes of contract law. In other words, the License Agreement is designed so that there is no loophole permitting anyone to claim the ability to use, copy, distribute, or modify the Program or any Software based on it without subjecting themselves voluntarily to its terms. - -On "Shrinkwrap," "Click-Wrap," "Use-Wrap" and "Copy-Wrap" License Agreements: Arguably, some kinds of software license agreements have more in common with legislation than they do with the bargained-for, negotiated agreements that come to mind when most people think of "contracts." Particularly if a software licensor has sufficient market power to be deemed a monopoly, or if certain proposed expansions of the law of software licensing, masquerading as "codifications," are widely adopted, the ability of a private entity to impose legal prohibitions and duties on virtually everyone else as though the licensor has assumed powers that customarily belong to legislative bodies is both breathtaking and deeply troubling. Of course, we are hardly the first to distribute software under a license agreement that imposes conditions on a take-it-or-leave-it basis. This technique is, as everyone knows, extremely common with proprietary software. And some of the conditions unilaterally imposed by proprietary licensors range from the ridiculous to the obscene. But even certain kinds of "free" and "open-source" software licenses, such as the GPL, depend on the continued viability of legal rules that enable at least some reasonable conditions to be imposed by software licensors on a take-it-or-leave-it basis, with essentially automated methods of acceptance. Courts have been divided as to how far these kinds of licensor-driven automated agreements can go. And we cannot say that we will be unhappy if courts or legislatures ultimately reach a consensus that sharply limits what conditions licensors can impose through such mechanisms. However, while the law is still developing, we think nothing could be more appropriate than to enlist the techniques that institutions of power have used to limit freedom and instead to re-purpose the techniques of "copy-wrap" or "use-wrap" licensing by putting them to use for humanitarian purposes and using them to promote the human rights of end-users. To deny us the use of these techniques, courts and other law-making institutions would be required simultaneously to disarm, to the same degree, proprietary software manufacturers that possess vast market power. And, unlike the conditions imposed by many proprietary vendors, the conditions we impose through this License Agreement are hardly onerous for any end-user (unless, of course, the end-user wants to act maliciously or engage in surveillance). - -No Warranty: Next, for each author's protection and our own, we want to make certain that everyone understands that there is no warranty for this software. And, if the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations. - -Software Patents: Software patents constantly threaten any project such as this one. We wish to avoid the danger that redistributors of a HESSLA-licensed program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have included terms by which any Author must, if it has patented (or licensed a patent covering) any technology embodied in any Program or Software released under this License Agreement, grant all HESSLA Licensees of the Program or Software a royalty-free license of that technology. Any Licensees who release derivative works, as permitted by this License Agreement, are required to grant a royalty-free patent license of any patented technology. - -Anyone Can Release Original Software Under The HESSLA: Although this License Agreement is drafted with Hacktivismo's objectives in mind, perhaps it will meet other authors' needs as well. If You are considering using this License Agreement for Your own software (meaning the code is not a work based on Hacktivismo's program in which case all derivative works must be released under this License Agreement but rather Your code is original software that You have developed yourself) and if You have no special reason to prefer this License Agreement to some license that has a more robust and widely-understood track-record, then in most instances we encourage You to use the GPL (or, even better, release concurrently under both the HESSLA and the GPL), because a considerable body of interpretive literature and community custom has grown up around that License Agreement. The Open Software License, see < http://www.rosenlaw.com/osl.html >, is newer and has less of a track record. But You may also want to consider that licensing option (as well as the option of concurrent OSL/HESSLA licensing). - -Any author of original software can release that software under this License Agreement, if You choose to do so; not just Hacktivismo. Hacktivismo is the author and owner of software released by Hacktivismo under this License Agreement. But original software released by other Authors would be owned and licensed by them. - -Ultimately, we think it is important to emphasize to other Authors that Programs they have written can be released under both the HESSLA and some other license simultaneously (for, example, a program that is presently GPLed by its Author can be released simultaneously under both the GPL and the HESSLA, at the Author's discretion). If You are an Author of original work, You need neither the permission of the Free Software Foundation nor of Hacktivismo to elect to release software simultaneously under both licenses. The advantage of such a voluntary double-licensing is that it will enable developers to produce hybrid software packages (combining the functionality available through, say, Hacktivismo's Six-Four APIs, with some of the functionality of one or more popular GPL-licensed communications programs) and to release the hybrid packages under the HESSLA, without causing those developers to run afoul of the GPL, the HESSLA or both. Such an arrangement maximizes the potential benefit to both the developer community and to end-users worldwide. Software released under a BSD-style license, as a general matter, can be used to produce a hybrid program, mixing HESSLA-licensed code with code that was previously subject to a BSD license. The HESSLA requires that, in such an instance, the hybrid code must be released under the HESSLA (to avoid weakening the end-user protections and affirmative rights afforded by the HESSLA). Hacktivismo is more than happy to consult with any software developer about the license terms that should apply to any Software that is derivative of any Program of which Hacktivismo is Author. If another Author has released code under the HESSLA, then that Author has primary decision-making authority about the manner in which his her or its software is licensed, but Hacktivismo is happy to field any questions hat may be posed by such an Author or by any developer who is building on another Author's HESSLAed code. - -License Revisions: This License Agreement is subject to revision, prior to the release of the Hacktivismo Enhanced-Source Software License Agreement, Version 1.0. We invite interested parties from the international academic and legal communities to offer comments and suggestions on ways to improve this License Agreement, prior to the time that The HESSLA version 1.0 is released. - -The terms of the latest and most up-to-date version of this License Agreement, up to and including version 1.0, shall be deemed automatically to supersede the terms of any lower-numbered version of this License Agreement with respect to any Licensee who became a Licensee under the lower-numbered version of the HESSLA. - -The terms of the latest and most up-to-date version of this License Agreement will always be published on the Hacktivismo Website, http://www.hacktivismo.com/. - -The precise terms and conditions for copying, distribution, use and modification follow. +The licenses for most computer software programs are designed to take +away Your freedom to share software or change source code. This kind +of software is designated as proprietary or "closed." The Hacktivismo +Enhanced-Source Software License Agreement -- like other license +agreements that have served as inspiration for our work -- is intended +to promote both Your freedom to share our software with others, and +Your freedom to change and improve the software. Your right under this +License Agreement to look at the source not only enables You to +contribute Your own efforts to Hacktivismo's human rights projects, +but also serves as an additional level of assurance to You as an +end-user that unwelcome, hidden surprises have not been inserted into +the software, that could compromise Your rights and freedoms when You +use the software. + +HESSLA Helps Safeguard Additional End-User Freedoms: In order to +understand why this License Agreement must be described as "enhanced +source," and cannot strictly speaking be considered either a "free" or +"open source" license agreement, it is helpful to consider the +possibility that a programmer might insert malicious code, such as a +computer virus, a keystroke logger, or "spyware" into a program that +has previously been released under a "free software" license +agreement.[fn13] The act of inserting malicious code into software, if +done by a private individual or company (though many governments will +contend they are not required to play by the same rules as the rest of +us), may well violate criminal laws and result in civil tort +liability. It is, of course, also possible to deter such malicious +behavior by including, in a software license agreement, a specific +contractual term that prohibits such behavior meaning that any +licensee who violates the prohibition against malicious code can be +sued by the licensor (or by third-party beneficiaries who the licensor +has explicitly identified as alternate or additional enforcers of the +agreement) for money damages and a court order forbidding any +continued violation. + +[fn13]In this regard, a the following hypothetical illustration should +be particularly helpful. If an organization of computer security +enthusiasts were to release, under the GNU General Public License +("GPL"), a program called "Grey Eminence 3000" ("GE3K") a +remote-administration tool for Microsoft Windows, that helps +illustrate how insecure this particular commercial product happens to +be it should hardly be surprising that the United States Secret +Service and Federal Bureau of Investigation, after making some loud +and misleading apocalyptic noises about "computer hackers" to Congress +and in the media (primarily in a largely successful effort to increase +their technology budgets), would also study the software to see what +it does, how it does it, and whether any of those capabilities happen +to be features that law enforcement might find helpful. Of course, if +the U.S. federal law enforcement community were to announce, several +months later, that it had commissioned the development of "classified" +quasi-viral computer-intrusion and surveillance software called "Magic +Candle" the capabilities of which law enforcement does not plan to +disclose to the public, and the source code for which will remain a +closely-guarded secret then inquiring minds might become curious as to +whether "Magic Candle" contains any of the GPLed code that was written +for "GE3K" (or any other free or open-source software, for that +matter). Needless to say, under the right factual circumstances, if +any GPLed code from GE3K found its way into "Magic Candle," then the +U.S. government or its software development contractor might well be +obligated to reveal to the public all the source code for "Magic +Candle." Nevertheless, so long as the "Magic Candle" source is never +publicly released for comparison purposes, then everyone with +legitimate questions about GPL compliance faces a chicken-and-egg +problem. So long as the source of "Magic Candle" remains secret, +detection of a GPL violation becomes dramatically more difficult +(particularly so if, additionally, nobody outside law enforcement has +access to the compiled executables), which means the worldwide +community of Internet users and software developers has only the +United States government's solemn assurance that no GE3K code was used +cold comfort at best. + +Previous Licenses Provide More Limited Protection Against Government +and Other Surveillance: No software license agreement that qualifies +as "free" or "open source" may contain any restriction as a term of +the license agreement that in any way qualifies any Licensee's +prerogative (no matter who they are or what their motives may be) to +make changes to code. In other words, an "open source" license +agreement, to qualify for the "open source" label, may not even +contain a term that prohibits the insertion of destructive viruses or +"trojan horses" into derivative code. Likewise, no "free" or "open +source" license agreement can in any way contain (as a license term) +any restriction on the use of software not even a prohibition against +unlawful surveillance or other malicious uses of the software. + +The "open source" and "Free Software" communities rely principally on +voluntary compliance[fn14] with the disclosure provisions of license +agreements (although many "free" and "open source" license agreements, +such as BSD-style licenses, do not require changed code to be +disclosed, and in fact enable modified versions of programs to be +"taken proprietary") and on social mechanisms of enforcement, as means +to detect, prevent, deter, and remedy abuses. + +[fn14]As the example in Note 13 illustrates, it is sometimes difficult +to determine whether the source disclosure requirement of the GPL has +been violated, such as when a modified version of a program has been +distributed without source, precisely because detection of a +disclosure violation depends in part on the disclosure of the source +of derivative works in order to compare whether a putative derivative +really does contain code derived from a GPLed parent work. + +The Hacktivismo Enhanced-Source Software License Agreement does not in +any way sacrifice or surrender the enforcement techniques and +safeguards available under license agreements such as the GNU General +Public License. Rather, the HESSLA enhances the options available to +Hacktivismo and to qualified end-users, by providing additional +enforcement options. Moreover, for the purpose of promoting the +freedoms of both programers and end-users, through the enforced +mandatory disclosure of code modified by third-parties, this License +Agreement has advantages over many of the licenses (such as BSD-style +licenses) that fully qualify as "free" or "open-source" license +agreements. + +What makes this License Agreement an "enhanced source" License +Agreement, instead of a "free software" license agreement, is that the +Hacktivismo Enhanced-Source Software License Agreement contains +specific, very limited restrictions on modification and use of +software by Licensees, as part of a calculated trade-off of rights and +responsibilities that is intended to promote the freedom of end-users. + +The Enhanced-Source Bargain Reinforces End-User Freedoms: To protect +Your rights, we need to make restrictions that forbid anyone to deny +You specific rights or to ask You to surrender these rights. To +protect Your human rights as an end-user of this program or any work +based on it, we need to make restrictions that forbid You and all +other Licensees of this software (including, without limitation, any +government Licensees) from using this code to subvert the human rights +of any end-user. + +We protect Your rights and the rights of all end-users with two steps: +(1) copyright the software, and (2) offer You this License Agreement +which gives You qualified legal permission to copy, distribute and/or +modify the software. + +The restrictions shared by all Licensees translate into certain +responsibilities for You and for everyone else (including governmental +entities everywhere) if You distribute copies of the software, if You +use it, or if You modify it. + +In this regard, the methodology we employ is not materially different +from the methodology Free Software Foundation employs in the GNU +General Public License (the "GPL"). The methodology is to exchange the +Author's permission to copy, change, and/or distribute a copyrighted +work, for every Licensee's acceptance of terms and conditions that +promote the licensor's objectives. In both this License Agreement and +the GPL, the terms and conditions that each Licensee must accept are +intended to discriminate against certain very narrow, limited kinds of +human endeavor, that are inconsistent with the licensor's political +objectives. In other words, the GPL requires each Licensee to promise +not to engage in the activity of 'propertizing,' or 'taking +proprietary,' modifications to GPLed code; modified code must also be +released under the GPL, and cannot be released in the form of "closed" +executables, or otherwise be made "proprietary." Likewise, the +Hacktivismo Enhanced Source Software License Agreement discriminates +against undesirable activity such as surveillance, introduction of +certain kinds of malicious code, and human rights violations, as well +as discriminating against "propertizing" behavior such as might +violate the GPL. Subject to these narrow restrictions, Licensees under +either license agreement enjoy very broad latitude to change, use, +explore, modify, and distribute the software much broader than they +would enjoy with typical "proprietary" software packages. + +As with "copyleft" licenses such as the GPL, under the Hacktivismo +Enhanced Source Software License Agreement, programmers (including, +most importantly, programmers working for governments) do not have +unfettered or completely unlimited "freedom" for purposes of what they +can do with HESSLA-licensed code. Just as with the GPL, they do not +have the "freedom" to convert HESSLA-licensed code into "closed" or +"proprietary" code. People who create derivative works based on an +HESSLA-licensed program and distribute those works have a +corresponding obligation to "give back," and not merely to "take," +HESSLA-licensed code. + +If You distribute copies of such an HESSLA-licensed program, whether +gratis or for a fee, You must give the recipients all the rights and +responsibilities that You have. You must ensure that they, too, are +told of the terms of this License Agreement, including the freedoms +they have, and the kinds of uses and modifications that are +forbidden. You must communicate a copy of this License Agreement to +them as part of any copy, modification, or re-use of source or object +code, so they know their rights and responsibilities. + +Thus, the main difference between this License Agreement and the GPL +is not the methodology we employ,[fn15] but the scope and breadth of +the political objectives we seek to promote. Simply put, the political +objectives we promote are somewhat broader than the explicit political +goals that the Free Software Foundation seeks to promote through the +GPL. Our goals include a somewhat broader range of human rights than +the specific copyright-related rights with which the GPL is +principally concerned. But, while we are concerned with the entire +field of human rights rather than a subset, we want to make it +perfectly clear that we also embrace, share, and seek to promote, the +goals we share with the Free Software movement. + +[fn15] There is a modest difference, but it is not large, and mostly +philosophical. Some experts on the GPL draw a distinction between a +"contract" and a pure "license," by taking the position that a pure +"license" does not impose "contractual" conditions on a Licensee only +conditions that would otherwise (but for the license) be subsumed +within with exclusive rights that the licensor has under copyright +law. Thus, the licensor has the right to exclude anyone else from such +activities as making copies, making derivative works, publicly +performing a work, and other exclusive rights specified by +statute. But, concerning the act of "using" a computer software +program, in instances in which a copy is not made (or, in the trivial +sense that a copy is made only temporarily from a storage medium to +memory, to enable software to be "used"), the Free Software Foundation +takes the position that United States law, at least, does not confer +an exclusive right on the copyright holder (or, as others would argue, +the United States statute qualifies the holder's exclusive right to +copy),because the U.S. Copyright Act specifically exempts from the +exclusive right to make copies, a copy made from (for example) a +computer hard drive to volatile memory, in connection with the process +of executing computer software. So far as we can determine, the Free +Software Foundation does not argue that it is impossible +"contractually" to impose conditions on use, as part of the bargain +one strikes, when conditionally allowing Licensees to make copies of a +program. Rather, for philosophical reasons, the Free Software +Foundation voluntarily chooses not to include what it views as +"contractual" conditions in the GPL. In this sense, Hactivismo takes +the position that the HESSLA is clearly a "contract" and contains +"contractual" terms, such that it should not be considered a "pure +license," under the nomenclature employed by the Free Software +Foundation. However, in our view, precisely because both the HESSLA +and the GPL are clearly conditional grants of permission to do things +from which the Licensee would otherwise be excluded (i.e., the +Licensee must undertake certain obligations in exchange for permission +to copy, modify, or distribute, a work), the key point is that the +methodology is quite similar. + +Compared with the GPL, aspects of the HESSLA give both end-users and +programmers (including, most importantly, governmental end-users and +programmers) marginally less leeway to make malicious use of the +program, or to insert malicious code into a program, than they would +have under a traditional "copyleft" software license. These aspects of +the HESSLA (such as the requirement that the program cannot be used to +violate human rights, or forbidding the insertion of "spy-ware" or +surveillance mechanisms into derivative works) are included because +our ultimate objective is to preserve and promote the human rights of +end-users, including their privacy and their right of free expression. + +In other words, unlike many programmers, we are not just in the +business of developing and distributing open-standards +technologies. We're also trying to empower end-users (including +end-users in totalitarian regimes) with software tools that promote +fundamental freedoms while also seeking as best we can to protect +these end-users from being arrested, beaten, or worse. Our objective +of promoting end-user freedoms, including the freedoms of people in +politically repressive countries, is precisely the factor that has led +Hacktivismo to develop this License Agreement instead of using +another. + +The HESSLA Also Includes Features To Enhance Government +Accountability: To this end, we have sought and intend to ensure, to +the fullest extent that law (including, without limitation, the law of +contract and of copyright licensing) enables us to do so,[fn16] that +no government or other institution may do anything with this computer +software or the underlying source code without becoming a Licensee +bound by the terms of this License Agreement, subject to the same +restrictions on modification and use as anyone else. + +[fn16] "Everyone has the right to an effective remedy by the competent +national tribunals for acts violating . . . fundamental rights . . ." +Article 8, United Nations Declaration of Human Rights. + +Accordingly, this License Agreement includes several terms that are +aimed explicitly at governmental entities, in order to maximize +enforceability against such entities. Respect for the Rule of Law +means that no governmental entity is above the law, and that no +governmental entity should be permitted to use its status as a +mechanism for circumventing the requirements of this License +Agreement. + +Any use, copying or modification of this software by any governmental +official or governmental entity anywhere in the world is a voluntary +act, which act the governmental official or entity is free to forego +if it does not wish to be bound by this License Agreement. This +License Agreement seeks to establish as clearly as possible two +important checks on the improper use of government power. First, the +voluntary election to use, copy, or modify, this software by any +government or governmental official constitutes a waiver of all +immunities that might otherwise be asserted, against enforcement of +this License Agreement by the Author, or assertion by end-users or +others of any human rights laws that may have been violated by a +government employing the Software. Second, any such government or +governmental official not only subjects itself to enforcement action +in its own courts, but also explicitly and voluntarily subjects itself +to enforcement action in the courts of other nations that are likely +to be more objective, for the purpose of giving effect to the terms of +this License Agreement. + +Mechanism of Contract Acceptance: This License Agreement treats any +use of the software as acceptance of the terms of this License +Agreement. To understand the significance of this, it is important to +distinguish between the law governing copyright and the law governing +offer and acceptance for the purpose of contract formation (which +gives the offeror the power to specify the manner of acceptance). The +question of whether copyright confers an exclusive right of use on the +author of a program is certainly an interesting one. Under United +States law, see 17 U.S.C. 117(a)(1), a limited exception to the +exclusive right to copy exists if one makes a second copy "created as +an essential step in the utilization of the computer program in +conjunction with a machine and that it is used in no other manner." +This License Agreement presupposes that there is no exclusive right to +use in the Copyright Act, just an exclusive right to copy. However, +You may not make a copy for anyone else unless they are subject to the +terms of this License Agreement. Nor may You permit anyone to use Your +copy or any other copy You have made unless they are subject to the +terms of this License Agreement. You may not make a copy for Your own +use or the use of anyone else without the Author's leave to make that +copy. And any use, modification, copying, or distribution by anyone +constitutes acceptance of the License Agreement, for purposes of +contract law. In other words, the License Agreement is designed so +that there is no loophole permitting anyone to claim the ability to +use, copy, distribute, or modify the Program or any Software based on +it without subjecting themselves voluntarily to its terms. + +On "Shrinkwrap," "Click-Wrap," "Use-Wrap" and "Copy-Wrap" License +Agreements: Arguably, some kinds of software license agreements have +more in common with legislation than they do with the bargained-for, +negotiated agreements that come to mind when most people think of +"contracts." Particularly if a software licensor has sufficient market +power to be deemed a monopoly, or if certain proposed expansions of +the law of software licensing, masquerading as "codifications," are +widely adopted, the ability of a private entity to impose legal +prohibitions and duties on virtually everyone else as though the +licensor has assumed powers that customarily belong to legislative +bodies is both breathtaking and deeply troubling. Of course, we are +hardly the first to distribute software under a license agreement that +imposes conditions on a take-it-or-leave-it basis. This technique is, +as everyone knows, extremely common with proprietary software. And +some of the conditions unilaterally imposed by proprietary licensors +range from the ridiculous to the obscene. But even certain kinds of +"free" and "open-source" software licenses, such as the GPL, depend on +the continued viability of legal rules that enable at least some +reasonable conditions to be imposed by software licensors on a +take-it-or-leave-it basis, with essentially automated methods of +acceptance. Courts have been divided as to how far these kinds of +licensor-driven automated agreements can go. And we cannot say that we +will be unhappy if courts or legislatures ultimately reach a consensus +that sharply limits what conditions licensors can impose through such +mechanisms. However, while the law is still developing, we think +nothing could be more appropriate than to enlist the techniques that +institutions of power have used to limit freedom and instead to +re-purpose the techniques of "copy-wrap" or "use-wrap" licensing by +putting them to use for humanitarian purposes and using them to +promote the human rights of end-users. To deny us the use of these +techniques, courts and other law-making institutions would be required +simultaneously to disarm, to the same degree, proprietary software +manufacturers that possess vast market power. And, unlike the +conditions imposed by many proprietary vendors, the conditions we +impose through this License Agreement are hardly onerous for any +end-user (unless, of course, the end-user wants to act maliciously or +engage in surveillance). + +No Warranty: Next, for each author's protection and our own, we want +to make certain that everyone understands that there is no warranty +for this software. And, if the software is modified by someone else +and passed on, we want its recipients to know that what they have is +not the original, so that any problems introduced by others will not +reflect on the original authors' reputations. + +Software Patents: Software patents constantly threaten any project +such as this one. We wish to avoid the danger that redistributors of a +HESSLA-licensed program will individually obtain patent licenses, in +effect making the program proprietary. To prevent this, we have +included terms by which any Author must, if it has patented (or +licensed a patent covering) any technology embodied in any Program or +Software released under this License Agreement, grant all HESSLA +Licensees of the Program or Software a royalty-free license of that +technology. Any Licensees who release derivative works, as permitted +by this License Agreement, are required to grant a royalty-free patent +license of any patented technology. + +Anyone Can Release Original Software Under The HESSLA: Although this +License Agreement is drafted with Hacktivismo's objectives in mind, +perhaps it will meet other authors' needs as well. If You are +considering using this License Agreement for Your own software +(meaning the code is not a work based on Hacktivismo's program in +which case all derivative works must be released under this License +Agreement but rather Your code is original software that You have +developed yourself) and if You have no special reason to prefer this +License Agreement to some license that has a more robust and +widely-understood track-record, then in most instances we encourage +You to use the GPL (or, even better, release concurrently under both +the HESSLA and the GPL), because a considerable body of interpretive +literature and community custom has grown up around that License +Agreement. The Open Software License, see < +http://www.rosenlaw.com/osl.html >, is newer and has less of a track +record. But You may also want to consider that licensing option (as +well as the option of concurrent OSL/HESSLA licensing). + +Any author of original software can release that software under this +License Agreement, if You choose to do so; not just +Hacktivismo. Hacktivismo is the author and owner of software released +by Hacktivismo under this License Agreement. But original software +released by other Authors would be owned and licensed by them. + +Ultimately, we think it is important to emphasize to other Authors +that Programs they have written can be released under both the HESSLA +and some other license simultaneously (for, example, a program that is +presently GPLed by its Author can be released simultaneously under +both the GPL and the HESSLA, at the Author's discretion). If You are +an Author of original work, You need neither the permission of the +Free Software Foundation nor of Hacktivismo to elect to release +software simultaneously under both licenses. The advantage of such a +voluntary double-licensing is that it will enable developers to +produce hybrid software packages (combining the functionality +available through, say, Hacktivismo's Six-Four APIs, with some of the +functionality of one or more popular GPL-licensed communications +programs) and to release the hybrid packages under the HESSLA, without +causing those developers to run afoul of the GPL, the HESSLA or +both. Such an arrangement maximizes the potential benefit to both the +developer community and to end-users worldwide. Software released +under a BSD-style license, as a general matter, can be used to produce +a hybrid program, mixing HESSLA-licensed code with code that was +previously subject to a BSD license. The HESSLA requires that, in such +an instance, the hybrid code must be released under the HESSLA (to +avoid weakening the end-user protections and affirmative rights +afforded by the HESSLA). Hacktivismo is more than happy to consult +with any software developer about the license terms that should apply +to any Software that is derivative of any Program of which Hacktivismo +is Author. If another Author has released code under the HESSLA, then +that Author has primary decision-making authority about the manner in +which his her or its software is licensed, but Hacktivismo is happy to +field any questions hat may be posed by such an Author or by any +developer who is building on another Author's HESSLAed code. + +License Revisions: This License Agreement is subject to revision, +prior to the release of the Hacktivismo Enhanced-Source Software +License Agreement, Version 1.0. We invite interested parties from the +international academic and legal communities to offer comments and +suggestions on ways to improve this License Agreement, prior to the +time that The HESSLA version 1.0 is released. + +The terms of the latest and most up-to-date version of this License +Agreement, up to and including version 1.0, shall be deemed +automatically to supersede the terms of any lower-numbered version of +this License Agreement with respect to any Licensee who became a +Licensee under the lower-numbered version of the HESSLA. + +The terms of the latest and most up-to-date version of this License +Agreement will always be published on the Hacktivismo Website, +http://www.hacktivismo.com/. + +The precise terms and conditions for copying, distribution, use and +modification follow. TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION, USE AND/OR MODIFICATION -0. DEFINITIONS. The following are defined terms that, whenever used in this License Agreement, have the following meanings: - -0.1 Author: "Author" shall mean the copyright holder of an Original Work (the "Program") released by the Author under this License Agreement. - -0.2 Copy: "Copy" shall mean everything and anything that constitutes a copy according to copyright law, without limitation. A "copy" does not become anything other than a "copy" merely because, for example, a governmental or institutional employee duplicates the Program or a part of it for another employee of the same institution or Governmental Entity, or merely because it is copied from one computer to another, or from one medium to another, or multiple copies are made on the same medium, within the same institutional or Governmental Entity. - -0.3 Derivative Work: A "Derivative Work" or "work based on the Program" shall mean either the Program itself or any work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification."). In the unlikely event that, and to the extent that, this contractual definition of "Derivative Work" is later determined by any tribunal or dispute-resolution body to be different is scope from the meaning of "derivative work" under the copyright law of any country, then the broadest and most encompassing possible definition either the contractual definition of "Derivative Work," or any broader and more encompassing statutory or legal definition, shall control. Acceptance of this contractually-defined scope of the term "Derivative Work" is a mandatory pre-condition for You to receive any of the benefits offered by this License Agreement. - -0.3.1 Mere aggregation of another work not based on the Program with the Program (or with a Derivative Work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License Agreement. - -0.4 License Agreement: When used in this License Agreement, the terms "this License" or "this License Agreement" shall mean The Hactivismo Enhanced-Source Software License Agreement, v. 0.1, or any subsequent version made applicable under the terms of Section 15. - -0.5 Licensee: The term "Licensee" shall mean You or any other Licensee, whether or not a Qualified Licensee. - -0.6 Original Work: "Original Work" shall mean a Program or other work of authorship, or portion thereof, that is not a Derivative Work. - -0.7 Program: The "Program," to which this License Agreement applies, is the Original Work (including, but not limited to, computer software) released by the Author under this License Agreement. - -0.8 Qualified Licensee: A "Qualified Licensee" means a Licensee that remains in full compliance with all terms and conditions of this License Agreement. You are no longer a Qualified Licensee if, at any time, You violate any terms of this License Agreement. Neither the Program nor any Software based on the Program may be copied, distributed, performed, displayed, used or modified by You, even for Your own purposes, unless You are a Qualified Licensee. A Licensee other than a Qualified Licensee remains subject to all terms and conditions of this License Agreement, and to all remedies for each cumulative violation as set forth herein. Loss of the status of Qualified Licensee signifies that violation of any terms of the License Agreement subjects a Licensee to loss of most of the benefits that Qualified Licensees enjoy under this License Agreement, and to additional remedies for all violations occurring after the first violation. - -0.9 Software: "Software" or "the Software" shall mean the Program, any Derivative Work based on the Program or a portion thereof, and/or any modified version of the Program or portion thereof, without limitation. - -0.10 Source Code: The term "Source Code" shall mean the preferred form of a Program or Original Work for making modifications to it and all available documentation describing how to access and modify that Program or Original Work. - -0.10.1 For an executable work, complete Source Code means all the Source Code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the Source Code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. - -0.10.2 "Object Code:" Because of certain peculiarities of current export-control rules, "object code" of the Program, or any modified version of the Program, or Derivative Work based on the Program, must not be exported except by way of distribution that is ancillary to the distribution of the Source Code. The "Source Code" shall be understood as the primary content transferred or exported by You, and the "object code" shall be considered as merely an ancillary component of any such export distribution. - -0.11 Strong Cryptography: "Strong Cryptography" shall mean cryptography no less secure than (for example, and without limitation) a 2048-bit minimum key size for RSA encryption, 1024-bit minimum key size for Diffie-Hellman (El Gamal), or a 256-bit minimum key size for AES and similar symmetric ciphers. - -0.12 Substandard Key-Selection Technique: The term "Substandard Key-Selection Technique" shall mean a method or technique to cause encryption keys to be more easily guessed or less secure, such as by (i) causing the selection of keys to be less than random, or (ii) employing a selection process that selects among only a subset of possible keys, instead of from among the largest set of possible keys that can securely be used consistent with contemporary knowledge about the cryptographic techniques employed by You. The following illustrations elaborate on the foregoing definition: - -0.12.1 If the key-generation or key-selection technique for the encryption algorithm You employ involves the selection of one or more prime numbers, or involves one or more mathematical functions or concatenations performed on one or more prime numbers, then each prime number should be selected from a very large set of candidate prime numbers, but not necessarily from the set of all possible prime numbers (e.g., inclusion of the number 1 in the candidate set, for example, may in some instances reduce rather than enhance security), and absolutely not from any artificially small set of candidate primes that makes the guessing of a key easier than would be the case if a secure key-generation technique were employed. In all instances, the primes should be selected at random from among the candidate set. If there is a customary industry standard for maximizing the security associated with the key-generation or key-selection technique for the cryptosystem You select, then (with attention also to the requirements of Section 0.11), You should employ a key-generation or selection technique no less secure than the customary industry standard for secure use of the cryptosystem. - -0.12.2 If the key-generation or key-selection technique for the encryption algorithm You employ involves the selection of a random integer, or the transformation of a random integer through one or more mathematical processes, then the selection of the integer shall be at random from the largest possible set of all possible integers consistent with the secure functioning of the encryption algorithm. It shall not be selected from an artificially small set of integers (e.g., if a 256-bit random integer serves as the key, then You could not set 200 of the 256 bits as "0," and randomly generate only the remaining 56 bits producing effectively a 56-bit keylength instead of using the full 256 bits). - -0.12.3 In other words, Your key-generation technique must promote security to the maximum extent permitted by the cryptographic method(s) and keylength You elect to employ, rather than facilitating eavesdropping or surveillance in any way. The example of GSM telephones, in which 16 of 56 bits in each encryption key were set at "0," thereby reducing the security of the system by a factor of 65,536, is particularly salient. Such artificial techniques to reduce the security of a cryptosystem by selecting keys from only a less-secure or suboptimal subset of possible keys, is prohibited and will violate this License Agreement if any such technique is employed in any Software. - -0.13 You: Each Licensee (including, without limitation, Licensees that have violated the License Agreement and who are no longer Qualified Licensees, but who nevertheless remain subject to all requirements of this License Agreement and to all cumulative remedies for each successive violation), is referred to as "You." - -0.13.1 Governmental Entity: "You" explicitly includes any and all "Governmental Entities," without limitation. "Governmental Entity" or "Governmental Entities," when used in this License Agreement, shall mean national governments, sub-national governments (for example, and without limitation, provincial, state, regional, local and municipal governments, autonomous governing units, special districts, and other such entities), governmental subunits (without limitation, governmental agencies, offices, departments, government corporations, and the like), supra-national governmental entities such as the European Union, and entities through which one or more governments perform governmental functions or exercise governmental power in coordination, cooperation or unison. - -0.13.2 Governmental Person: "You" also explicitly includes "Governmental Persons." The terms "Governmental Person" or "Governmental Persons," when used in this License Agreement, shall mean the officials, officers, employees, representatives, contractors and agents of any Governmental Entity. - -1. Application of License Agreement. This License Agreement applies to any Program or other Original Work of authorship that contains a notice placed by the Author saying it may be distributed under the terms of this License Agreement. The preferred manner of placing such a notice is to include the following statement immediately after the copyright notice for such an Original Work: - -"Licensed under the Hacktivismo Enhanced-Source Software License Agreement, Version 0.1" - -2. Means of Acceptance Use, Copying, Distribution or Modification By Anyone Constitutes Acceptance. Subject to Section 14.1 (concerning the special case of certain Governmental Entities) any copying, modification, distribution, or use by You of the Program or any Software, shall constitute Your acceptance of all terms and conditions of this License Agreement. - -2.1 As a Licensee, You may not authorize, permit, or enable any person to use the Program or any Software or Derivative Work based on it (including any use of Your copy or copies of the Program) unless such person has accepted this License Agreement and has become a Licensee subject to all its terms and conditions. - -2.2 You may not make any copy for Your own use unless You have accepted this License Agreement and subjected yourself to all its terms and conditions. - -2.3 You may not make a copy for the use of any other person, or transfer a copy to any other person, unless such person is a Licensee that has accepted this License Agreement and such person is subject to all terms and conditions of this License Agreement. - -2.4 It is not the position of Hacktivismo that copyright law confers an exclusive right to use, as opposed to the exclusive right to copy the Software. However, for purposes of contract law, any use of the Software shall be considered to constitute acceptance of this License Agreement. Moreover, all copying is prohibited unless the recipient of a copy has accepted the License Agreement. Because each such recipient Licensee is contractually obligated not to permit anyone to access, use, or secure a copy of the Software, without first accepting the terms and conditions of this License Agreement, use by non-Licensees is effectively prohibited contractually because nobody can obtain a copy of, or access to a copy of, any Software without (1) accepting the License Agreement through use, and (2) triggering some Licensee's obligation to require acceptance as a precondition of copying or access. - -3. "Qualified Licensee" Requirement: Neither the Program nor any Software or Derivative Work based on the Program may be copied, distributed, displayed, performed, used or modified by You, even for Your own purposes, unless You are a "Qualified Licensee." To remain a Qualified Licensee, You must remain in full compliance with all terms and conditions of this License Agreement. - -4. License Agreement Is Exclusive Source of All Your Rights: - -4.1 You may not copy, modify, or distribute the Program, or obtain any copy, except as expressly provided under this License Agreement. Any attempt otherwise to copy, modify, obtain a copy, sublicense or distribute the Program is void, and will automatically terminate Your rights under this License Agreement and subject You to all cumulative remedies for each successive violation that may be available to the Author. However, Qualified Licensees who have received copies from You (and thereby have received rights from the Author) under this License Agreement, and who would otherwise qualify as Qualified Licensees, will not have their rights under their License Agreements suspended or restricted on account of anything You do, so long as such parties remain in full compliance. - -4.2 You are not required to accept this License Agreement and prior to the time You elect to become a Licensee and accept this License Agreement, You may always elect instead not to copy, use, modify, distribute, compile, or perform the Program or any Software released under this License Agreement. However, nothing else grants You permission to copy, to obtain or possess a copy, to compile a copy in object code or executable code from a copy in source code, to modify, or to distribute the Program or any Software based on the Program. These actions are prohibited by law if You do not accept this License Agreement. Additionally, as set forth in Section 2, any use, copying or modification of the Software constitutes acceptance of this License Agreement by You. - -4.3 Each time You redistribute the Program (or any Software or Derivative Work based on the Program), the recipient automatically receives a License Agreement from the Author to copy, distribute, modify, perform or display the Software, subject to the terms and conditions of this License Agreement. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License Agreement. Enforcement is the responsibility of the Author. +0. DEFINITIONS. The following are defined terms that, whenever used in +this License Agreement, have the following meanings: + +0.1 Author: "Author" shall mean the copyright holder of an Original +Work (the "Program") released by the Author under this License +Agreement. + +0.2 Copy: "Copy" shall mean everything and anything that constitutes a +copy according to copyright law, without limitation. A "copy" does not +become anything other than a "copy" merely because, for example, a +governmental or institutional employee duplicates the Program or a +part of it for another employee of the same institution or +Governmental Entity, or merely because it is copied from one computer +to another, or from one medium to another, or multiple copies are made +on the same medium, within the same institutional or Governmental +Entity. + +0.3 Derivative Work: A "Derivative Work" or "work based on the +Program" shall mean either the Program itself or any work containing +the Program or a portion of it, either verbatim or with modifications +and/or translated into another language. (Hereinafter, translation is +included without limitation in the term "modification."). In the +unlikely event that, and to the extent that, this contractual +definition of "Derivative Work" is later determined by any tribunal or +dispute-resolution body to be different is scope from the meaning of +"derivative work" under the copyright law of any country, then the +broadest and most encompassing possible definition either the +contractual definition of "Derivative Work," or any broader and more +encompassing statutory or legal definition, shall control. Acceptance +of this contractually-defined scope of the term "Derivative Work" is a +mandatory pre-condition for You to receive any of the benefits offered +by this License Agreement. + +0.3.1 Mere aggregation of another work not based on the Program with +the Program (or with a Derivative Work based on the Program) on a +volume of a storage or distribution medium does not bring the other +work under the scope of this License Agreement. + +0.4 License Agreement: When used in this License Agreement, the terms +"this License" or "this License Agreement" shall mean The Hactivismo +Enhanced-Source Software License Agreement, v. 0.1, or any subsequent +version made applicable under the terms of Section 15. + +0.5 Licensee: The term "Licensee" shall mean You or any other +Licensee, whether or not a Qualified Licensee. + +0.6 Original Work: "Original Work" shall mean a Program or other work +of authorship, or portion thereof, that is not a Derivative Work. + +0.7 Program: The "Program," to which this License Agreement applies, +is the Original Work (including, but not limited to, computer +software) released by the Author under this License Agreement. + +0.8 Qualified Licensee: A "Qualified Licensee" means a Licensee that +remains in full compliance with all terms and conditions of this +License Agreement. You are no longer a Qualified Licensee if, at any +time, You violate any terms of this License Agreement. Neither the +Program nor any Software based on the Program may be copied, +distributed, performed, displayed, used or modified by You, even for +Your own purposes, unless You are a Qualified Licensee. A Licensee +other than a Qualified Licensee remains subject to all terms and +conditions of this License Agreement, and to all remedies for each +cumulative violation as set forth herein. Loss of the status of +Qualified Licensee signifies that violation of any terms of the +License Agreement subjects a Licensee to loss of most of the benefits +that Qualified Licensees enjoy under this License Agreement, and to +additional remedies for all violations occurring after the first +violation. + +0.9 Software: "Software" or "the Software" shall mean the Program, any +Derivative Work based on the Program or a portion thereof, and/or any +modified version of the Program or portion thereof, without +limitation. + +0.10 Source Code: The term "Source Code" shall mean the preferred form +of a Program or Original Work for making modifications to it and all +available documentation describing how to access and modify that +Program or Original Work. + +0.10.1 For an executable work, complete Source Code means all the +Source Code for all modules it contains, plus any associated interface +definition files, plus the scripts used to control compilation and +installation of the executable. However, as a special exception, the +Source Code distributed need not include anything that is normally +distributed (in either source or binary form) with the major +components (compiler, kernel, and so on) of the operating system on +which the executable runs, unless that component itself accompanies +the executable. + +0.10.2 "Object Code:" Because of certain peculiarities of current +export-control rules, "object code" of the Program, or any modified +version of the Program, or Derivative Work based on the Program, must +not be exported except by way of distribution that is ancillary to the +distribution of the Source Code. The "Source Code" shall be understood +as the primary content transferred or exported by You, and the "object +code" shall be considered as merely an ancillary component of any such +export distribution. + +0.11 Strong Cryptography: "Strong Cryptography" shall mean +cryptography no less secure than (for example, and without limitation) +a 2048-bit minimum key size for RSA encryption, 1024-bit minimum key +size for Diffie-Hellman (El Gamal), or a 256-bit minimum key size for +AES and similar symmetric ciphers. + +0.12 Substandard Key-Selection Technique: The term "Substandard +Key-Selection Technique" shall mean a method or technique to cause +encryption keys to be more easily guessed or less secure, such as by +(i) causing the selection of keys to be less than random, or (ii) +employing a selection process that selects among only a subset of +possible keys, instead of from among the largest set of possible keys +that can securely be used consistent with contemporary knowledge about +the cryptographic techniques employed by You. The following +illustrations elaborate on the foregoing definition: + +0.12.1 If the key-generation or key-selection technique for the +encryption algorithm You employ involves the selection of one or more +prime numbers, or involves one or more mathematical functions or +concatenations performed on one or more prime numbers, then each prime +number should be selected from a very large set of candidate prime +numbers, but not necessarily from the set of all possible prime +numbers (e.g., inclusion of the number 1 in the candidate set, for +example, may in some instances reduce rather than enhance security), +and absolutely not from any artificially small set of candidate primes +that makes the guessing of a key easier than would be the case if a +secure key-generation technique were employed. In all instances, the +primes should be selected at random from among the candidate set. If +there is a customary industry standard for maximizing the security +associated with the key-generation or key-selection technique for the +cryptosystem You select, then (with attention also to the requirements +of Section 0.11), You should employ a key-generation or selection +technique no less secure than the customary industry standard for +secure use of the cryptosystem. + +0.12.2 If the key-generation or key-selection technique for the +encryption algorithm You employ involves the selection of a random +integer, or the transformation of a random integer through one or more +mathematical processes, then the selection of the integer shall be at +random from the largest possible set of all possible integers +consistent with the secure functioning of the encryption algorithm. It +shall not be selected from an artificially small set of integers +(e.g., if a 256-bit random integer serves as the key, then You could +not set 200 of the 256 bits as "0," and randomly generate only the +remaining 56 bits producing effectively a 56-bit keylength instead of +using the full 256 bits). + +0.12.3 In other words, Your key-generation technique must promote +security to the maximum extent permitted by the cryptographic +method(s) and keylength You elect to employ, rather than facilitating +eavesdropping or surveillance in any way. The example of GSM +telephones, in which 16 of 56 bits in each encryption key were set at +"0," thereby reducing the security of the system by a factor of +65,536, is particularly salient. Such artificial techniques to reduce +the security of a cryptosystem by selecting keys from only a +less-secure or suboptimal subset of possible keys, is prohibited and +will violate this License Agreement if any such technique is employed +in any Software. + +0.13 You: Each Licensee (including, without limitation, Licensees that +have violated the License Agreement and who are no longer Qualified +Licensees, but who nevertheless remain subject to all requirements of +this License Agreement and to all cumulative remedies for each +successive violation), is referred to as "You." + +0.13.1 Governmental Entity: "You" explicitly includes any and all +"Governmental Entities," without limitation. "Governmental Entity" or +"Governmental Entities," when used in this License Agreement, shall +mean national governments, sub-national governments (for example, and +without limitation, provincial, state, regional, local and municipal +governments, autonomous governing units, special districts, and other +such entities), governmental subunits (without limitation, +governmental agencies, offices, departments, government corporations, +and the like), supra-national governmental entities such as the +European Union, and entities through which one or more governments +perform governmental functions or exercise governmental power in +coordination, cooperation or unison. + +0.13.2 Governmental Person: "You" also explicitly includes +"Governmental Persons." The terms "Governmental Person" or +"Governmental Persons," when used in this License Agreement, shall +mean the officials, officers, employees, representatives, contractors +and agents of any Governmental Entity. + +1. Application of License Agreement. This License Agreement applies +to any Program or other Original Work of authorship that contains a +notice placed by the Author saying it may be distributed under the +terms of this License Agreement. The preferred manner of placing such +a notice is to include the following statement immediately after the +copyright notice for such an Original Work: + +"Licensed under the Hacktivismo Enhanced-Source Software License +Agreement, Version 0.1" + +2. Means of Acceptance Use, Copying, Distribution or Modification By +Anyone Constitutes Acceptance. Subject to Section 14.1 (concerning the +special case of certain Governmental Entities) any copying, +modification, distribution, or use by You of the Program or any +Software, shall constitute Your acceptance of all terms and conditions +of this License Agreement. + +2.1 As a Licensee, You may not authorize, permit, or enable any person +to use the Program or any Software or Derivative Work based on it +(including any use of Your copy or copies of the Program) unless such +person has accepted this License Agreement and has become a Licensee +subject to all its terms and conditions. + +2.2 You may not make any copy for Your own use unless You have +accepted this License Agreement and subjected yourself to all its +terms and conditions. + +2.3 You may not make a copy for the use of any other person, or +transfer a copy to any other person, unless such person is a Licensee +that has accepted this License Agreement and such person is subject to +all terms and conditions of this License Agreement. + +2.4 It is not the position of Hacktivismo that copyright law confers +an exclusive right to use, as opposed to the exclusive right to copy +the Software. However, for purposes of contract law, any use of the +Software shall be considered to constitute acceptance of this License +Agreement. Moreover, all copying is prohibited unless the recipient of +a copy has accepted the License Agreement. Because each such recipient +Licensee is contractually obligated not to permit anyone to access, +use, or secure a copy of the Software, without first accepting the +terms and conditions of this License Agreement, use by non-Licensees +is effectively prohibited contractually because nobody can obtain a +copy of, or access to a copy of, any Software without (1) accepting +the License Agreement through use, and (2) triggering some Licensee's +obligation to require acceptance as a precondition of copying or +access. + +3. "Qualified Licensee" Requirement: Neither the Program nor any +Software or Derivative Work based on the Program may be copied, +distributed, displayed, performed, used or modified by You, even for +Your own purposes, unless You are a "Qualified Licensee." To remain a +Qualified Licensee, You must remain in full compliance with all terms +and conditions of this License Agreement. + +4. License Agreement Is Exclusive Source of All Your Rights: + +4.1 You may not copy, modify, or distribute the Program, or obtain any +copy, except as expressly provided under this License Agreement. Any +attempt otherwise to copy, modify, obtain a copy, sublicense or +distribute the Program is void, and will automatically terminate Your +rights under this License Agreement and subject You to all cumulative +remedies for each successive violation that may be available to the +Author. However, Qualified Licensees who have received copies from You +(and thereby have received rights from the Author) under this License +Agreement, and who would otherwise qualify as Qualified Licensees, +will not have their rights under their License Agreements suspended or +restricted on account of anything You do, so long as such parties +remain in full compliance. + +4.2 You are not required to accept this License Agreement and prior to +the time You elect to become a Licensee and accept this License +Agreement, You may always elect instead not to copy, use, modify, +distribute, compile, or perform the Program or any Software released +under this License Agreement. However, nothing else grants You +permission to copy, to obtain or possess a copy, to compile a copy in +object code or executable code from a copy in source code, to modify, +or to distribute the Program or any Software based on the +Program. These actions are prohibited by law if You do not accept this +License Agreement. Additionally, as set forth in Section 2, any use, +copying or modification of the Software constitutes acceptance of this +License Agreement by You. + +4.3 Each time You redistribute the Program (or any Software or +Derivative Work based on the Program), the recipient automatically +receives a License Agreement from the Author to copy, distribute, +modify, perform or display the Software, subject to the terms and +conditions of this License Agreement. You may not impose any further +restrictions on the recipients' exercise of the rights granted +herein. You are not responsible for enforcing compliance by third +parties to this License Agreement. Enforcement is the responsibility +of the Author. 5. Grant of Source Code License. -5.1 Source Code Always Available from Author: Author hereby promises and agrees except to the extent prohibited by export-control law to provide a machine-readable copy of the Source Code of the Program at the request of any Licensee. Author reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code of the most current version of the Program in an information repository reasonably calculated to permit inexpensive and convenient access by You for so long as Author continues to distribute the Program, and by publishing the address of that information repository in a notice immediately following the copyright notice that applies to the Program. Every copy of the Program distributed by Hacktivismo (but not necessarily every other Author) consists of the Source Code accompanied, in some instances, by an ancillary distribution of compiled Object Code, but the continued availability of the Source Code from the Author addresses the possibility that You might have (for any reason) not received from someone else a complete, current, copy of the Source Code (lack of which would, for example, prevent You from exporting copies to others without violating this license, see Section 8). - -5.2 Grant of License. If and only if, and for so long as You remain a Qualified Licensee, in accordance with Section 3 of this License Agreement, Author hereby grants You a world-wide, royalty-free, non-exclusive, non-sublicensable copyright license to do the following: +5.1 Source Code Always Available from Author: Author hereby promises +and agrees except to the extent prohibited by export-control law to +provide a machine-readable copy of the Source Code of the Program at +the request of any Licensee. Author reserves the right to satisfy this +obligation by placing a machine-readable copy of the Source Code of +the most current version of the Program in an information repository +reasonably calculated to permit inexpensive and convenient access by +You for so long as Author continues to distribute the Program, and by +publishing the address of that information repository in a notice +immediately following the copyright notice that applies to the +Program. Every copy of the Program distributed by Hacktivismo (but not +necessarily every other Author) consists of the Source Code +accompanied, in some instances, by an ancillary distribution of +compiled Object Code, but the continued availability of the Source +Code from the Author addresses the possibility that You might have +(for any reason) not received from someone else a complete, current, +copy of the Source Code (lack of which would, for example, prevent You +from exporting copies to others without violating this license, see +Section 8). + +5.2 Grant of License. If and only if, and for so long as You remain a +Qualified Licensee, in accordance with Section 3 of this License +Agreement, Author hereby grants You a world-wide, royalty-free, +non-exclusive, non-sublicensable copyright license to do the +following: 5.2.1 to reproduce the Source Code of the Program in copies; -5.2.2 to prepare Derivative Works based upon the Program and to edit or modify the Source Code in the process of preparing such Derivative Works; +5.2.2 to prepare Derivative Works based upon the Program and to edit +or modify the Source Code in the process of preparing such Derivative +Works; -5.2.3 to distribute copies of the Source Code of the Original Work and/or of Derivative Works to others, with the proviso that copies of Original Work or Derivative Works that You distribute shall be licensed under this License Agreement, and that You shall fully inform all recipients of the terms of this License Agreement. +5.2.3 to distribute copies of the Source Code of the Original Work +and/or of Derivative Works to others, with the proviso that copies of +Original Work or Derivative Works that You distribute shall be +licensed under this License Agreement, and that You shall fully inform +all recipients of the terms of this License Agreement. -6. Grant of Copyright License. If and only if, and for so long as You remain a Qualified Licensee, in accordance with Section 3 of this License Agreement, Author hereby grants You a world-wide, royalty-free, non-exclusive, non-sublicensable license to do the following: +6. Grant of Copyright License. If and only if, and for so long as You +remain a Qualified Licensee, in accordance with Section 3 of this +License Agreement, Author hereby grants You a world-wide, +royalty-free, non-exclusive, non-sublicensable license to do the +following: 6.1 to reproduce the Program in copies; -6.2 to prepare Derivative Works based upon the Program, or upon Software that itself is based on the Program; +6.2 to prepare Derivative Works based upon the Program, or upon +Software that itself is based on the Program; -6.3 to distribute (either by distributing the Source Code, or by distributing compiled Object Code, but any export of Object Code must be ancillary to a distribution of Source Code) copies of the Program and Derivative Works to others, with the proviso that copies of the Program or Derivative Works that You distribute shall be licensed under this License Agreement, that You shall fully inform all recipients of the terms of this License Agreement; +6.3 to distribute (either by distributing the Source Code, or by +distributing compiled Object Code, but any export of Object Code must +be ancillary to a distribution of Source Code) copies of the Program +and Derivative Works to others, with the proviso that copies of the +Program or Derivative Works that You distribute shall be licensed +under this License Agreement, that You shall fully inform all +recipients of the terms of this License Agreement; 6.4 to perform the Program or a Derivative Work publicly; 6.5 to display the Program or a Derivative Work publicly; and -6.6 to charge a fee for the physical act of transferring a copy of the Program (You may also, at Your option, offer warranty protection in exchange for a fee). - -7. Grant of Patent License. If and only if, and for so long as You remain a Qualified Licensee, in accordance with Section 3 of this License Agreement, Author hereby grants You a world-wide, royalty-free, non-exclusive, non-sublicensable license Agreement, under patent claims owned or controlled by the Author that are embodied in the Program as furnished by the Author ("Licensed Claims") to make, use, sell and offer for sale the Program. Subject to the proviso that You grant all Licensees a world-wide, non-exclusive, royalty-free license under any patent claims embodied in any Derivative Work furnished by You, Author hereby grants You a world-wide, royalty-free, non-exclusive, non-sublicensable license under the Licensed Claims to make, use, sell and offer for sale Derivative Works. - -8. Exclusions From License Agreement Grants. Nothing in this License Agreement shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor except as expressly stated herein. No patent license is granted to make, use, sell or offer to sell embodiments of any patent claims other than the Licensed Claims defined in Section 7. No right is granted to the trademarks of Author even if such marks are included in the Program. Nothing in this License Agreement shall be interpreted to prohibit Author from licensing under additional or different terms from this License Agreement any Original Work, Program, or Derivative Work that Author otherwise would have a right to License. - -8.1 Implied Endorsements Prohibited. Neither the name of the Author (in the case of Programs and Original Works released by Hacktivismo, the name "Hacktivismo"), nor the names of contributors who helped produce the Program may be used to endorse or promote modifications of the Program, any Derivative Work, or any Software other than the Program, without specific prior written permission of the Author. Neither the name of Hacktivismo nor the names of any contributors who helped write the Program may be used to endorse or promote any Program or Software released under this License Agreement by any person other than Hacktivismo. - -9. Modifications and Derivative Works. Only Qualified Licensees may modify the Software or prepare or distribute Derivative Works. If You are a Qualified Licensee, Your authorization to modify the Software or prepare or distribute Derivative Works (including permission to prepare and/or distribute Derivative Works, as provided in Sections 5.2.2, 5.2.3, 6.2, 6.3, and 6.6) is subject to each and all of the following mandatory terms and conditions (9.1 through 9.6, inclusive): - -9.1 You must cause the modified files to carry prominent notices stating that You changed the files and the date of any change; - -9.2 If the modified Software normally reads commands interactively when run, You must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that You provide a warranty) and that users may redistribute the program under this License Agreement, and telling the user how to view a copy of this License Agreement. (Exception: if the Program itself is interactive but does not normally print such an announcement, Your Derivative Work based on the Program is not required to print an announcement.); - -9.3 Any Program, Software, or modification thereof copied or distributed by You, that incorporates any portion of the Original Work, must not contain any code or functionality that subverts the security of the Software or the end-user's expectations of privacy, anonymity, confidentiality, authenticity, and trust, including (without limitation) any code or functionality that introduces any "backdoor," escrow mechanism, "spy-ware," or surveillance techniques or methods into any such Program, Software, or modification thereof; - -9.4 Any Program, Software, or modification thereof copied or distributed by You, that employs any cryptographic or other security, privacy, confidentiality, authenticity, and/or trust methods or techniques, including without limitation any Derivative Work that includes any changes or modifications to any cryptographic techniques in the Program, shall employ Strong Cryptography. - -9.5 Any Program, Software, or modification thereof copied or distributed by You, if it contains any key-generation or selection technique, must not employ any Substandard Key-Selection Technique. - -9.6 No Program or Software copied or distributed by You may transmit or communicate any symmetric key, any "private key" if an asymmetric cryptosystem is employed, or any part of such key, nor may it otherwise make any such key or part of such key known, to any person other than the end-user who generated the key, without the active consent and participation of that individual end-user. If a private or symmetric key is stored or recorded in any manner, it must not be stored or recorded in plaintext, and it must be protected from reading (at a minimum) by use of a password. Use of steganography or other techniques to disguise the fact that a private or symmetric key is even stored is strongly encouraged, but not absolutely required. +6.6 to charge a fee for the physical act of transferring a copy of the +Program (You may also, at Your option, offer warranty protection in +exchange for a fee). + +7. Grant of Patent License. If and only if, and for so long as You +remain a Qualified Licensee, in accordance with Section 3 of this +License Agreement, Author hereby grants You a world-wide, +royalty-free, non-exclusive, non-sublicensable license Agreement, +under patent claims owned or controlled by the Author that are +embodied in the Program as furnished by the Author ("Licensed Claims") +to make, use, sell and offer for sale the Program. Subject to the +proviso that You grant all Licensees a world-wide, non-exclusive, +royalty-free license under any patent claims embodied in any +Derivative Work furnished by You, Author hereby grants You a +world-wide, royalty-free, non-exclusive, non-sublicensable license +under the Licensed Claims to make, use, sell and offer for sale +Derivative Works. + +8. Exclusions From License Agreement Grants. Nothing in this License +Agreement shall be deemed to grant any rights to trademarks, +copyrights, patents, trade secrets or any other intellectual property +of Licensor except as expressly stated herein. No patent license is +granted to make, use, sell or offer to sell embodiments of any patent +claims other than the Licensed Claims defined in Section 7. No right +is granted to the trademarks of Author even if such marks are included +in the Program. Nothing in this License Agreement shall be interpreted +to prohibit Author from licensing under additional or different terms +from this License Agreement any Original Work, Program, or Derivative +Work that Author otherwise would have a right to License. + +8.1 Implied Endorsements Prohibited. Neither the name of the Author +(in the case of Programs and Original Works released by Hacktivismo, +the name "Hacktivismo"), nor the names of contributors who helped +produce the Program may be used to endorse or promote modifications of +the Program, any Derivative Work, or any Software other than the +Program, without specific prior written permission of the +Author. Neither the name of Hacktivismo nor the names of any +contributors who helped write the Program may be used to endorse or +promote any Program or Software released under this License Agreement +by any person other than Hacktivismo. + +9. Modifications and Derivative Works. Only Qualified Licensees may +modify the Software or prepare or distribute Derivative Works. If You +are a Qualified Licensee, Your authorization to modify the Software or +prepare or distribute Derivative Works (including permission to +prepare and/or distribute Derivative Works, as provided in Sections +5.2.2, 5.2.3, 6.2, 6.3, and 6.6) is subject to each and all of the +following mandatory terms and conditions (9.1 through 9.6, inclusive): + +9.1 You must cause the modified files to carry prominent notices +stating that You changed the files and the date of any change; + +9.2 If the modified Software normally reads commands interactively +when run, You must cause it, when started running for such interactive +use in the most ordinary way, to print or display an announcement +including an appropriate copyright notice and a notice that there is +no warranty (or else, saying that You provide a warranty) and that +users may redistribute the program under this License Agreement, and +telling the user how to view a copy of this License +Agreement. (Exception: if the Program itself is interactive but does +not normally print such an announcement, Your Derivative Work based on +the Program is not required to print an announcement.); + +9.3 Any Program, Software, or modification thereof copied or +distributed by You, that incorporates any portion of the Original +Work, must not contain any code or functionality that subverts the +security of the Software or the end-user's expectations of privacy, +anonymity, confidentiality, authenticity, and trust, including +(without limitation) any code or functionality that introduces any +"backdoor," escrow mechanism, "spy-ware," or surveillance techniques +or methods into any such Program, Software, or modification thereof; + +9.4 Any Program, Software, or modification thereof copied or +distributed by You, that employs any cryptographic or other security, +privacy, confidentiality, authenticity, and/or trust methods or +techniques, including without limitation any Derivative Work that +includes any changes or modifications to any cryptographic techniques +in the Program, shall employ Strong Cryptography. + +9.5 Any Program, Software, or modification thereof copied or +distributed by You, if it contains any key-generation or selection +technique, must not employ any Substandard Key-Selection Technique. + +9.6 No Program or Software copied or distributed by You may transmit +or communicate any symmetric key, any "private key" if an asymmetric +cryptosystem is employed, or any part of such key, nor may it +otherwise make any such key or part of such key known, to any person +other than the end-user who generated the key, without the active +consent and participation of that individual end-user. If a private or +symmetric key is stored or recorded in any manner, it must not be +stored or recorded in plaintext, and it must be protected from reading +(at a minimum) by use of a password. Use of steganography or other +techniques to disguise the fact that a private or symmetric key is +even stored is strongly encouraged, but not absolutely required. 10. Use Restrictions: Human Rights Violations Prohibited. -10.1 Neither the Program, nor any Software or Derivative Work based on the Program may used by You for any of the following purposes (10.1.1 through 10.1.5, inclusive): - -10.1.1 to violate or infringe any human rights or to deprive any person of human rights, including, without limitation, rights of privacy, security, collective action, expression, political freedom, due process of law, and individual conscience; - -10.1.2 to gather evidence against any person to be used to deprive any person of human rights; - -10.1.3 any other use as a part of any project or activity to deprive any person of human rights, including not only the above-listed rights, but also rights of physical security, liberty from physical restraint or incarceration, freedom from slavery, freedom from torture, freedom to take part in government, either directly or through lawfully elected representatives, and/or freedom from self-incrimination; - -10.1.4 any surveillance, espionage, or monitoring of individuals, whether done by a Governmental Entity, a Governmental Person, or by any non-governmental person or entity; - -10.1.5 censorship or "filtering" of any published information or expression. - -10.2 Additionally, the Program, any modification of it, or any Software or Derivative Work based on the Program may not be used by any Governmental Entity or other institution that has any policy or practice (whether official or unofficial) of violating the human rights of any persons. - -10.3 You may not authorize, permit, or enable any person (including, without limitation, any Governmental Entity or Governmental Person) to use the Program or any Software or Derivative Work based on it (including any use of Your copy or copies of the Program) unless such person has accepted this License Agreement and has become a Licensee subject to all its terms and conditions, including (without limitation) the use restrictions embodied in Section 10.1 and 10.2, inclusive. - -11. All Export Distributions Must Consist of or Be Ancillary to Distribution of Source Code. Because of certain peculiarities of current export-control law, any distribution by You of the Program or any Software may be in the form of Source Code only, or in the form or Source Code accompanied by compiled Object Code, but You may not export any Software in the form of compiled Object Code only. Such an export distribution of compiled executable code must in all cases be ancillary to a distribution of the complete corresponding machine-readable source code, which must be distributed on a medium, or by a method, customarily used for software interchange. - -12. EXPORT LAWS: THIS LICENSE AGREEMENT ADDS NO RESTRICTIONS TO THE EXPORT LAWS OF YOUR JURISDICTION. It is Your responsibility to comply with any export regulations applicable in Your jurisdiction. From the United States, Canada, or many countries in Europe, export or transmission of this Software to certain embargoed destinations (including, but not necessarily limited to, Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria), may be prohibited. If Hacktivismo is identified as the Author of the Program (and it is not the property of some other Author), then export to any national of Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria, or into the territory of any of these countries, by any Licensee who has received this Software directly from Hacktivismo or from the Cult of the Dead Cow, or any of their members, is contractually prohibited and will constitute a violation of this License Agreement. You are advised to consult the current laws of any and all countries whose laws may apply to You, before exporting this Software to any destination. Special care should be taken to avoid export to any embargoed destination. An Author other than Hacktivismo may substitute that Author's legal name for "Hacktivismo" in this Paragraph, in relation to any Program released by that Author under this Paragraph. - -13. Contrary Judgments, Settlements and Court Orders. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on You (whether by court order, agreement or otherwise) that contradict the conditions of this License Agreement, they do not excuse You from the conditions of this License Agreement. If You cannot distribute so as to satisfy simultaneously Your obligations under this License Agreement and any other pertinent obligations, then as a consequence You may not distribute the Software at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through You, then the only way You could satisfy both it and this License Agreement would be to refrain entirely from distribution of the Program. - -It is not the purpose of this Section 13 to induce You to infringe any patents or other property right claims or to contest validity of any such claims; this Section has the sole purpose of protecting the integrity of the software distribution system reflected in this License Agreement, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through related distribution systems, in reliance on consistent application of such distribution systems; it is up to the Author/donor to decide if he or she is willing to distribute software through any other system and a Licensee cannot impose that choice. - -14. Governmental Entities: Any Governmental Entity ("Governmental Entity" is defined broadly as set forth in Section 0.13.1) or Governmental Person (as "Governmental Person" is defined broadly in Section 0.13.2), that uses, modifies, changes, copies, displays, performs, or distributes the Program, or any Software or Derivative Work based on the Program, may do so if and only if all of the following terms and conditions (14.1 through 14.10, inclusive) are agreed to and fully met: - -14.1 If it is the position of any Governmental Entity (or, in the case of any "Governmental Person," if it is the position of that Governmental Person's Governmental Entity) that any doctrine or doctrines of law (including, without limitation, any doctrine(s) of immunity or any formalities of contract formation) may render this License Agreement unenforceable or less than fully enforceable against such Governmental Entity, or any Governmental Person of such Governmental Entity, then prior to any use, modification, change, display, performance, copy or distribution of the Program, or of any Software or Derivative Work based on the Program, or any part thereof, by the Governmental Entity, or by any Governmental Person of that Governmental Entity, the Governmental Entity shall be required to inform the Author in writing of each such doctrine that is believed to render this License Agreement or any part of it less than fully enforceable against such Governmental Entity or any Governmental Person of such entity, and to explain in reasonable detail what additional steps, if taken, would render the License Agreement fully enforceable against such entity or person. Failure to provide the required written notice to the Author in advance of any such use, modification, change, display, performance, copy or distribution, shall constitute an irrevocable and conclusive waiver of any and all reliance on any doctrine, by the Governmental Entity, that is not included or that is omitted from the required written notice (failure to provide any written notice means all reliance on any doctrine is irrevocably waived). Any Governmental Entity that provides written notice under this subsection is prohibited, as are all of the Governmental Persons of such Governmental Entity, from making any use, change, display, performance, copy, modification or distribution of the Software or any part thereof, until such time as a License Agreement is in place, agreed upon by the Author and by the Governmental Entity, that such entity concedes is fully-enforceable. Any use, modification, change, display, performance, copy, or distribution following written notice under this Paragraph, but without the implementation of an agreement as provided herein, shall constitute an irrevocable and conclusive waiver by the Governmental Entity (and any and all Governmental Persons of such Governmental Entity) of any and all reliance on any legal doctrine either referenced in such written notice or omitted from it. - -14.2 Any Governmental Entity that uses, copies, changes, modifies, or distributes, the Software or any part or portion thereof, or any Governmental Person who does so (whether that person's Governmental Entity contends the person's action was, or was not, authorized or official), permanently and irrevocably waives any defense based on sovereign immunity, official immunity, the Act of State Doctrine, or any other form of immunity, that might otherwise apply as a defense to, or a bar against, any legal action based on the terms of this License Agreement. - -14.2.1 With respect to any enforcement action brought by the Author in a United States court against a foreign Governmental Entity, the waiver by any Governmental Entity as provided in Subparagraphs 14.1 and 14.2 is hereby expressly acknowledged by each such Governmental Entity to constitute a "case . . . in which the foreign state has waived its immunity," within the scope of 28 U.S.C. 1605(a)(1) of the Foreign Sovereign Immunities Act of 1976 (as amended). Each such Governmental Entity also specifically agrees and concedes that the "commercial activity" exceptions to the FSIA, 28 U.S.C. 1605(a)(2), (3) are also applicable. With respect to an action brought against the United States or any United States Governmental Entity, in the courts of any country, the U.S. Governmental Entity shall be understood to have voluntarily agreed to a corresponding waiver of immunity from actions in the courts of any other sovereign. - -14.2.2 With respect to any enforcement action brought by an authorized end-user (as a third-party beneficiary, under the terms of Subparagraphs 14.3 and 14.10) in a United States court against a foreign Governmental Entity, the waiver by any Governmental Entity as provided in Subparagraphs 14.1 and 14.2 is hereby expressly acknowledged by each such Governmental Entity to constitute a "case . . . in which the foreign state has waived its immunity," within the scope of 28 U.S.C. 1605(a)(1) of the Foreign Sovereign Immunities Act of 1976 (as amended). . Each such Governmental Entity also specifically agrees and concedes that the "commercial activity" exceptions to the FSIA, 28 U.S.C. 1605(a)(2), (3) are also applicable. With respect to an action brought against the United States or any United States Governmental Entity, in the courts of any country, the U.S. Governmental Entity shall be understood to have voluntarily agreed to a corresponding waiver of immunity from actions in the courts of any other sovereign. - -14.2.3 With respect to any action or effort by the Author in the United States to execute a judgment against a foreign Governmental Entity, by attaching or executing process against the property of such Governmental Entity, the waiver by any Governmental Entity as provided in Subparagraphs 14.1 and 14.2 is hereby expressly acknowledged by each such Governmental Entity to constitute a case in which "the foreign state has waived its immunity from attachment in aid of execution or from execution," in accordance with 28 U.S.C. 1610(a)(1) of the Foreign Sovereign Immunities Act of 1976 (as amended). Each such Governmental Entity also specifically agrees and concedes that the "commercial activity" exceptions to the FSIA, 28 U.S.C. 1610(a)(2), (d) are also applicable. With respect to an action brought against the United States or any United States Governmental Entity, in the courts of any country, the U.S. Governmental Entity shall be understood to have voluntarily agreed to a corresponding waiver of immunity from actions in the courts of any other sovereign. - -14.2.4 With respect to any action or effort brought by an authorized end-user (as a third-party beneficiary, in accordance with Subparagraphs 14.3 and 14.10) in the United States to execute a judgment against a foreign Governmental Entity, by attaching or executing process against the property of such Governmental Entity, the waiver by any Governmental Entity as provided in Subparagraphs 14.1 and 14.2 is hereby expressly acknowledged by each such Governmental Entity to constitute a case in which "the foreign state has waived its immunity from attachment in aid of execution or from execution," in accordance with 28 U.S.C. 1610(a)(1) of the Foreign Sovereign Immunities Act of 1976 (as amended). Each such Governmental Entity also specifically agrees and concedes that the "commercial activity" exceptions to the FSIA, 28 U.S.C. 1610(a)(2), (d) are also applicable. With respect to an action brought against the United States or any United States Governmental Entity, in the courts of any country, the U.S. Governmental Entity shall be understood to have voluntarily agreed to a corresponding waiver of immunity from actions in the courts of any other sovereign. - -14.3 Any Governmental Entity that uses, copies, changes, modifies, displays, performs, or distributes the Software or any part thereof, or any Governmental Person who does so (whether that person's Governmental Entity contends the person's action was, or was not, authorized or official), and thereby violates any terms and conditions of Section 9 (restrictions on modification), or Paragraph 10 (use restrictions), agrees that the person or entity is subject not only to an action by the Author, for the enforcement of this License Agreement and for money damages and injunctive relief (as well as attorneys' fees, additional and statutory damages, and other remedies as provided by law), but such Governmental Entity and/or Person also shall be subject to a suit for money damages and injunctive relief by any person whose human rights have been violated or infringed, in violation of this License Agreement, or through the use of any Software in violation of this License Agreement. Any person who brings an action under this section against any Governmental Person or Entity must notify the Author promptly of the action and provide the Author the opportunity to intervene to assert the Author's own rights. Damages in such a third-party action shall be measured by the severity of the human rights violation and the copyright infringement or License Agreement violation, combined, and not merely by reference to the copyright infringement. All end-users, to the extent that they are entitled to bring suit against such Governmental Entity by way of this License Agreement, are intended third-party beneficiaries of this License Agreement. Punitive damages may be awarded in such a third-party action against a Governmental Entity or Governmental Person, and each and every such Governmental Entity or Person conclusively waives all restrictions on the amount of punitive damages, and all defenses to the award of punitive damages to the extend such limitations or defenses depend upon or are a function of such person or entity's status as a Governmental Person or Governmental Entity. - -14.4 Any State of the United States, or any subunit or Governmental Entity thereof, that uses, copies, changes, modifies, displays, performs, or distributes the Software of any part thereof, or any of whose Governmental Persons does so (whether that person's Governmental Entity contends the person's action was, or was not, authorized or official), unconditionally and irrevocably waives for purposes of any legal action (i) to enforce this License Agreement, (ii) to remedy infringement of the Author's copyright, or (iii) to invoke any of the third-party beneficiary rights set forth in Section 14.3 -- any immunity under the Eleventh Amendment of the United States Constitution or any other immunity doctrine (such as sovereign immunity or qualified, or other, official immunity) that may apply to state governments, subunits, or to their Governmental Persons. - -14.5 Any Governmental Entity (including, without limitation, any State of the United States), that uses, copies, changes, modifies, performs, displays, or distributes the Software or any part thereof, or any of whose Governmental Persons does so (whether that person's Governmental Entity contends the person's action was, or was not, authorized or official), unconditionally and irrevocably waives for purposes of any legal action (i) to enforce this License Agreement, (ii) to remedy infringement of the Author's copyright, or (iii) to invoke any of the third-party beneficiary rights set forth in Section 14.3 any doctrine (such as, but not limited to, the holding in the United States Supreme Court decision of Ex Parte Young) that might purport to limit remedies solely to prospective injunctive relief. Also explicitly and irrevocably waived is any underlying immunity doctrine that would require the recognition of such a limited exception for purposes of remedies. The remedies against such governmental entities and persons shall explicitly include money damages, additional damages, statutory damages, consequential damages, exemplary damages, punitive damages, costs and fees that might otherwise be barred or limited in amount on account of governmental status. - -14.6 Any Governmental Entity that uses, copies, changes, modifies, displays, performs, or distributes the Software or any part thereof, or any of whose Governmental Persons does so (whether that person's Governmental Entity contends the person's action was, or was not, authorized or official), unconditionally and irrevocably waives for purposes of any legal action (i) to enforce this License Agreement, (ii) to remedy infringement of the Author's copyright, or (iii) to invoke any of the third-party beneficiary rights set forth in Section 14.3 any and all reliance on the Act of State doctrine, sovereign immunity, international comity, or any other doctrine of immunity whether such doctrine is recognized in that government's own courts, or in the courts of any other government or nation. - -14.6.1 Consistent with Subparagraphs 14.2.1 through 14.2.4, this waiver shall explicitly be understood to constitute a waiver not only against suit, but also against execution against property, for purposes of the Foreign Sovereign Immunities Act of 1976 (as amended). All United States Governmental Entities shall be understood to have agreed to a corresponding waiver of immunity against (i) suit in the courts of other sovereigns, and (ii) execution against property of the United States located within the territory of other countries. - -14.7 Governmental Persons, (i) who violate this License Agreement (whether that person's Governmental Entity contends the person's action was, or was not, authorized or official), or (ii) who are personally involved in any activity, policy or practice of a governmental entity that violates this License Agreement (whether that person's Governmental Entity contends the person's action was, or was not, authorized or official), or (iii) that use, copy, change, modify, perform, display or distribute, the Software or any part thereof, when their Governmental Entity is not permitted to do so, or is not a Qualified Licensee, or has violated the terms of this License Agreement, each and all individually waive and shall not be permitted to assert any defense of official immunity, "good faith" immunity, qualified immunity, absolute immunity, or other immunity based on his or her governmental status. - -14.8 No Governmental Entity, nor any Governmental Person thereof may, by legislative, regulatory, or other action, exempt such Governmental Entity, subunit, or person, from the terms of this License Agreement, if the Governmental Entity or any such person has voluntarily used, modified, copied, displayed, performed, or distributed the Software or any part thereof. - -14.9 Enforcement In Courts of Other Sovereigns Permitted. By using, modifying, changing, displaying, performing or distributing any Software covered by this License Agreement, any Governmental Entity hereby voluntarily and irrevocably consents, for purposes of (i) any action to enforce the terms of this License Agreement, and (ii) any action to enforce the Author's copyright (whether such suit be for injunctive relief, damages, or both) to the jurisdiction of any court or tribunal in any other country (or a court of competent jurisdiction of a subunit, province, or state of such country) in which the terms of this License Agreement are believed by the Author to be enforceable. Each such Governmental Entity hereby waives all objections to personal jurisdiction, all objections based on international comity, all objections based on the doctrine of forum non conveniens, and all objections based on sovereign or governmental status or immunity that might otherwise be asserted in the courts of some other sovereign. - -14.9.1 The Waiver by any Governmental Entity of a country other than the United States shall be understood explicitly to constitute a waiver for purposes of the Foreign Sovereign Immunities Act of 1976 (see Subparagraphs 14.2.1to 14.2.4, inclusive, supra), and all United States Governmental Entities shall be understood to have agreed to a waive correspondingly broad in scope with respect to actions brought in the courts of other sovereigns. - -14.9.2 Forum Selection Non-U.S. Governmental Entities. Governmental Entities that are not United States Governmental Entities shall be subject to suit, and agree to be subject to suit, in the United States District Court for the District of Columbia. The Author or an authorized end-user may bring an action in another court in another country, but the United States District Court for the District of Columbia, shall always be available as an agreed-upon forum for such an action. At the optional election of any Author (or, in the case of a third-party claim, any end-user asserting rights under Subparagraphs 14.3 and 14.10), such a suit against a non-U.S. Governmental Entity or Person may be brought in the United States District Court for the Southern District of New York, or the United States District Court for the Northern District of California, as a direct substitute for the United States District Court for the District of Columbia, for all purposes of this Subparagraph. - -14.9.3 Forum Selection U.S. Governmental Entities. All United States Governmental Entities shall be subject to suit, and agree to be subject to suit, in the following (non-exclusive) list of fora: Ottawa, Canada, London, England, and Paris, France. The Author or an authorized end-user may bring action in another court that can exercise jurisdiction. But the courts in these three locations shall always be available (at the option of the Author or an authorized end-user) as a forum for resolving any dispute with the United States or a governmental subunit thereof. Except as provided in Subparagraph 14.10, any and all United States Governmental Persons shall be subject to suit wherever applicable rules of personal jurisdiction and venue shall permit such suit to be filed, but no such United States Governmental Person may assert any defense based on forum non conveniens or international comity, to the selection of any particular lawful venue. - -14.10 Enforcement Of Claims For Human Rights Violations. By using, copying, modifying, changing, performing, displaying or distributing the Software covered by this License Agreement, any Governmental Entity, or Governmental Person hereby voluntarily and irrevocably consents -- for purposes of any third-party action to remedy human rights violations and other violations of this License Agreement (as reflected in Section 14.3) -- to the jurisdiction of any court or tribunal in any other country (or a court of competent jurisdiction of a subunit, province, or state of such country) in which the third-party beneficiary reasonably believes the relevant terms of this License Agreement are enforceable. The Governmental Entity or Person hereby waives all objections to personal jurisdiction, all objections based on international comity, all objections based on the doctrine of forum non conveniens, and all objections based on sovereign or governmental status or immunity that might otherwise be asserted in the courts of some other sovereign. - -14.10.1 Waiver of Immunity and Forum Selection. The presumptively valid and preferred fora identified in Subparagraphs 14.9.2 and 14.9.3 shall also apply for purposes of Subparagraph 14.10. All Governmental Entities are subject to the same Waiver of Immunity as set forth in Subparagraphs 14.2.1 to 14.2.4, inclusive. - -15. Subsequent Versions of HESSLA. Hacktivismo may publish revised and/or new versions of the Hacktivismo Enhanced-Source Software License Agreement from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. - -Each version is given a distinguishing version number. Any Program released by Hacktivismo under a version of this License Agreement prior to Version 1.0, shall be considered released under Version 1.0 of the Hacktivismo Enhanced-Source Software License Agreement, once Version 1.0 is formally released. Prior to Version 1.0, any Software released by Hacktivismo or a Licensee of Hacktivismo under a lower-numbered version of the HESSLA shall be considered automatically to be subject to a higher-number version of the HESSLA, whenever a later-numbered version has been released. - -Concerning the work of any other Author, if the Program specifies a version number of this License Agreement which applies to it and "any later version," You have the option of following the terms and conditions either of that version or of any later version published by Hacktivismo. If the Program does not specify a version number of this License Agreement, You may choose any version after 1.0, once version 1.0 is published by Hacktivismo, and prior to publication of version 1.0, You may choose any version of the Hacktivismo Software License Agreement then published by Hacktivismo. If the Program released by another Author, specifies only a version number, then that version number only shall apply. If "the latest version," is specified, then the latest version of the HESSLA published on the Hacktivismo Website shall always apply at all times. - -16. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. THE SOFTWARE IS PROVIDED WITH ALL FAULTS. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO LICENSE TO ORIGINAL WORK IS GRANTED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. - -17. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING THE AUTHOR'S NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE AUTHOR BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING AS A RESULT OF THIS LICENSE OR THE USE OF THE SOFTWARE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PERSON SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION, BUT SHALL EXCLUDE SUCH LIABILITY TO THE EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. - -18. ENCRYPTION KEYS AND PUBLIC KEY INFRASTRUCTURE. SOFTWARE RELEASED UNDER THIS LICENSE AGREEMENT MAY REQUIRE A DIGITAL CERTIFICATE, OR AN ENCRYPTION KEY "SIGNED" BY A TRUSTED PARTY, TO FUNCTION. AUTHOR UNDERTAKES NO RESPONSIBILITY FOR THE PROPER, SECURE, AND ADEQUATE FUNCTIONING OF ANY CRYPTOGRAPHIC SYSTEMS, OF ANY CRYPTOGRAPHIC KEYS, OR FOR THE TRUSTWORTHINESS OF ANY END-USER, ANY ISSUER OF CERTIFICATES, OR OF ANY SIGNER OF ENCRYPTION KEYS. USE OF THIS SOFTWARE IS AT THE END-USER'S SOLE AND EXCLUSIVE RISK. IN ANY PUBLIC-KEY INFRASTRUCTURE ("PKI") SYSTEM, AN END-USER'S LEGAL RELATIONSHIP WITH THE END-USER'S CERTIFICATION AUTHORITY DOES NOT INCLUDE OR ENCOMPASS ANY LEGAL RELATIONSHIP WITH THE AUTHOR, AND IS GOVERNED SOLELY AND EXCLUSIVELY BY THE CERTIFICATION AUTHORITY'S CERTIFICATION PRACTICE STATEMENT AND CERTIFICATION AGREEMENTS. AUTHOR ASSUMES NO RESPONSIBILITY FOR THE ACTIONS OR OMISSIONS OF ANY END-USER OR ANY CERTIFICATION AUTHORITY. - -18. Saving Clause. If any portion of this License Agreement is held invalid or unenforceable under any particular circumstance, the balance of the License Agreement is intended to apply and the License Agreement as a whole is intended to apply in other circumstances. +10.1 Neither the Program, nor any Software or Derivative Work based on +the Program may used by You for any of the following purposes (10.1.1 +through 10.1.5, inclusive): + +10.1.1 to violate or infringe any human rights or to deprive any +person of human rights, including, without limitation, rights of +privacy, security, collective action, expression, political freedom, +due process of law, and individual conscience; + +10.1.2 to gather evidence against any person to be used to deprive any +person of human rights; + +10.1.3 any other use as a part of any project or activity to deprive +any person of human rights, including not only the above-listed +rights, but also rights of physical security, liberty from physical +restraint or incarceration, freedom from slavery, freedom from +torture, freedom to take part in government, either directly or +through lawfully elected representatives, and/or freedom from +self-incrimination; + +10.1.4 any surveillance, espionage, or monitoring of individuals, +whether done by a Governmental Entity, a Governmental Person, or by +any non-governmental person or entity; + +10.1.5 censorship or "filtering" of any published information or +expression. + +10.2 Additionally, the Program, any modification of it, or any +Software or Derivative Work based on the Program may not be used by +any Governmental Entity or other institution that has any policy or +practice (whether official or unofficial) of violating the human +rights of any persons. + +10.3 You may not authorize, permit, or enable any person (including, +without limitation, any Governmental Entity or Governmental Person) to +use the Program or any Software or Derivative Work based on it +(including any use of Your copy or copies of the Program) unless such +person has accepted this License Agreement and has become a Licensee +subject to all its terms and conditions, including (without +limitation) the use restrictions embodied in Section 10.1 and 10.2, +inclusive. + +11. All Export Distributions Must Consist of or Be Ancillary to +Distribution of Source Code. Because of certain peculiarities of +current export-control law, any distribution by You of the Program or +any Software may be in the form of Source Code only, or in the form or +Source Code accompanied by compiled Object Code, but You may not +export any Software in the form of compiled Object Code only. Such an +export distribution of compiled executable code must in all cases be +ancillary to a distribution of the complete corresponding +machine-readable source code, which must be distributed on a medium, +or by a method, customarily used for software interchange. + +12. EXPORT LAWS: THIS LICENSE AGREEMENT ADDS NO RESTRICTIONS TO THE +EXPORT LAWS OF YOUR JURISDICTION. It is Your responsibility to comply +with any export regulations applicable in Your jurisdiction. From the +United States, Canada, or many countries in Europe, export or +transmission of this Software to certain embargoed destinations +(including, but not necessarily limited to, Cuba, Iran, Iraq, Libya, +North Korea, Sudan, and Syria), may be prohibited. If Hacktivismo is +identified as the Author of the Program (and it is not the property of +some other Author), then export to any national of Cuba, Iran, Iraq, +Libya, North Korea, Sudan or Syria, or into the territory of any of +these countries, by any Licensee who has received this Software +directly from Hacktivismo or from the Cult of the Dead Cow, or any of +their members, is contractually prohibited and will constitute a +violation of this License Agreement. You are advised to consult the +current laws of any and all countries whose laws may apply to You, +before exporting this Software to any destination. Special care should +be taken to avoid export to any embargoed destination. An Author other +than Hacktivismo may substitute that Author's legal name for +"Hacktivismo" in this Paragraph, in relation to any Program released +by that Author under this Paragraph. + +13. Contrary Judgments, Settlements and Court Orders. If, as a +consequence of a court judgment or allegation of patent infringement +or for any other reason (not limited to patent issues), conditions are +imposed on You (whether by court order, agreement or otherwise) that +contradict the conditions of this License Agreement, they do not +excuse You from the conditions of this License Agreement. If You +cannot distribute so as to satisfy simultaneously Your obligations +under this License Agreement and any other pertinent obligations, then +as a consequence You may not distribute the Software at all. For +example, if a patent license would not permit royalty-free +redistribution of the Program by all those who receive copies directly +or indirectly through You, then the only way You could satisfy both it +and this License Agreement would be to refrain entirely from +distribution of the Program. + +It is not the purpose of this Section 13 to induce You to infringe any +patents or other property right claims or to contest validity of any +such claims; this Section has the sole purpose of protecting the +integrity of the software distribution system reflected in this +License Agreement, which is implemented by public license +practices. Many people have made generous contributions to the wide +range of software distributed through related distribution systems, in +reliance on consistent application of such distribution systems; it is +up to the Author/donor to decide if he or she is willing to distribute +software through any other system and a Licensee cannot impose that +choice. + +14. Governmental Entities: Any Governmental Entity ("Governmental +Entity" is defined broadly as set forth in Section 0.13.1) or +Governmental Person (as "Governmental Person" is defined broadly in +Section 0.13.2), that uses, modifies, changes, copies, displays, +performs, or distributes the Program, or any Software or Derivative +Work based on the Program, may do so if and only if all of the +following terms and conditions (14.1 through 14.10, inclusive) are +agreed to and fully met: + +14.1 If it is the position of any Governmental Entity (or, in the case +of any "Governmental Person," if it is the position of that +Governmental Person's Governmental Entity) that any doctrine or +doctrines of law (including, without limitation, any doctrine(s) of +immunity or any formalities of contract formation) may render this +License Agreement unenforceable or less than fully enforceable against +such Governmental Entity, or any Governmental Person of such +Governmental Entity, then prior to any use, modification, change, +display, performance, copy or distribution of the Program, or of any +Software or Derivative Work based on the Program, or any part thereof, +by the Governmental Entity, or by any Governmental Person of that +Governmental Entity, the Governmental Entity shall be required to +inform the Author in writing of each such doctrine that is believed to +render this License Agreement or any part of it less than fully +enforceable against such Governmental Entity or any Governmental +Person of such entity, and to explain in reasonable detail what +additional steps, if taken, would render the License Agreement fully +enforceable against such entity or person. Failure to provide the +required written notice to the Author in advance of any such use, +modification, change, display, performance, copy or distribution, +shall constitute an irrevocable and conclusive waiver of any and all +reliance on any doctrine, by the Governmental Entity, that is not +included or that is omitted from the required written notice (failure +to provide any written notice means all reliance on any doctrine is +irrevocably waived). Any Governmental Entity that provides written +notice under this subsection is prohibited, as are all of the +Governmental Persons of such Governmental Entity, from making any use, +change, display, performance, copy, modification or distribution of +the Software or any part thereof, until such time as a License +Agreement is in place, agreed upon by the Author and by the +Governmental Entity, that such entity concedes is +fully-enforceable. Any use, modification, change, display, +performance, copy, or distribution following written notice under this +Paragraph, but without the implementation of an agreement as provided +herein, shall constitute an irrevocable and conclusive waiver by the +Governmental Entity (and any and all Governmental Persons of such +Governmental Entity) of any and all reliance on any legal doctrine +either referenced in such written notice or omitted from it. + +14.2 Any Governmental Entity that uses, copies, changes, modifies, or +distributes, the Software or any part or portion thereof, or any +Governmental Person who does so (whether that person's Governmental +Entity contends the person's action was, or was not, authorized or +official), permanently and irrevocably waives any defense based on +sovereign immunity, official immunity, the Act of State Doctrine, or +any other form of immunity, that might otherwise apply as a defense +to, or a bar against, any legal action based on the terms of this +License Agreement. + +14.2.1 With respect to any enforcement action brought by the Author in +a United States court against a foreign Governmental Entity, the +waiver by any Governmental Entity as provided in Subparagraphs 14.1 +and 14.2 is hereby expressly acknowledged by each such Governmental +Entity to constitute a "case . . . in which the foreign state has +waived its immunity," within the scope of 28 U.S.C. 1605(a)(1) of the +Foreign Sovereign Immunities Act of 1976 (as amended). Each such +Governmental Entity also specifically agrees and concedes that the +"commercial activity" exceptions to the FSIA, 28 U.S.C. 1605(a)(2), +(3) are also applicable. With respect to an action brought against the +United States or any United States Governmental Entity, in the courts +of any country, the U.S. Governmental Entity shall be understood to +have voluntarily agreed to a corresponding waiver of immunity from +actions in the courts of any other sovereign. + +14.2.2 With respect to any enforcement action brought by an authorized +end-user (as a third-party beneficiary, under the terms of +Subparagraphs 14.3 and 14.10) in a United States court against a +foreign Governmental Entity, the waiver by any Governmental Entity as +provided in Subparagraphs 14.1 and 14.2 is hereby expressly +acknowledged by each such Governmental Entity to constitute a "case +. . . in which the foreign state has waived its immunity," within the +scope of 28 U.S.C. 1605(a)(1) of the Foreign Sovereign Immunities Act +of 1976 (as amended). . Each such Governmental Entity also +specifically agrees and concedes that the "commercial activity" +exceptions to the FSIA, 28 U.S.C. 1605(a)(2), (3) are also +applicable. With respect to an action brought against the United +States or any United States Governmental Entity, in the courts of any +country, the U.S. Governmental Entity shall be understood to have +voluntarily agreed to a corresponding waiver of immunity from actions +in the courts of any other sovereign. + +14.2.3 With respect to any action or effort by the Author in the +United States to execute a judgment against a foreign Governmental +Entity, by attaching or executing process against the property of such +Governmental Entity, the waiver by any Governmental Entity as provided +in Subparagraphs 14.1 and 14.2 is hereby expressly acknowledged by +each such Governmental Entity to constitute a case in which "the +foreign state has waived its immunity from attachment in aid of +execution or from execution," in accordance with 28 U.S.C. 1610(a)(1) +of the Foreign Sovereign Immunities Act of 1976 (as amended). Each +such Governmental Entity also specifically agrees and concedes that +the "commercial activity" exceptions to the FSIA, 28 U.S.C. +1610(a)(2), (d) are also applicable. With respect to an action brought +against the United States or any United States Governmental Entity, in +the courts of any country, the U.S. Governmental Entity shall be +understood to have voluntarily agreed to a corresponding waiver of +immunity from actions in the courts of any other sovereign. + +14.2.4 With respect to any action or effort brought by an authorized +end-user (as a third-party beneficiary, in accordance with +Subparagraphs 14.3 and 14.10) in the United States to execute a +judgment against a foreign Governmental Entity, by attaching or +executing process against the property of such Governmental Entity, +the waiver by any Governmental Entity as provided in Subparagraphs +14.1 and 14.2 is hereby expressly acknowledged by each such +Governmental Entity to constitute a case in which "the foreign state +has waived its immunity from attachment in aid of execution or from +execution," in accordance with 28 U.S.C. 1610(a)(1) of the Foreign +Sovereign Immunities Act of 1976 (as amended). Each such Governmental +Entity also specifically agrees and concedes that the "commercial +activity" exceptions to the FSIA, 28 U.S.C. 1610(a)(2), (d) are also +applicable. With respect to an action brought against the United +States or any United States Governmental Entity, in the courts of any +country, the U.S. Governmental Entity shall be understood to have +voluntarily agreed to a corresponding waiver of immunity from actions +in the courts of any other sovereign. + +14.3 Any Governmental Entity that uses, copies, changes, modifies, +displays, performs, or distributes the Software or any part thereof, +or any Governmental Person who does so (whether that person's +Governmental Entity contends the person's action was, or was not, +authorized or official), and thereby violates any terms and conditions +of Section 9 (restrictions on modification), or Paragraph 10 (use +restrictions), agrees that the person or entity is subject not only to +an action by the Author, for the enforcement of this License Agreement +and for money damages and injunctive relief (as well as attorneys' +fees, additional and statutory damages, and other remedies as provided +by law), but such Governmental Entity and/or Person also shall be +subject to a suit for money damages and injunctive relief by any +person whose human rights have been violated or infringed, in +violation of this License Agreement, or through the use of any +Software in violation of this License Agreement. Any person who brings +an action under this section against any Governmental Person or Entity +must notify the Author promptly of the action and provide the Author +the opportunity to intervene to assert the Author's own +rights. Damages in such a third-party action shall be measured by the +severity of the human rights violation and the copyright infringement +or License Agreement violation, combined, and not merely by reference +to the copyright infringement. All end-users, to the extent that they +are entitled to bring suit against such Governmental Entity by way of +this License Agreement, are intended third-party beneficiaries of this +License Agreement. Punitive damages may be awarded in such a +third-party action against a Governmental Entity or Governmental +Person, and each and every such Governmental Entity or Person +conclusively waives all restrictions on the amount of punitive +damages, and all defenses to the award of punitive damages to the +extend such limitations or defenses depend upon or are a function of +such person or entity's status as a Governmental Person or +Governmental Entity. + +14.4 Any State of the United States, or any subunit or Governmental +Entity thereof, that uses, copies, changes, modifies, displays, +performs, or distributes the Software of any part thereof, or any of +whose Governmental Persons does so (whether that person's Governmental +Entity contends the person's action was, or was not, authorized or +official), unconditionally and irrevocably waives for purposes of any +legal action (i) to enforce this License Agreement, (ii) to remedy +infringement of the Author's copyright, or (iii) to invoke any of the +third-party beneficiary rights set forth in Section 14.3 -- any +immunity under the Eleventh Amendment of the United States +Constitution or any other immunity doctrine (such as sovereign +immunity or qualified, or other, official immunity) that may apply to +state governments, subunits, or to their Governmental Persons. + +14.5 Any Governmental Entity (including, without limitation, any State +of the United States), that uses, copies, changes, modifies, performs, +displays, or distributes the Software or any part thereof, or any of +whose Governmental Persons does so (whether that person's Governmental +Entity contends the person's action was, or was not, authorized or +official), unconditionally and irrevocably waives for purposes of any +legal action (i) to enforce this License Agreement, (ii) to remedy +infringement of the Author's copyright, or (iii) to invoke any of the +third-party beneficiary rights set forth in Section 14.3 any doctrine +(such as, but not limited to, the holding in the United States Supreme +Court decision of Ex Parte Young) that might purport to limit remedies +solely to prospective injunctive relief. Also explicitly and +irrevocably waived is any underlying immunity doctrine that would +require the recognition of such a limited exception for purposes of +remedies. The remedies against such governmental entities and persons +shall explicitly include money damages, additional damages, statutory +damages, consequential damages, exemplary damages, punitive damages, +costs and fees that might otherwise be barred or limited in amount on +account of governmental status. + +14.6 Any Governmental Entity that uses, copies, changes, modifies, +displays, performs, or distributes the Software or any part thereof, +or any of whose Governmental Persons does so (whether that person's +Governmental Entity contends the person's action was, or was not, +authorized or official), unconditionally and irrevocably waives for +purposes of any legal action (i) to enforce this License Agreement, +(ii) to remedy infringement of the Author's copyright, or (iii) to +invoke any of the third-party beneficiary rights set forth in Section +14.3 any and all reliance on the Act of State doctrine, sovereign +immunity, international comity, or any other doctrine of immunity +whether such doctrine is recognized in that government's own courts, +or in the courts of any other government or nation. + +14.6.1 Consistent with Subparagraphs 14.2.1 through 14.2.4, this +waiver shall explicitly be understood to constitute a waiver not only +against suit, but also against execution against property, for +purposes of the Foreign Sovereign Immunities Act of 1976 (as +amended). All United States Governmental Entities shall be understood +to have agreed to a corresponding waiver of immunity against (i) suit +in the courts of other sovereigns, and (ii) execution against property +of the United States located within the territory of other countries. + +14.7 Governmental Persons, (i) who violate this License Agreement +(whether that person's Governmental Entity contends the person's +action was, or was not, authorized or official), or (ii) who are +personally involved in any activity, policy or practice of a +governmental entity that violates this License Agreement (whether that +person's Governmental Entity contends the person's action was, or was +not, authorized or official), or (iii) that use, copy, change, modify, +perform, display or distribute, the Software or any part thereof, when +their Governmental Entity is not permitted to do so, or is not a +Qualified Licensee, or has violated the terms of this License +Agreement, each and all individually waive and shall not be permitted +to assert any defense of official immunity, "good faith" immunity, +qualified immunity, absolute immunity, or other immunity based on his +or her governmental status. + +14.8 No Governmental Entity, nor any Governmental Person thereof may, +by legislative, regulatory, or other action, exempt such Governmental +Entity, subunit, or person, from the terms of this License Agreement, +if the Governmental Entity or any such person has voluntarily used, +modified, copied, displayed, performed, or distributed the Software or +any part thereof. + +14.9 Enforcement In Courts of Other Sovereigns Permitted. By using, +modifying, changing, displaying, performing or distributing any +Software covered by this License Agreement, any Governmental Entity +hereby voluntarily and irrevocably consents, for purposes of (i) any +action to enforce the terms of this License Agreement, and (ii) any +action to enforce the Author's copyright (whether such suit be for +injunctive relief, damages, or both) to the jurisdiction of any court +or tribunal in any other country (or a court of competent jurisdiction +of a subunit, province, or state of such country) in which the terms +of this License Agreement are believed by the Author to be +enforceable. Each such Governmental Entity hereby waives all +objections to personal jurisdiction, all objections based on +international comity, all objections based on the doctrine of forum +non conveniens, and all objections based on sovereign or governmental +status or immunity that might otherwise be asserted in the courts of +some other sovereign. + +14.9.1 The Waiver by any Governmental Entity of a country other than +the United States shall be understood explicitly to constitute a +waiver for purposes of the Foreign Sovereign Immunities Act of 1976 +(see Subparagraphs 14.2.1to 14.2.4, inclusive, supra), and all United +States Governmental Entities shall be understood to have agreed to a +waive correspondingly broad in scope with respect to actions brought +in the courts of other sovereigns. + +14.9.2 Forum Selection Non-U.S. Governmental Entities. Governmental +Entities that are not United States Governmental Entities shall be +subject to suit, and agree to be subject to suit, in the United States +District Court for the District of Columbia. The Author or an +authorized end-user may bring an action in another court in another +country, but the United States District Court for the District of +Columbia, shall always be available as an agreed-upon forum for such +an action. At the optional election of any Author (or, in the case of +a third-party claim, any end-user asserting rights under Subparagraphs +14.3 and 14.10), such a suit against a non-U.S. Governmental Entity or +Person may be brought in the United States District Court for the +Southern District of New York, or the United States District Court for +the Northern District of California, as a direct substitute for the +United States District Court for the District of Columbia, for all +purposes of this Subparagraph. + +14.9.3 Forum Selection U.S. Governmental Entities. All United States +Governmental Entities shall be subject to suit, and agree to be +subject to suit, in the following (non-exclusive) list of fora: +Ottawa, Canada, London, England, and Paris, France. The Author or an +authorized end-user may bring action in another court that can +exercise jurisdiction. But the courts in these three locations shall +always be available (at the option of the Author or an authorized +end-user) as a forum for resolving any dispute with the United States +or a governmental subunit thereof. Except as provided in Subparagraph +14.10, any and all United States Governmental Persons shall be subject +to suit wherever applicable rules of personal jurisdiction and venue +shall permit such suit to be filed, but no such United States +Governmental Person may assert any defense based on forum non +conveniens or international comity, to the selection of any particular +lawful venue. + +14.10 Enforcement Of Claims For Human Rights Violations. By using, +copying, modifying, changing, performing, displaying or distributing +the Software covered by this License Agreement, any Governmental +Entity, or Governmental Person hereby voluntarily and irrevocably +consents -- for purposes of any third-party action to remedy human +rights violations and other violations of this License Agreement (as +reflected in Section 14.3) -- to the jurisdiction of any court or +tribunal in any other country (or a court of competent jurisdiction of +a subunit, province, or state of such country) in which the +third-party beneficiary reasonably believes the relevant terms of this +License Agreement are enforceable. The Governmental Entity or Person +hereby waives all objections to personal jurisdiction, all objections +based on international comity, all objections based on the doctrine of +forum non conveniens, and all objections based on sovereign or +governmental status or immunity that might otherwise be asserted in +the courts of some other sovereign. + +14.10.1 Waiver of Immunity and Forum Selection. The presumptively +valid and preferred fora identified in Subparagraphs 14.9.2 and 14.9.3 +shall also apply for purposes of Subparagraph 14.10. All Governmental +Entities are subject to the same Waiver of Immunity as set forth in +Subparagraphs 14.2.1 to 14.2.4, inclusive. + +15. Subsequent Versions of HESSLA. Hacktivismo may publish revised +and/or new versions of the Hacktivismo Enhanced-Source Software +License Agreement from time to time. Such new versions will be similar +in spirit to the present version, but may differ in detail to address +new problems or concerns. + +Each version is given a distinguishing version number. Any Program +released by Hacktivismo under a version of this License Agreement +prior to Version 1.0, shall be considered released under Version 1.0 +of the Hacktivismo Enhanced-Source Software License Agreement, once +Version 1.0 is formally released. Prior to Version 1.0, any Software +released by Hacktivismo or a Licensee of Hacktivismo under a +lower-numbered version of the HESSLA shall be considered automatically +to be subject to a higher-number version of the HESSLA, whenever a +later-numbered version has been released. + +Concerning the work of any other Author, if the Program specifies a +version number of this License Agreement which applies to it and "any +later version," You have the option of following the terms and +conditions either of that version or of any later version published by +Hacktivismo. If the Program does not specify a version number of this +License Agreement, You may choose any version after 1.0, once version +1.0 is published by Hacktivismo, and prior to publication of version +1.0, You may choose any version of the Hacktivismo Software License +Agreement then published by Hacktivismo. If the Program released by +another Author, specifies only a version number, then that version +number only shall apply. If "the latest version," is specified, then +the latest version of the HESSLA published on the Hacktivismo Website +shall always apply at all times. + +16. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED UNDER THIS +LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY, EITHER EXPRESS OR +IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF +NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE +OR FIT FOR A PARTICULAR PURPOSE. THE SOFTWARE IS PROVIDED WITH ALL +FAULTS. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH +YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL +NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY +CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO LICENSE TO ORIGINAL +WORK IS GRANTED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. + +17. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO +LEGAL THEORY, WHETHER TORT (INCLUDING THE AUTHOR'S NEGLIGENCE), +CONTRACT, OR OTHERWISE, SHALL THE AUTHOR BE LIABLE TO ANY PERSON FOR +ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF +ANY CHARACTER ARISING AS A RESULT OF THIS LICENSE OR THE USE OF THE +SOFTWARE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, +WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER +COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PERSON SHALL HAVE BEEN +INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF +LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY +RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW +PROHIBITS SUCH LIMITATION, BUT SHALL EXCLUDE SUCH LIABILITY TO THE +EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION +OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS +EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. + +18. ENCRYPTION KEYS AND PUBLIC KEY INFRASTRUCTURE. SOFTWARE RELEASED +UNDER THIS LICENSE AGREEMENT MAY REQUIRE A DIGITAL CERTIFICATE, OR AN +ENCRYPTION KEY "SIGNED" BY A TRUSTED PARTY, TO FUNCTION. AUTHOR +UNDERTAKES NO RESPONSIBILITY FOR THE PROPER, SECURE, AND ADEQUATE +FUNCTIONING OF ANY CRYPTOGRAPHIC SYSTEMS, OF ANY CRYPTOGRAPHIC KEYS, +OR FOR THE TRUSTWORTHINESS OF ANY END-USER, ANY ISSUER OF +CERTIFICATES, OR OF ANY SIGNER OF ENCRYPTION KEYS. USE OF THIS +SOFTWARE IS AT THE END-USER'S SOLE AND EXCLUSIVE RISK. IN ANY +PUBLIC-KEY INFRASTRUCTURE ("PKI") SYSTEM, AN END-USER'S LEGAL +RELATIONSHIP WITH THE END-USER'S CERTIFICATION AUTHORITY DOES NOT +INCLUDE OR ENCOMPASS ANY LEGAL RELATIONSHIP WITH THE AUTHOR, AND IS +GOVERNED SOLELY AND EXCLUSIVELY BY THE CERTIFICATION AUTHORITY'S +CERTIFICATION PRACTICE STATEMENT AND CERTIFICATION AGREEMENTS. AUTHOR +ASSUMES NO RESPONSIBILITY FOR THE ACTIONS OR OMISSIONS OF ANY END-USER +OR ANY CERTIFICATION AUTHORITY. + +18. Saving Clause. If any portion of this License Agreement is held +invalid or unenforceable under any particular circumstance, the +balance of the License Agreement is intended to apply and the License +Agreement as a whole is intended to apply in other circumstances. END OF TERMS AND CONDITIONS @@ -1,99 +1,200 @@ IPA Font License Agreement v1.0 (090305) - -The Licensor provides the Licensed Program (as defined in Article 1 below) under the terms of this license agreement ("Agreement"). Any use, reproduction or distribution of the Licensed Program, or any exercise of rights under this Agreement by a Recipient (as defined in Article 1 below) constitutes the Recipient's acceptance of this Agreement. +The Licensor provides the Licensed Program (as defined in Article 1 +below) under the terms of this license agreement ("Agreement"). Any +use, reproduction or distribution of the Licensed Program, or any +exercise of rights under this Agreement by a Recipient (as defined in +Article 1 below) constitutes the Recipient's acceptance of this +Agreement. - Article 1 (Definitions) -1. "Digital Font Program" shall mean a computer program containing, or used to render or display fonts. +1. "Digital Font Program" shall mean a computer program containing, +or used to render or display fonts. -2. "Licensed Program" shall mean a Digital Font Program licensed by the Licensor under this Agreement. +2. "Licensed Program" shall mean a Digital Font Program licensed by +the Licensor under this Agreement. -3. "Derived Program" shall mean a Digital Font Program created as a result of a modification, addition, deletion, replacement or any other adaptation to or of a part or all of the Licensed Program, and includes a case where a Digital Font Program newly created by retrieving font information from a part or all of the Licensed Program or Embedded Fonts from a Digital Document File with or without modification of the retrieved font information. +3. "Derived Program" shall mean a Digital Font Program created as a +result of a modification, addition, deletion, replacement or any other +adaptation to or of a part or all of the Licensed Program, and +includes a case where a Digital Font Program newly created by +retrieving font information from a part or all of the Licensed Program +or Embedded Fonts from a Digital Document File with or without +modification of the retrieved font information. -4. "Digital Content" shall mean products provided to end users in the form of digital data, including video content, motion and/or still pictures, TV programs or other broadcasting content and products consisting of character text, pictures, photographic images, graphic symbols and/or the like. +4. "Digital Content" shall mean products provided to end users in the +form of digital data, including video content, motion and/or still +pictures, TV programs or other broadcasting content and products +consisting of character text, pictures, photographic images, graphic +symbols and/or the like. -5. "Digital Document File" shall mean a PDF file or other Digital Content created by various software programs in which a part or all of the Licensed Program becomes embedded or contained in the file for the display of the font ("Embedded Fonts"). Embedded Fonts are used only in the display of characters in the particular Digital Document File within which they are embedded, and shall be distinguished from those in any Digital Font Program, which may be used for display of characters outside that particular Digital Document File. +5. "Digital Document File" shall mean a PDF file or other Digital +Content created by various software programs in which a part or all of +the Licensed Program becomes embedded or contained in the file for the +display of the font ("Embedded Fonts"). Embedded Fonts are used only +in the display of characters in the particular Digital Document File +within which they are embedded, and shall be distinguished from those +in any Digital Font Program, which may be used for display of +characters outside that particular Digital Document File. -6. "Computer" shall include a server in this Agreement. +6. "Computer" shall include a server in this Agreement. -7. "Reproduction and Other Exploitation" shall mean reproduction, transfer, distribution, lease, public transmission, presentation, exhibition, adaptation and any other exploitation. +7. "Reproduction and Other Exploitation" shall mean reproduction, +transfer, distribution, lease, public transmission, presentation, +exhibition, adaptation and any other exploitation. -8. "Recipient" shall mean anyone who receives the Licensed Program under this Agreement, including one that receives the Licensed Program from a Recipient. +8. "Recipient" shall mean anyone who receives the Licensed Program +under this Agreement, including one that receives the Licensed Program +from a Recipient. - Article 2 (Grant of License) -The Licensor grants to the Recipient a license to use the Licensed Program in any and all countries in accordance with each of the provisions set forth in this Agreement. However, any and all rights underlying in the Licensed Program shall be held by the Licensor. In no sense is this Agreement intended to transfer any right relating to the Licensed Program held by the Licensor except as specifically set forth herein or any right relating to any trademark, trade name, or service mark to the Recipient. +The Licensor grants to the Recipient a license to use the Licensed +Program in any and all countries in accordance with each of the +provisions set forth in this Agreement. However, any and all rights +underlying in the Licensed Program shall be held by the Licensor. In +no sense is this Agreement intended to transfer any right relating to +the Licensed Program held by the Licensor except as specifically set +forth herein or any right relating to any trademark, trade name, or +service mark to the Recipient. - -1. The Recipient may install the Licensed Program on any number of Computers and use the same in accordance with the provisions set forth in this Agreement. +1. The Recipient may install the Licensed Program on any number of +Computers and use the same in accordance with the provisions set forth +in this Agreement. -2. The Recipient may use the Licensed Program, with or without modification in printed materials or in Digital Content as an expression of character texts or the like. +2. The Recipient may use the Licensed Program, with or without +modification in printed materials or in Digital Content as an +expression of character texts or the like. -3. The Recipient may conduct Reproduction and Other Exploitation of the printed materials and Digital Content created in accordance with the preceding Paragraph, for commercial or non-commercial purposes and in any form of media including but not limited to broadcasting, communication and various recording media. +3. The Recipient may conduct Reproduction and Other Exploitation of +the printed materials and Digital Content created in accordance with +the preceding Paragraph, for commercial or non-commercial purposes and +in any form of media including but not limited to broadcasting, +communication and various recording media. -4. If any Recipient extracts Embedded Fonts from a Digital Document File to create a Derived Program, such Derived Program shall be subject to the terms of this agreement. +4. If any Recipient extracts Embedded Fonts from a Digital Document +File to create a Derived Program, such Derived Program shall be +subject to the terms of this agreement. -5. If any Recipient performs Reproduction or Other Exploitation of a Digital Document File in which Embedded Fonts of the Licensed Program are used only for rendering the Digital Content within such Digital Document File then such Recipient shall have no further obligations under this Agreement in relation to such actions. +5. If any Recipient performs Reproduction or Other Exploitation of a +Digital Document File in which Embedded Fonts of the Licensed Program +are used only for rendering the Digital Content within such Digital +Document File then such Recipient shall have no further obligations +under this Agreement in relation to such actions. -6. The Recipient may reproduce the Licensed Program as is without modification and transfer such copies, publicly transmit or otherwise redistribute the Licensed Program to a third party for commercial or non-commercial purposes ("Redistribute"), in accordance with the provisions set forth in Article 3 Paragraph 2. +6. The Recipient may reproduce the Licensed Program as is without +modification and transfer such copies, publicly transmit or otherwise +redistribute the Licensed Program to a third party for commercial or +non-commercial purposes ("Redistribute"), in accordance with the +provisions set forth in Article 3 Paragraph 2. -7. The Recipient may create, use, reproduce and/or Redistribute a Derived Program under the terms stated above for the Licensed Program: provided, that the Recipient shall follow the provisions set forth in Article 3 Paragraph 1 when Redistributing the Derived Program. +7. The Recipient may create, use, reproduce and/or Redistribute a +Derived Program under the terms stated above for the Licensed Program: +provided, that the Recipient shall follow the provisions set forth in +Article 3 Paragraph 1 when Redistributing the Derived Program. - Article 3 (Restriction) -The license granted in the preceding Article shall be subject to the following restrictions: +The license granted in the preceding Article shall be subject to the +following restrictions: - -1. If a Derived Program is Redistributed pursuant to Paragraph 4 and 7 of the preceding Article, the following conditions must be met : +1. If a Derived Program is Redistributed pursuant to Paragraph 4 and +7 of the preceding Article, the following conditions must be met: -(1) The following must be also Redistributed together with the Derived Program, or be made available online or by means of mailing mechanisms in exchange for a cost which does not exceed the total costs of postage, storage medium and handling fees: +(1) The following must be also Redistributed together with the Derived +Program, or be made available online or by means of mailing mechanisms +in exchange for a cost which does not exceed the total costs of +postage, storage medium and handling fees: -(a) a copy of the Derived Program; and + (a) a copy of the Derived Program; and -(b) any additional file created by the font developing program in the course of creating the Derived Program that can be used for further modification of the Derived Program, if any. + (b) any additional file created by the font developing program in + the course of creating the Derived Program that can be used for + further modification of the Derived Program, if any. -(2) It is required to also Redistribute means to enable recipients of the Derived Program to replace the Derived Program with the Licensed Program first released under this License (the "Original Program"). Such means may be to provide a difference file from the Original Program, or instructions setting out a method to replace the Derived Program with the Original Program. +(2) It is required to also Redistribute means to enable recipients of +the Derived Program to replace the Derived Program with the Licensed +Program first released under this License (the "Original Program"). +Such means may be to provide a difference file from the Original +Program, or instructions setting out a method to replace the Derived +Program with the Original Program. -(3) The Recipient must license the Derived Program under the terms and conditions of this Agreement. +(3) The Recipient must license the Derived Program under the terms and +conditions of this Agreement. -(4) No one may use or include the name of the Licensed Program as a program name, font name or file name of the Derived Program. +(4) No one may use or include the name of the Licensed Program as a +program name, font name or file name of the Derived Program. -(5) Any material to be made available online or by means of mailing a medium to satisfy the requirements of this paragraph may be provided, verbatim, by any party wishing to do so. +(5) Any material to be made available online or by means of mailing a +medium to satisfy the requirements of this paragraph may be provided, +verbatim, by any party wishing to do so. -2. If the Recipient Redistributes the Licensed Program pursuant to Paragraph 6 of the preceding Article, the Recipient shall meet all of the following conditions: +2. If the Recipient Redistributes the Licensed Program pursuant to +Paragraph 6 of the preceding Article, the Recipient shall meet all of +the following conditions: -(1) The Recipient may not change the name of the Licensed Program. +(1) The Recipient may not change the name of the Licensed Program. -(2) The Recipient may not alter or otherwise modify the Licensed Program. +(2) The Recipient may not alter or otherwise modify the Licensed +Program. -(3) The Recipient must attach a copy of this Agreement to the Licensed Program. +(3) The Recipient must attach a copy of this Agreement to the Licensed +Program. -3. THIS LICENSED PROGRAM IS PROVIDED BY THE LICENSOR "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTY AS TO THE LICENSED PROGRAM OR ANY DERIVED PROGRAM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXTENDED, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO; PROCUREMENT OF SUBSTITUTED GOODS OR SERVICE; DAMAGES ARISING FROM SYSTEM FAILURE; LOSS OR CORRUPTION OF EXISTING DATA OR PROGRAM; 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 INSTALLATION, USE, THE REPRODUCTION OR OTHER EXPLOITATION OF THE LICENSED PROGRAM OR ANY DERIVED PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. +3. THIS LICENSED PROGRAM IS PROVIDED BY THE LICENSOR "AS IS" AND ANY +EXPRESSED OR IMPLIED WARRANTY AS TO THE LICENSED PROGRAM OR ANY +DERIVED PROGRAM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, +NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR +PURPOSE, ARE DISCLAIMED. IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR +ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXTENDED, EXEMPLARY, OR +CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO; PROCUREMENT OF +SUBSTITUTED GOODS OR SERVICE; DAMAGES ARISING FROM SYSTEM FAILURE; +LOSS OR CORRUPTION OF EXISTING DATA OR PROGRAM; 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 INSTALLATION, USE, THE REPRODUCTION OR OTHER +EXPLOITATION OF THE LICENSED PROGRAM OR ANY DERIVED PROGRAM OR THE +EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE +POSSIBILITY OF SUCH DAMAGES. -4. The Licensor is under no obligation to respond to any technical questions or inquiries, or provide any other user support in connection with the installation, use or the Reproduction and Other Exploitation of the Licensed Program or Derived Programs thereof. +4. The Licensor is under no obligation to respond to any technical +questions or inquiries, or provide any other user support in +connection with the installation, use or the Reproduction and Other +Exploitation of the Licensed Program or Derived Programs thereof. - Article 4 (Termination of Agreement) -1. The term of this Agreement shall begin from the time of receipt of the Licensed Program by the Recipient and shall continue as long as the Recipient retains any such Licensed Program in any way. +1. The term of this Agreement shall begin from the time of receipt of +the Licensed Program by the Recipient and shall continue as long as +the Recipient retains any such Licensed Program in any way. -2. Notwithstanding the provision set forth in the preceding Paragraph, in the event of the breach of any of the provisions set forth in this Agreement by the Recipient, this Agreement shall automatically terminate without any notice. In the case of such termination, the Recipient may not use or conduct Reproduction and Other Exploitation of the Licensed Program or a Derived Program: provided that such termination shall not affect any rights of any other Recipient receiving the Licensed Program or the Derived Program from such Recipient who breached this Agreement. +2. Notwithstanding the provision set forth in the preceding +Paragraph, in the event of the breach of any of the provisions set +forth in this Agreement by the Recipient, this Agreement shall +automatically terminate without any notice. In the case of such +termination, the Recipient may not use or conduct Reproduction and +Other Exploitation of the Licensed Program or a Derived Program: +provided that such termination shall not affect any rights of any +other Recipient receiving the Licensed Program or the Derived Program +from such Recipient who breached this Agreement. - Article 5 (Governing Law) -1. IPA may publish revised and/or new versions of this License. In such an event, the Recipient may select either this Agreement or any subsequent version of the Agreement in using, conducting the Reproduction and Other Exploitation of, or Redistributing the Licensed Program or a Derived Program. Other matters not specified above shall be subject to the Copyright Law of Japan and other related laws and regulations of Japan. +1. IPA may publish revised and/or new versions of this License. In +such an event, the Recipient may select either this Agreement or any +subsequent version of the Agreement in using, conducting the +Reproduction and Other Exploitation of, or Redistributing the Licensed +Program or a Derived Program. Other matters not specified above shall +be subject to the Copyright Law of Japan and other related laws and +regulations of Japan. -2. This Agreement shall be construed under the laws of Japan. +2. This Agreement shall be construed under the laws of Japan. diff --git a/common/NPL1.0 b/common/NPL1.0 index 46a14a8..32b300e 100644 --- a/common/NPL1.0 +++ b/common/NPL1.0 @@ -3,136 +3,409 @@ Version 1.0 1. Definitions. -1.1. ``Contributor'' means each entity that creates or contributes to the creation of Modifications. -1.2. ``Contributor Version'' means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor. +1.1. ``Contributor'' means each entity that creates or contributes to +the creation of Modifications. -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. +1.2. ``Contributor Version'' means the combination of the Original +Code, prior Modifications used by a Contributor, and the Modifications +made by that particular Contributor. -1.4. ``Electronic Distribution Mechanism'' means a mechanism generally accepted in the software development community for the electronic transfer of data. +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. -1.5. ``Executable'' means Covered Code in any form other than Source Code. +1.4. ``Electronic Distribution Mechanism'' means a mechanism generally +accepted in the software development community for the electronic +transfer of data. -1.6. ``Initial Developer'' means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A. +1.5. ``Executable'' means Covered Code in any form other than Source +Code. -1.7. ``Larger Work'' means a work which combines Covered Code or portions thereof with code not governed by the terms of this License. +1.6. ``Initial Developer'' means the individual or entity identified +as the Initial Developer in the Source Code notice required by Exhibit +A. -1.8. ``License'' means this document. - -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. +1.7. ``Larger Work'' means a work which combines Covered Code or +portions thereof with code not governed by the terms of this License. -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. - -1.11. ``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 a list of 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. +1.8. ``License'' means this document. -1.12. ``You'' 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 fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity. +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. + +1.11. ``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 a list of 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'' 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 fifty percent (50%) or more 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) to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, or as part of a Larger Work; and - -(b) under patents now or hereafter owned or controlled by Initial Developer, to make, have made, use and sell (``Utilize'') the Original Code (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Original Code (or portions thereof) and not to any greater extent that may be necessary to Utilize further Modifications or combinations. - -2.2. Contributor Grant. -Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims: - -(a) 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 or as part of a Larger Work; and - -(b) under patents now or hereafter owned or controlled by Contributor, to Utilize the Contributor Version (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Contributor Version (or portions thereof), and not to any greater extent that may be necessary to Utilize further Modifications or combinations. +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) to use, reproduce, modify, display, perform, sublicense and + distribute the Original Code (or portions thereof) with or without + Modifications, or as part of a Larger Work; and + + (b) under patents now or hereafter owned or controlled by Initial + Developer, to make, have made, use and sell (``Utilize'') the + Original Code (or portions thereof), but solely to the extent that + any such patent is reasonably necessary to enable You to Utilize the + Original Code (or portions thereof) and not to any greater extent + that may be necessary to Utilize further Modifications or + combinations. + +2.2. Contributor Grant. +Each Contributor hereby grants You a world-wide, royalty-free, +non-exclusive license, subject to third party intellectual property +claims: + + (a) 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 or as part of a Larger Work; and + + (b) under patents now or hereafter owned or controlled by + Contributor, to Utilize the Contributor Version (or portions + thereof), but solely to the extent that any such patent is + reasonably necessary to enable You to Utilize the Contributor + Version (or portions thereof), and not to any greater extent that + may be necessary to Utilize further Modifications or combinations. 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. +3.1. 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 You have knowledge that a party claims an intellectual property right in particular functionality or code (or its utilization under this License), you 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 you obtain such knowledge after You make Your Modification available as described in Section 3.2, 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 Covered Code that new knowledge has been obtained. - -(b) Contributor APIs. -If Your Modification is an application programming interface and You own or control patents which are reasonably necessary to implement that API, you must also include this information in the LEGAL file. - -3.5. Required Notices. -You must duplicate the notice in Exhibit A in each file of the Source Code, and this License in any documentation for the Source Code, where You describe recipients' rights relating to Covered Code. If You created one or more Modification(s), You may add your name as a Contributor to the notice described in Exhibit A. 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 file) where a user would be likely to look for such a notice. 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 under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer. - -3.7. Larger Works. -You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code. +(a) Third Party Claims. +If You have knowledge that a party claims an intellectual property +right in particular functionality or code (or its utilization under +this License), you 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 you obtain such knowledge after You make Your +Modification available as described in Section 3.2, 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 +Covered Code that new knowledge has been obtained. + +(b) Contributor APIs. +If Your Modification is an application programming interface and You +own or control patents which are reasonably necessary to implement +that API, you must also include this information in the LEGAL file. + +3.5. Required Notices. +You must duplicate the notice in Exhibit A in each file of the Source +Code, and this License in any documentation for the Source Code, where +You describe recipients' rights relating to Covered Code. If You +created one or more Modification(s), You may add your name as a +Contributor to the notice described in Exhibit A. 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 file) where a user would be likely to look for +such a notice. 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 under a license of Your choice, which may contain terms different +from this License, provided that You are in compliance with the terms +of this License and that the license for the Executable version does +not attempt to limit or alter the recipient's rights in the Source +Code version from the rights set forth in this License. If You +distribute the Executable version under a different license You must +make it absolutely clear that any terms which differ from this License +are offered by You alone, not by the Initial Developer or any +Contributor. You hereby agree to indemnify the Initial Developer and +every Contributor for any liability incurred by the Initial Developer +or such Contributor as a result of any such terms You offer. + +3.7. Larger Works. +You may create a Larger Work by combining Covered Code with other code +not governed by the terms of this License and distribute the Larger +Work as a single product. In such a case, You must make sure the +requirements of this License are fulfilled for the Covered Code. 4. Inability to Comply Due to Statute or Regulation. -If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute 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 +or regulation then You must: (a) comply with the terms of this License +to the maximum extent possible; and (b) describe the limitations and +the code they affect. Such description must be included in the LEGAL +file described in Section 3.4 and must be included with all +distributions of the Source Code. Except to the extent prohibited by +statute or regulation, such description must be sufficiently detailed +for a recipient of ordinary skill to be able to understand it. 5. Application of this License. -This License applies to code to which the Initial Developer has attached the notice in Exhibit A, and to related Covered Code. -6. Versions of the License. -6.1. New Versions. -Netscape Communications Corporation (``Netscape'') 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 Netscape. No one other than Netscape has the right to modify the terms applicable to Covered Code created under this License. +This License applies to code to which the Initial Developer has +attached the notice in Exhibit A, and to related Covered Code. -6.3. Derivative Works. -If you create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), you must (a) rename Your license so that the phrases ``Mozilla'', ``MOZILLAPL'', ``MOZPL'', ``Netscape'', ``NPL'' or any confusingly similar phrase do not appear anywhere in your license and (b) otherwise make it clear that your version of the license contains terms which differ from the Mozilla Public License and Netscape Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.) +6. Versions of the License. +6.1. New Versions. +Netscape Communications Corporation (``Netscape'') 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 Netscape. No one +other than Netscape has the right to modify the terms applicable to +Covered Code created under this License. + +6.3. Derivative Works. +If you create or use a modified version of this License (which you may +only do in order to apply it to code which is not already Covered Code +governed by this License), you must (a) rename Your license so that +the phrases ``Mozilla'', ``MOZILLAPL'', ``MOZPL'', ``Netscape'', +``NPL'' or any confusingly similar phrase do not appear anywhere in +your license and (b) otherwise make it clear that your version of the +license contains terms which differ from the Mozilla Public License +and Netscape Public License. (Filling in the name of the Initial +Developer, Original Code or Contributor in the notice described in +Exhibit A shall not of themselves be deemed to be modifications of +this License.) 7. DISCLAIMER OF WARRANTY. -COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. +COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS'' BASIS, +WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, +WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF +DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR +NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF +THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE +IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER +CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR +CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART +OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER +EXCEPT UNDER THIS DISCLAIMER. + 8. TERMINATION. -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. +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. + 9. LIMITATION OF LIABILITY. -UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER 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 THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. +UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT +(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL +DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, +OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER +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 +THAT 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: (a) unless otherwise agreed in writing, all disputes relating to this License (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration, with the losing party paying all costs of arbitration; (b) any arbitration relating to this Agreement shall be held in Santa Clara County, California, under the auspices of JAMS/EndDispute; and (c) any litigation relating to this Agreement 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: (a) unless otherwise agreed in writing, +all disputes relating to this License (excepting any dispute relating +to intellectual property rights) shall be subject to final and binding +arbitration, with the losing party paying all costs of arbitration; +(b) any arbitration relating to this Agreement shall be held in Santa +Clara County, California, under the auspices of JAMS/EndDispute; and +(c) any litigation relating to this Agreement 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. -Except in cases where another Contributor has failed to comply with Section 3.4, You are responsible for damages arising, directly or indirectly, out of Your utilization of rights under this License, based on the number of copies of Covered Code you made available, the revenues you received from utilizing such rights, and other relevant factors. You agree to work with affected parties to distribute responsibility on an equitable basis. +Except in cases where another Contributor has failed to comply with +Section 3.4, You are responsible for damages arising, directly or +indirectly, out of Your utilization of rights under this License, +based on the number of copies of Covered Code you made available, the +revenues you received from utilizing such rights, and other relevant +factors. You agree to work with affected parties to distribute +responsibility on an equitable basis. + AMENDMENTS Additional Terms applicable to the Netscape Public License. -I. Effect. -These additional terms described in this Netscape Public License -- Amendments shall apply to the Mozilla Communicator client code and to all Covered Code under this License. - -II. ``Netscape's Branded Code'' means Covered Code that Netscape distributes and/or permits others to distribute under one or more trademark(s) which are controlled by Netscape but which are not licensed for use under this License. - -III. Netscape and logo. -This License does not grant any rights to use the trademark ``Netscape'', the ``Netscape N and horizon'' logo or the Netscape lighthouse logo, even if such marks are included in the Original Code. - -IV. Inability to Comply Due to Contractual Obligation. -Prior to licensing the Original Code under this License, Netscape has licensed third party code for use in Netscape's Branded Code. To the extent that Netscape is limited contractually from making such third party code available under this License, Netscape may choose to reintegrate such code into Covered Code without being required to distribute such code in Source Code form, even if such code would otherwise be considered ``Modifications'' under this License. +I. Effect. +These additional terms described in this Netscape Public License -- +Amendments shall apply to the Mozilla Communicator client code and to +all Covered Code under this License. + +II. ``Netscape's Branded Code'' means Covered Code that Netscape +distributes and/or permits others to distribute under one or more +trademark(s) which are controlled by Netscape but which are not +licensed for use under this License. + +III. Netscape and logo. +This License does not grant any rights to use the trademark +``Netscape'', the ``Netscape N and horizon'' logo or the Netscape +lighthouse logo, even if such marks are included in the Original Code. + +IV. Inability to Comply Due to Contractual Obligation. +Prior to licensing the Original Code under this License, Netscape has +licensed third party code for use in Netscape's Branded Code. To the +extent that Netscape is limited contractually from making such third +party code available under this License, Netscape may choose to +reintegrate such code into Covered Code without being required to +distribute such code in Source Code form, even if such code would +otherwise be considered ``Modifications'' under this License. V. Use of Modifications and Covered Code by Initial Developer. -V.1. In General. -The obligations of Section 3 apply to Netscape, except to the extent specified in this Amendment, Section V.2 and V.3. - -V.2. Other Products. -Netscape may include Covered Code in products other than the Netscape's Branded Code which are released by Netscape during the two (2) years following the release date of the Original Code, without such additional products becoming subject to the terms of this License, and may license such additional products on different terms from those contained in this License. - -V.3. Alternative Licensing. -Netscape may license the Source Code of Netscape's Branded Code, including Modifications incorporated therein, without such additional products becoming subject to the terms of this License, and may license such additional products on different terms from those contained in this License. - -VI. Arbitration and Litigation. -Notwithstanding the limitations of Section 11 above, the provisions regarding arbitration and litigation in Section 11(a), (b) and (c) of the License shall apply to all disputes relating to this License. + V.1. In General. + The obligations of Section 3 apply to Netscape, except to the extent + specified in this Amendment, Section V.2 and V.3. + + V.2. Other Products. + Netscape may include Covered Code in products other than the + Netscape's Branded Code which are released by Netscape during the + two (2) years following the release date of the Original Code, + without such additional products becoming subject to the terms of + this License, and may license such additional products on different + terms from those contained in this License. + + V.3. Alternative Licensing. + Netscape may license the Source Code of Netscape's Branded Code, + including Modifications incorporated therein, without such + additional products becoming subject to the terms of this License, + and may license such additional products on different terms from + those contained in this License. + +VI. Arbitration and Litigation. +Notwithstanding the limitations of Section 11 above, the provisions +regarding arbitration and litigation in Section 11(a), (b) and (c) of +the License shall apply to all disputes relating to this License. EXHIBIT A. -``The contents of this file are subject to the Netscape Public License Version 1.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.mozilla.org/NPL/ -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 Netscape Public License +Version 1.0 (the "License"); you may not use this file except in +compliance with the License. You may obtain a copy of the License at +http://www.mozilla.org/NPL/ + +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 Mozilla Communicator client code, released March 31, 1998. +The Original Code is Mozilla Communicator client code, released March +31, 1998. -The Initial Developer of the Original Code is Netscape Communications Corporation. Portions created by Netscape are Copyright (C) 1998 Netscape Communications Corporation. All Rights Reserved. +The Initial Developer of the Original Code is Netscape Communications +Corporation. Portions created by Netscape are Copyright (C) 1998 +Netscape Communications Corporation. All Rights Reserved. Contributor(s): ______________________________________.'' -[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. This is due to time constraints encountered in simultaneously finalizing the License and in preparing the Original Code for release. 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. This is due +to time constraints encountered in simultaneously finalizing the +License and in preparing the Original Code for release. You should use +the text of this Exhibit A rather than the text found in the Original +Code Source Code for Your Modifications.] diff --git a/common/NPL1.1 b/common/NPL1.1 index 8475c51..398b3f3 100644 --- a/common/NPL1.1 +++ b/common/NPL1.1 @@ -1,46 +1,97 @@ AMENDMENTS -The Netscape Public License Version 1.1 ("NPL") consists of the Mozilla Public License Version 1.1 with the following Amendments, including Exhibit A-Netscape Public License. Files identified with "Exhibit A-Netscape Public License" are governed by the Netscape Public License Version 1.1. +The Netscape Public License Version 1.1 ("NPL") consists of the +Mozilla Public License Version 1.1 with the following Amendments, +including Exhibit A-Netscape Public License. Files identified with +"Exhibit A-Netscape Public License" are governed by the Netscape +Public License Version 1.1. Additional Terms applicable to the Netscape Public License. -I. Effect. -These additional terms described in this Netscape Public License -- Amendments shall apply to the Mozilla Communicator client code and to all Covered Code under this License. -II. ''Netscape's Branded Code'' means Covered Code that Netscape distributes and/or permits others to distribute under one or more trademark(s) which are controlled by Netscape but which are not licensed for use under this License. - -III. Netscape and logo. -This License does not grant any rights to use the trademarks "Netscape'', the "Netscape N and horizon'' logo or the "Netscape lighthouse" logo, "Netcenter", "Gecko", "Java" or "JavaScript", "Smart Browsing" even if such marks are included in the Original Code or Modifications. - -IV. Inability to Comply Due to Contractual Obligation. -Prior to licensing the Original Code under this License, Netscape has licensed third party code for use in Netscape's Branded Code. To the extent that Netscape is limited contractually from making such third party code available under this License, Netscape may choose to reintegrate such code into Covered Code without being required to distribute such code in Source Code form, even if such code would otherwise be considered ''Modifications'' under this License. +I. Effect. +These additional terms described in this Netscape Public License -- +Amendments shall apply to the Mozilla Communicator client code and to +all Covered Code under this License. + +II. "Netscape's Branded Code" means Covered Code that Netscape +distributes and/or permits others to distribute under one or more +trademark(s) which are controlled by Netscape but which are not +licensed for use under this License. + +III. Netscape and logo. +This License does not grant any rights to use the trademarks +"Netscape", the "Netscape N and horizon" logo or the "Netscape +lighthouse" logo, "Netcenter", "Gecko", "Java" or "JavaScript", "Smart +Browsing" even if such marks are included in the Original Code or +Modifications. + +IV. Inability to Comply Due to Contractual Obligation. +Prior to licensing the Original Code under this License, Netscape has +licensed third party code for use in Netscape's Branded Code. To the +extent that Netscape is limited contractually from making such third +party code available under this License, Netscape may choose to +reintegrate such code into Covered Code without being required to +distribute such code in Source Code form, even if such code would +otherwise be considered "Modifications" under this License. V. Use of Modifications and Covered Code by Initial Developer. -V.1. In General. -The obligations of Section 3 apply to Netscape, except to the extent specified in this Amendment, Section V.2 and V.3. -V.2. Other Products. -Netscape may include Covered Code in products other than the Netscape's Branded Code which are released by Netscape during the two (2) years following the release date of the Original Code, without such additional products becoming subject to the terms of this License, and may license such additional products on different terms from those contained in this License. - -V.3. Alternative Licensing. -Netscape may license the Source Code of Netscape's Branded Code, including Modifications incorporated therein, without such Netscape Branded Code becoming subject to the terms of this License, and may license such Netscape Branded Code on different terms from those contained in this License. - + V.1. In General. + The obligations of Section 3 apply to Netscape, except to the extent + specified in this Amendment, Section V.2 and V.3. + + V.2. Other Products. + Netscape may include Covered Code in products other than the + Netscape's Branded Code which are released by Netscape during the + two (2) years following the release date of the Original Code, + without such additional products becoming subject to the terms of + this License, and may license such additional products on different + terms from those contained in this License. + + V.3. Alternative Licensing. + Netscape may license the Source Code of Netscape's Branded Code, + including Modifications incorporated therein, without such Netscape + Branded Code becoming subject to the terms of this License, and may + license such Netscape Branded Code on different terms from those + contained in this License. VI. Litigation. -Notwithstanding the limitations of Section 11 above, the provisions regarding litigation in Section 11(a), (b) and (c) of the License shall apply to all disputes relating to this License. +Notwithstanding the limitations of Section 11 above, the provisions +regarding litigation in Section 11(a), (b) and (c) of the License +shall apply to all disputes relating to this License. EXHIBIT A-Netscape Public License. - -"The contents of this file are subject to the Netscape Public License Version 1.1 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.mozilla.org/NPL/ -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 Mozilla Communicator client code, released March 31, 1998. +"The contents of this file are subject to the Netscape Public License +Version 1.1 (the "License"); you may not use this file except in +compliance with the License. You may obtain a copy of the License at +http://www.mozilla.org/NPL/ + +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 Mozilla Communicator client code, released March +31, 1998. -The Initial Developer of the Original Code is Netscape Communications Corporation. Portions created by Netscape are Copyright (C) 1998-1999 Netscape Communications Corporation. All Rights Reserved. +The Initial Developer of the Original Code is Netscape Communications +Corporation. Portions created by Netscape are Copyright (C) 1998-1999 +Netscape Communications Corporation. All Rights Reserved. Contributor(s): ______________________________________. - -Alternatively, the contents of this file may be used under the terms of the _____ license (the �[___] License�), in which case the provisions of [______] License are applicable instead of those above. If you wish to allow use of your version of this file only under the terms of the [____] License and not to allow others to use your version of this file under the NPL, 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 NPL or the [___] License." + +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 NPL, 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 NPL or the [___] License." --------------------------------- @@ -50,144 +101,456 @@ MOZILLA PUBLIC LICENSE Version 1.1 1. Definitions. -1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code available to a third party. -1.1. ''Contributor'' means each entity that creates or contributes to the creation of Modifications. - -1.2. ''Contributor Version'' means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor. - -1.3. ''Covered Code'' means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof. - -1.4. ''Electronic Distribution Mechanism'' means a mechanism generally accepted in the software development community for the electronic transfer of data. - -1.5. ''Executable'' means Covered Code in any form other than Source Code. - -1.6. ''Initial Developer'' means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A. - -1.7. ''Larger Work'' means a work which combines Covered Code or portions thereof with code not governed by the terms of this License. - -1.8. ''License'' means this document. - -1.8.1. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein. - -1.9. ''Modifications'' means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is: - -A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications. -B. Any new file that contains any part of the Original Code or previous Modifications. - - -1.10. ''Original Code'' means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License. -1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor. - -1.11. ''Source Code'' means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge. - -1.12. "You'' (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You'' includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control'' means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity. +1.0.1. "Commercial Use" means distribution or otherwise making the +Covered Code available to a third party. + +1.1. "Contributor" means each entity that creates or contributes to +the creation of Modifications. + +1.2. "Contributor Version" means the combination of the Original +Code, prior Modifications used by a Contributor, and the Modifications +made by that particular Contributor. + +1.3. "Covered Code" means the Original Code or Modifications or the +combination of the Original Code and Modifications, in each case +including portions thereof. + +1.4. "Electronic Distribution Mechanism" means a mechanism generally +accepted in the software development community for the electronic +transfer of data. + +1.5. "Executable" means Covered Code in any form other than Source +Code. + +1.6. "Initial Developer" means the individual or entity identified +as the Initial Developer in the Source Code notice required by Exhibit +A. + +1.7. "Larger Work" means a work which combines Covered Code or +portions thereof with code not governed by the terms of this License. + +1.8. "License" means this document. + +1.8.1. "Licensable" means having the right to grant, to the maximum +extent possible, whether at the time of the initial grant or +subsequently acquired, any and all of the rights conveyed herein. + +1.9. "Modifications" means any addition to or deletion from the +substance or structure of either the Original Code or any previous +Modifications. When Covered Code is released as a series of files, a +Modification is: + + A. Any addition to or deletion from the contents of a file + containing Original Code or previous Modifications. + + B. Any new file that contains any part of the Original Code or + previous Modifications. + +1.10. "Original Code" means Source Code of computer software code +which is described in the Source Code notice required by Exhibit A as +Original Code, and which, at the time of its release under this +License is not already Covered Code governed by this License. + +1.10.1. "Patent Claims" means any patent claim(s), now owned or +hereafter acquired, including without limitation, method, process, and +apparatus claims, in any patent Licensable by grantor. + +1.11. "Source Code" means the preferred form of the Covered Code for +making modifications to it, including all modules it contains, plus +any associated interface definition files, scripts used to control +compilation and installation of an Executable, or source code +differential comparisons against either the Original Code or another +well known, available Covered Code of the Contributor's choice. The +Source Code can be in a compressed or archival form, provided the +appropriate decompression or de-archiving software is widely available +for no charge. + +1.12. "You" (or "Your") means an individual or a legal entity +exercising rights under, and complying with all of the terms of, this +License or a future version of this License issued under Section +6.1. For legal entities, "You" includes any entity which controls, is +controlled by, or is under common control with You. For purposes of +this definition, "control" means (a) the power, direct or indirect, +to cause the direction or management of such entity, whether by +contract or otherwise, or (b) ownership of more than fifty percent +(50%) of the outstanding shares or beneficial ownership of such +entity. 2. Source Code License. -2.1. The Initial Developer Grant. -The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims: -(a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and -(b) under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof). - - -(c) the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License. -(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices. - - -2.2. Contributor Grant. -Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license +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. - + (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. +3.1. Application of License. +The Modifications which You create or to which You contribute are +governed by the terms of this License, including without limitation +Section 2.2. The Source Code version of Covered Code may be +distributed only under the terms of this License or a future version +of this License released under Section 6.1, and You must include a +copy of this License with every copy of the Source Code You +distribute. You may not offer or impose any terms on any Source Code +version that alters or restricts the applicable version of this +License or the recipients' rights hereunder. However, You may include +an additional document offering the additional rights described in +Section 3.5. + +3.2. Availability of Source Code. +Any Modification which You create or to which You contribute must be +made available in Source Code form under the terms of this License +either on the same media as an Executable version or via an accepted +Electronic Distribution Mechanism to anyone to whom you made an +Executable version available; and if made available via Electronic +Distribution Mechanism, must remain available for at least twelve (12) +months after the date it initially became available, or at least six +(6) months after a subsequent version of that particular Modification +has been made available to such recipients. You are responsible for +ensuring that the Source Code version remains available even if the +Electronic Distribution Mechanism is maintained by a third party. + +3.3. Description of Modifications. +You must cause all Covered Code to which You contribute to contain a +file documenting the changes You made to create that Covered Code and +the date of any change. You must include a prominent statement that +the Modification is derived, directly or indirectly, from Original +Code provided by the Initial Developer and including the name of the +Initial Developer in (a) the Source Code, and (b) in any notice in an +Executable version or related documentation in which You describe the +origin or ownership of the Covered Code. 3.4. Intellectual Property Matters -(a) Third Party Claims. -If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL'' which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained. -(b) Contributor APIs. -If Contributor's Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file. - - - (c) Representations. -Contributor represents that, except as disclosed pursuant to Section 3.4(a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License. - -3.5. Required Notices. -You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer. - -3.6. Distribution of Executable Versions. -You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer. - -3.7. Larger Works. -You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code. +(a) Third Party Claims. +If Contributor has knowledge that a license under a third party's +intellectual property rights is required to exercise the rights +granted by such Contributor under Sections 2.1 or 2.2, Contributor +must include a text file with the Source Code distribution titled +"LEGAL" which describes the claim and the party making the claim in +sufficient detail that a recipient will know whom to contact. If +Contributor obtains such knowledge after the Modification is made +available as described in Section 3.2, Contributor shall promptly +modify the LEGAL file in all copies Contributor makes available +thereafter and shall take other steps (such as notifying appropriate +mailing lists or newsgroups) reasonably calculated to inform those who +received the Covered Code that new knowledge has been obtained. + +(b) Contributor APIs. +If Contributor's Modifications include an application programming +interface and Contributor has knowledge of patent licenses which are +reasonably necessary to implement that API, Contributor must also +include this information in the LEGAL file. + +(c) Representations. +Contributor represents that, except as disclosed pursuant to Section +3.4(a) above, Contributor believes that Contributor's Modifications +are Contributor's original creation(s) and/or Contributor has +sufficient rights to grant the rights conveyed by this License. + +3.5. Required Notices. +You must duplicate the notice in Exhibit A in each file of the Source +Code. If it is not possible to put such notice in a particular Source +Code file due to its structure, then You must include such notice in a +location (such as a relevant directory) where a user would be likely +to look for such a notice. If You created one or more Modification(s) +You may add your name as a Contributor to the notice described in +Exhibit A. You must also duplicate this License in any documentation +for the Source Code where You describe recipients' rights or ownership +rights relating to Covered Code. You may choose to offer, and to +charge a fee for, warranty, support, indemnity or liability +obligations to one or more recipients of Covered Code. However, You +may do so only on Your own behalf, and not on behalf of the Initial +Developer or any Contributor. You must make it absolutely clear than +any such warranty, support, indemnity or liability obligation is +offered by You alone, and You hereby agree to indemnify the Initial +Developer and every Contributor for any liability incurred by the +Initial Developer or such Contributor as a result of warranty, +support, indemnity or liability terms You offer. + +3.6. Distribution of Executable Versions. +You may distribute Covered Code in Executable form only if the +requirements of Section 3.1-3.5 have been met for that Covered Code, +and if You include a notice stating that the Source Code version of +the Covered Code is available under the terms of this License, +including a description of how and where You have fulfilled the +obligations of Section 3.2. The notice must be conspicuously included +in any notice in an Executable version, related documentation or +collateral in which You describe recipients' rights relating to the +Covered Code. You may distribute the Executable version of Covered +Code or ownership rights under a license of Your choice, which may +contain terms different from this License, provided that You are in +compliance with the terms of this License and that the license for the +Executable version does not attempt to limit or alter the recipient's +rights in the Source Code version from the rights set forth in this +License. If You distribute the Executable version under a different +license You must make it absolutely clear that any terms which differ +from this License are offered by You alone, not by the Initial +Developer or any Contributor. You hereby agree to indemnify the +Initial Developer and every Contributor for any liability incurred by +the Initial Developer or such Contributor as a result of any such +terms You offer. + +3.7. Larger Works. +You may create a Larger Work by combining Covered Code with other code +not governed by the terms of this License and distribute the Larger +Work as a single product. In such a case, You must make sure the +requirements of this License are fulfilled for the Covered Code. 4. Inability to Comply Due to Statute or Regulation. -If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it. +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. -Netscape Communications Corporation (''Netscape'') 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 Netscape. No one other than Netscape has the right to modify the terms applicable to Covered Code created under this License. +Netscape Communications Corporation ("Netscape") may publish revised +and/or new versions of the License from time to time. Each version +will be given a distinguishing version number. -6.3. Derivative Works. -If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must (a) rename Your license so that the phrases ''Mozilla'', ''MOZILLAPL'', ''MOZPL'', ''Netscape'', "MPL", ''NPL'' or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the Mozilla Public License and Netscape Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.) +6.2. Effect of New Versions. +Once Covered Code has been published under a particular version of the +License, You may always continue to use it under the terms of that +version. You may also choose to use such Covered Code under the terms +of any subsequent version of the License published by Netscape. No one +other than Netscape has the right to modify the terms applicable to +Covered Code created under this License. + +6.3. Derivative Works. +If You create or use a modified version of this License (which you may +only do in order to apply it to code which is not already Covered Code +governed by this License), You must (a) rename Your license so that +the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", +"MPL", "NPL" or any confusingly similar phrase do not appear in your +license (except to note that your license differs from this License) +and (b) otherwise make it clear that Your version of the license +contains terms which differ from the Mozilla Public License and +Netscape Public License. (Filling in the name of the Initial +Developer, Original Code or Contributor in the notice described in +Exhibit A shall not of themselves be deemed to be modifications of +this License.) 7. DISCLAIMER OF WARRANTY. -COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. -8. TERMINATION. -8.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive. -8.2. If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that: - -(a) such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above. - -(b) any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant. +COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, +WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, +WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF +DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR +NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF +THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE +IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER +CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR +CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART +OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER +EXCEPT UNDER THIS DISCLAIMER. -8.3. 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. TERMINATION. +8.1. This License and the rights granted hereunder will terminate +automatically if You fail to comply with terms herein and fail to cure +such breach within 30 days of becoming aware of the breach. All +sublicenses to the Covered Code which are properly granted shall +survive any termination of this License. Provisions which, by their +nature, must remain in effect beyond the termination of this License +shall survive. + +8.2. If You initiate litigation by asserting a patent infringement +claim (excluding declatory judgment actions) against Initial Developer +or a Contributor (the Initial Developer or Contributor against whom +You file such action is referred to as "Participant") alleging that: + + (a) such Participant's Contributor Version directly or indirectly + infringes any patent, then any and all rights granted by such + Participant to You under Sections 2.1 and/or 2.2 of this License + shall, upon 60 days notice from Participant terminate prospectively, + unless if within 60 days after receipt of notice You either: (i) + agree in writing to pay Participant a mutually agreeable reasonable + royalty for Your past and future use of Modifications made by such + Participant, or (ii) withdraw Your litigation claim with respect to + the Contributor Version against such Participant. If within 60 days + of notice, a reasonable royalty and payment arrangement are not + mutually agreed upon in writing by the parties or the litigation + claim is not withdrawn, the rights granted by Participant to You + under Sections 2.1 and/or 2.2 automatically terminate at the + expiration of the 60 day notice period specified above. + + (b) any software, hardware, or device, other than such Participant's + Contributor Version, directly or indirectly infringes any patent, + then any rights granted to You by such Participant under Sections + 2.1(b) and 2.2(b) are revoked effective as of the date You first + made, used, sold, distributed, or had made, Modifications made by + that Participant. + +8.3. If You assert a patent infringement claim against Participant +alleging that such Participant's Contributor Version directly or +indirectly infringes any patent where such claim is resolved (such as +by license or settlement) prior to the initiation of patent +infringement litigation, then the reasonable value of the licenses +granted by such Participant under Sections 2.1 or 2.2 shall be taken +into account in determining the amount or value of any payment or +license. + +8.4. In the event of termination under Sections 8.1 or 8.2 above, all +end user license agreements (excluding distributors and resellers) +which have been validly granted by You or any distributor hereunder +prior to termination shall survive termination. 9. LIMITATION OF LIABILITY. -UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. +UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT +(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL +DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, +OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR +ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY +CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, +WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER +COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN +INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF +LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY +RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW +PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE +EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO +THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. + 10. U.S. GOVERNMENT END USERS. -The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of ''commercial computer software'' and ''commercial computer software documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein. +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 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. + 13. MULTIPLE-LICENSED CODE. -Initial Developer may designate portions of the Covered Code as �Multiple-Licensed�. �Multiple-Licensed� means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the NPL or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A. +Initial Developer may designate portions of the Covered Code as +�Multiple-Licensed�. �Multiple-Licensed� means that the Initial +Developer permits you to utilize portions of the Covered Code under +Your choice of the NPL or the alternative licenses, if any, specified +by the Initial Developer in the file described in Exhibit A. EXHIBIT A -Mozilla Public License. -``The contents of this file are subject to the Mozilla Public License Version 1.1 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at -http://www.mozilla.org/MPL/ -Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF -ANY KIND, either express or implied. See the License for the specific language governing rights and -limitations under the License. - -The Original Code is ______________________________________. - -The Initial Developer of the Original Code is ________________________. Portions created by - ______________________ are Copyright (C) ______ _______________________. All Rights -Reserved. - -Contributor(s): ______________________________________. - -Alternatively, the contents of this file may be used under the terms of the _____ license (the �[___] License�), in which case the provisions of [______] License are applicable instead of those above. If you wish to allow use of your version of this file only under the terms of the [____] License and not to allow others to use your version of this file under the MPL, indicate your decision by deleting the provisions above and replace them with the notice and other provisions required by the [___] License. If you do not delete the provisions above, a recipient may use your version of this file under either the MPL or the [___] License." - -[NOTE: The text of this Exhibit A may differ slightly from the text of the notices in the Source Code files of the Original Code. You should use the text of this Exhibit A rather than the text found in the Original Code Source Code for Your Modifications.] + The contents of this file are subject to the Mozilla Public License + Version 1.1 (the "License"); you may not use this file except in + compliance with the License. You may obtain a copy of the License at + http://www.mozilla.org/MPL/ + + Software distributed under the License is distributed on an "AS IS" + basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See + the License for the specific language governing rights and limitations + under the License. + + The Original Code is ______________________________________. + + The Initial Developer of the Original Code is ________________________. + Portions created by ______________________ are + Copyright (C) ______ _______________________. All Rights Reserved. + + Contributor(s): ______________________________________. + + Alternatively, the contents of this file may be used under the terms + of the _____ license (the "[___] License"), in which case the + provisions of [______] License are applicable instead of those above. + If you wish to allow use of your version of this file only under the + terms of the [____] License and not to allow others to use your + version of this file under the MPL, indicate your decision by deleting + the provisions above and replace them with the notice and other + provisions required by the [___] License. If you do not delete the + provisions above, a recipient may use your version of this file under + either the MPL or the [___] License. + +[NOTE: The text of this Exhibit A may differ slightly from the text of +the notices in the Source Code files of the Original Code. You should +use the text of this Exhibit A rather than the text found in the +Original Code Source Code for Your Modifications.] diff --git a/common/Nokia b/common/Nokia index b298d1c..41e2e3b 100644 --- a/common/Nokia +++ b/common/Nokia @@ -1,135 +1,416 @@ Nokia Open Source License ("Nokia" or "NOKOS") Version 1.0a - 1. DEFINITIONS. -"Affiliates" of a party shall mean an entity -a) which is directly or indirectly controlling such party; -b) which is under the same direct or indirect ownership or control as such party; or -c) which is directly or indirectly owned or controlled by such party. -For these purposes, an entity shall be treated as being controlled by another if that other entity has fifty percent (50%) or more of the votes in such entity, is able to direct its affairs and/or to control the composition of its board of directors or equivalent body. +1. DEFINITIONS. -"Commercial Use" shall mean distribution or otherwise making the Covered Software available to a third party. +"Affiliates" of a party shall mean an entity -''Contributor'' shall mean each entity that creates or contributes to the creation of Modifications. + a) which is directly or indirectly controlling such party; -''Contributor Version'' shall mean in case of any Contributor the combination of the Original Software, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor and in case of Nokia in addition the Original Software in any form, including the form as Exceutable. + b) which is under the same direct or indirect ownership or control + as such party; or -''Covered Software'' shall mean the Original Software or Modifications or the combination of the Original Software and Modifications, in each case including portions thereof. + c) which is directly or indirectly owned or controlled by such + party. -''Electronic Distribution Mechanism'' shall mean a mechanism generally accepted in the software development community for the electronic transfer of data. +For these purposes, an entity shall be treated as being controlled by +another if that other entity has fifty percent (50%) or more of the +votes in such entity, is able to direct its affairs and/or to control +the composition of its board of directors or equivalent body. -''Executable'' shall mean Covered Software in any form other than Source Code. +"Commercial Use" shall mean distribution or otherwise making the +Covered Software available to a third party. -''Nokia'' shall mean Nokia Corporation and its Affiliates. +"Contributor" shall mean each entity that creates or contributes to +the creation of Modifications. -''Larger Work'' shall mean a work, which combines Covered Software or portions thereof with code not governed by the terms of this License. +"Contributor Version" shall mean in case of any Contributor the +combination of the Original Software, prior Modifications used by a +Contributor, and the Modifications made by that particular Contributor +and in case of Nokia in addition the Original Software in any form, +including the form as Exceutable. -''License'' shall mean this document. +"Covered Software" shall mean the Original Software or Modifications +or the combination of the Original Software and Modifications, in each +case including portions thereof. -"Licensable" shall mean having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein. +"Electronic Distribution Mechanism" shall mean a mechanism generally +accepted in the software development community for the electronic +transfer of data. -''Modifications'' shall mean any addition to or deletion from the substance or structure of either the Original Software or any previous Modifications. When Covered Software is released as a series of files, a Modification is: -a) Any addition to or deletion from the contents of a file containing Original Software or previous Modifications. -b) Any new file that contains any part of the Original Software or previous Modifications. +"Executable" shall mean Covered Software in any form other than Source +Code. -''Original Software'' shall mean the Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Software, and which, at the time of its release under this License is not already Covered Software governed by this License. +"Nokia" shall mean Nokia Corporation and its Affiliates. -"Patent Claims" shall mean any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor. +"Larger Work" shall mean a work, which combines Covered Software or +portions thereof with code not governed by the terms of this License. -''Source Code'' shall mean the preferred form of the Covered Software for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Software or another well known, available Covered Software of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge. +"License" shall mean this document. -"You'' (or "Your") shall mean an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You'' includes Affiliates of such entity. +"Licensable" shall mean having the right to grant, to the maximum +extent possible, whether at the time of the initial grant or +subsequently acquired, any and all of the rights conveyed herein. -2. SOURCE CODE LICENSE. - -2.1 Nokia Grant. -Subject to the terms of this License, Nokia hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims: -a) under copyrights Licensable by Nokia to use, reproduce, modify, display, perform, sublicense and distribute the Original Software (or portions thereof) with or without Modifications, and/or as part of a Larger Work; -b) and under Patents Claims necessarily infringed by the making, using or selling of Original Software, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Software (or portions thereof). -c) The licenses granted in this Section 2.1(a) and (b) are effective on the date Nokia first distributes Original Software under the terms of this License. -d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code that You delete from the Original Software; 2) separate from the Original Software; or 3) for infringements caused by: i) the modification of the Original Software or ii) the combination of the Original Software with other software or devices. - -2.2 Contributor Grant. -Subject to the terms of this License and subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license -a) under copyrights Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Software and/or as part of a Larger Work; and -b) under Patent Claims necessarily infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination). -c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial Use of the Covered Software. -d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Software in the absence of Modifications made by that Contributor. - -3. DISTRIBUTION OBLIGATIONS. -3.1 Application of License. -The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Software may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5. - -3.2 Availability of Source Code. -Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party. - -3.3 Description of Modifications. -You must cause all Covered Software to which You contribute to contain a file documenting the changes You made to create that Covered Software and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Software provided by Nokia and including the name of Nokia in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Software. - -3.4 Intellectual Property Matters -(a) Third Party Claims. -If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL'' which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Software that new knowledge has been obtained. +"Modifications" shall mean any addition to or deletion from the +substance or structure of either the Original Software or any previous +Modifications. When Covered Software is released as a series of files, +a Modification is: -(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. + a) Any addition to or deletion from the contents of a file + containing Original Software or previous Modifications. -(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. + b) Any new file that contains any part of the Original Software or + previous Modifications. -3.5 Required Notices. -You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Software. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, You may do so only on Your own behalf, and not on behalf of Nokia or any Contributor. You must make it absolutely clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify Nokia and every Contributor for any liability incurred by Nokia or such Contributor as a result of warranty, support, indemnity or liability terms You offer. +"Original Software" shall mean the Source Code of computer software +code which is described in the Source Code notice required by Exhibit +A as Original Software, and which, at the time of its release under +this License is not already Covered Software governed by this License. -3.6 Distribution of Executable Versions. -You may distribute Covered Software in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Software, and if You include a notice stating that the Source Code version of the Covered Software is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Software. You may distribute the Executable version of Covered Software or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by Nokia or any Contributor. You hereby agree to indemnify Nokia and every Contributor for any liability incurred by Nokia or such Contributor as a result of any such terms You offer. +"Patent Claims" shall mean any patent claim(s), now owned or hereafter +acquired, including without limitation, method, process, and apparatus +claims, in any patent Licensable by grantor. -3.7 Larger Works. -You may create a Larger Work by combining Covered Software with other software not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Software. +"Source Code" shall mean the preferred form of the Covered Software +for making modifications to it, including all modules it contains, +plus any associated interface definition files, scripts used to +control compilation and installation of an Executable, or source code +differential comparisons against either the Original Software or +another well known, available Covered Software of the Contributor's +choice. The Source Code can be in a compressed or archival form, +provided the appropriate decompression or de-archiving software is +widely available for no charge. -4. INABILITY TO COMPLY DUE TO STATUTE OR REGULATION. -If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Software due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. -Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it. +"You" (or "Your") shall mean an individual or a legal entity +exercising rights under, and complying with all of the terms of, this +License or a future version of this License issued under Section +6.1. For legal entities, "You" includes Affiliates of such entity. -5. APPLICATION OF THIS LICENSE. -This License applies to code to which Nokia has attached the notice in Exhibit A and to related Covered Software. - -6. VERSIONS OF THE LICENSE. -6.1 New Versions. -Nokia may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number. - -6.2 Effect of New Versions. -Once Covered Software has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Software under the terms of any subsequent version of the License published by Nokia. No one other than Nokia has the right to modify the terms applicable to Covered Software created under this License. - -7. DISCLAIMER OF WARRANTY. -COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT NOKIA, ITS LICENSORS OR AFFILIATES OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. - -8. TERMINATION. -8.1 This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Software which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive. -8.2 If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against Nokia or a Contributor (Nokia or Contributor against whom You file such action is referred to as "Participant") alleging that: -a) such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above. -b) any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant. - -8.3 If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license. -8.4 In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination. - -9. LIMITATION OF LIABILITY. -UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, NOKIA, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BUT MAY ALLOW LIABILITY TO BE LIMITED; IN SUCH CASES, A PARTY's, ITS EMPLOYEES, LICENSORS OR AFFILIATES' LIABILITY SHALL BE LIMITED TO U.S. $50. Nothing contained in this License shall prejudice the statutory rights of any party dealing as a consumer. +2. SOURCE CODE LICENSE. -10. MISCELLANEOUS. -This License represents the complete agreement concerning subject matter hereof. All rights in the Covered Software not expressly granted under this License are reserved. Nothing in this License shall grant You any rights to use any of the trademarks of Nokia or any of its Affiliates, even if any of such trademarks are included in any part of Covered Software and/or documentation to it. -This License is governed by the laws of Finland excluding its conflict-of-law provisions. All disputes arising from or relating to this Agreement shall be settled by a single arbitrator appointed by the Central Chamber of Commerce of Finland. The arbitration procedure shall take place in Helsinki, Finland in the English language. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. +2.1 Nokia Grant. +Subject to the terms of this License, Nokia hereby grants You a +world-wide, royalty-free, non-exclusive license, subject to third +party intellectual property claims: + + a) under copyrights Licensable by Nokia to use, reproduce, modify, + display, perform, sublicense and distribute the Original Software + (or portions thereof) with or without Modifications, and/or as part + of a Larger Work; + + b) and under Patents Claims necessarily infringed by the making, + using or selling of Original Software, to make, have made, use, + practice, sell, and offer for sale, and/or otherwise dispose of the + Original Software (or portions thereof). + + c) The licenses granted in this Section 2.1(a) and (b) are effective + on the date Nokia first distributes Original Software under the + terms of this License. + + d) Notwithstanding Section 2.1(b) above, no patent license is + granted: 1) for code that You delete from the Original Software; 2) + separate from the Original Software; or 3) for infringements caused + by: i) the modification of the Original Software or ii) the + combination of the Original Software with other software or devices. + +2.2 Contributor Grant. +Subject to the terms of this License and subject to third party +intellectual property claims, each Contributor hereby grants You a +world-wide, royalty-free, non-exclusive license + + a) under copyrights Licensable by Contributor, to use, reproduce, + modify, display, perform, sublicense and distribute the + Modifications created by such Contributor (or portions thereof) + either on an unmodified basis, with other Modifications, as Covered + Software and/or as part of a Larger Work; and + + b) under Patent Claims necessarily infringed by the making, using, + or selling of Modifications made by that Contributor either alone + and/or in combination with its Contributor Version (or portions of + such combination), to make, use, sell, offer for sale, have made, + and/or otherwise dispose of: 1) Modifications made by that + Contributor (or portions thereof); and 2) the combination of + Modifications made by that Contributor with its Contributor Version + (or portions of such combination). + + c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective + on the date Contributor first makes Commercial Use of the Covered + Software. + + d) Notwithstanding Section 2.2(b) above, no patent license is + granted: 1) for any code that Contributor has deleted from the + Contributor Version; 2) separate from the Contributor Version; 3) + for infringements caused by: i) third party modifications of + Contributor Version or ii) the combination of Modifications made by + that Contributor with other software (except as part of the + Contributor Version) or other devices; or 4) under Patent Claims + infringed by Covered Software in the absence of Modifications made + by that Contributor. + +3. DISTRIBUTION OBLIGATIONS. +3.1 Application of License. +The Modifications which You create or to which You contribute are +governed by the terms of this License, including without limitation +Section 2.2. The Source Code version of Covered Software may be +distributed only under the terms of this License or a future version +of this License released under Section 6.1, and You must include a +copy of this License with every copy of the Source Code You +distribute. You may not offer or impose any terms on any Source Code +version that alters or restricts the applicable version of this +License or the recipients' rights hereunder. However, You may include +an additional document offering the additional rights described in +Section 3.5. + +3.2 Availability of Source Code. +Any Modification which You create or to which You contribute must be +made available in Source Code form under the terms of this License +either on the same media as an Executable version or via an accepted +Electronic Distribution Mechanism to anyone to whom you made an +Executable version available; and if made available via Electronic +Distribution Mechanism, must remain available for at least twelve (12) +months after the date it initially became available, or at least six +(6) months after a subsequent version of that particular Modification +has been made available to such recipients. You are responsible for +ensuring that the Source Code version remains available even if the +Electronic Distribution Mechanism is maintained by a third party. + +3.3 Description of Modifications. +You must cause all Covered Software to which You contribute to contain +a file documenting the changes You made to create that Covered +Software and the date of any change. You must include a prominent +statement that the Modification is derived, directly or indirectly, +from Original Software provided by Nokia and including the name of +Nokia in (a) the Source Code, and (b) in any notice in an Executable +version or related documentation in which You describe the origin or +ownership of the Covered Software. + +3.4 Intellectual Property Matters +(a) Third Party Claims. +If Contributor has knowledge that a license under a third party's +intellectual property rights is required to exercise the rights +granted by such Contributor under Sections 2.1 or 2.2, Contributor +must include a text file with the Source Code distribution titled +"LEGAL" which describes the claim and the party making the claim in +sufficient detail that a recipient will know whom to contact. If +Contributor obtains such knowledge after the Modification is made +available as described in Section 3.2, Contributor shall promptly +modify the LEGAL file in all copies Contributor makes available +thereafter and shall take other steps (such as notifying appropriate +mailing lists or newsgroups) reasonably calculated to inform those who +received the Covered Software that new knowledge has been obtained. + +(b) Contributor APIs. +If Contributor's Modifications include an application programming +interface and Contributor has knowledge of patent licenses which are +reasonably necessary to implement that API, Contributor must also +include this information in the LEGAL file. + +(c) Representations. +Contributor represents that, except as disclosed pursuant to Section +3.4(a) above, Contributor believes that Contributor's Modifications +are Contributor's original creation(s) and/or Contributor has +sufficient rights to grant the rights conveyed by this License. + +3.5 Required Notices. +You must duplicate the notice in Exhibit A in each file of the Source +Code. If it is not possible to put such notice in a particular Source +Code file due to its structure, then You must include such notice in a +location (such as a relevant directory) where a user would be likely +to look for such a notice. If You created one or more Modification(s) +You may add your name as a Contributor to the notice described in +Exhibit A. You must also duplicate this License in any documentation +for the Source Code where You describe recipients' rights or ownership +rights relating to Covered Software. You may choose to offer, and to +charge a fee for, warranty, support, indemnity or liability +obligations to one or more recipients of Covered Software. However, +You may do so only on Your own behalf, and not on behalf of Nokia or +any Contributor. You must make it absolutely clear that any such +warranty, support, indemnity or liability obligation is offered by You +alone, and You hereby agree to indemnify Nokia and every Contributor +for any liability incurred by Nokia or such Contributor as a result of +warranty, support, indemnity or liability terms You offer. + +3.6 Distribution of Executable Versions. +You may distribute Covered Software in Executable form only if the +requirements of Section 3.1-3.5 have been met for that Covered +Software, and if You include a notice stating that the Source Code +version of the Covered Software is available under the terms of this +License, including a description of how and where You have fulfilled +the obligations of Section 3.2. The notice must be conspicuously +included in any notice in an Executable version, related documentation +or collateral in which You describe recipients' rights relating to the +Covered Software. You may distribute the Executable version of Covered +Software or ownership rights under a license of Your choice, which may +contain terms different from this License, provided that You are in +compliance with the terms of this License and that the license for the +Executable version does not attempt to limit or alter the recipient's +rights in the Source Code version from the rights set forth in this +License. If You distribute the Executable version under a different +license You must make it absolutely clear that any terms which differ +from this License are offered by You alone, not by Nokia or any +Contributor. You hereby agree to indemnify Nokia and every Contributor +for any liability incurred by Nokia or such Contributor as a result of +any such terms You offer. + +3.7 Larger Works. +You may create a Larger Work by combining Covered Software with other +software not governed by the terms of this License and distribute the +Larger Work as a single product. In such a case, You must make sure +the requirements of this License are fulfilled for the Covered +Software. + +4. INABILITY TO COMPLY DUE TO STATUTE OR REGULATION. +If it is impossible for You to comply with any of the terms of this +License with respect to some or all of the Covered Software due to +statute, judicial order, or regulation then You must: (a) comply with +the terms of this License to the maximum extent possible; and (b) +describe the limitations and the code they affect. Such description +must be included in the LEGAL file described in Section 3.4 and must +be included with all distributions of the Source Code. + +Except to the extent prohibited by statute or regulation, such +description must be sufficiently detailed for a recipient of ordinary +skill to be able to understand it. + +5. APPLICATION OF THIS LICENSE. +This License applies to code to which Nokia has attached the notice in +Exhibit A and to related Covered Software. + +6. VERSIONS OF THE LICENSE. +6.1 New Versions. +Nokia may publish revised and/or new versions of the License from time +to time. Each version will be given a distinguishing version number. + +6.2 Effect of New Versions. +Once Covered Software has been published under a particular version of +the License, You may always continue to use it under the terms of that +version. You may also choose to use such Covered Software under the +terms of any subsequent version of the License published by Nokia. No +one other than Nokia has the right to modify the terms applicable to +Covered Software created under this License. + +7. DISCLAIMER OF WARRANTY. +COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, +WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, +WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF +DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR +NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF +THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE +DEFECTIVE IN ANY RESPECT, YOU (NOT NOKIA, ITS LICENSORS OR AFFILIATES +OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, +REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN +ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS +AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. + +8. TERMINATION. +8.1 This License and the rights granted hereunder will terminate +automatically if You fail to comply with terms herein and fail to cure +such breach within 30 days of becoming aware of the breach. All +sublicenses to the Covered Software which are properly granted shall +survive any termination of this License. Provisions which, by their +nature, must remain in effect beyond the termination of this License +shall survive. + +8.2 If You initiate litigation by asserting a patent infringement +claim (excluding declatory judgment actions) against Nokia or a +Contributor (Nokia or Contributor against whom You file such action is +referred to as "Participant") alleging that: + + a) such Participant's Contributor Version directly or indirectly + infringes any patent, then any and all rights granted by such + Participant to You under Sections 2.1 and/or 2.2 of this License + shall, upon 60 days notice from Participant terminate prospectively, + unless if within 60 days after receipt of notice You either: (i) + agree in writing to pay Participant a mutually agreeable reasonable + royalty for Your past and future use of Modifications made by such + Participant, or (ii) withdraw Your litigation claim with respect to + the Contributor Version against such Participant. If within 60 days + of notice, a reasonable royalty and payment arrangement are not + mutually agreed upon in writing by the parties or the litigation + claim is not withdrawn, the rights granted by Participant to You + under Sections 2.1 and/or 2.2 automatically terminate at the + expiration of the 60 day notice period specified above. + + b) any software, hardware, or device, other than such Participant's + Contributor Version, directly or indirectly infringes any patent, + then any rights granted to You by such Participant under Sections + 2.1(b) and 2.2(b) are revoked effective as of the date You first + made, used, sold, distributed, or had made, Modifications made by + that Participant. + +8.3 If You assert a patent infringement claim against Participant +alleging that such Participant's Contributor Version directly or +indirectly infringes any patent where such claim is resolved (such as +by license or settlement) prior to the initiation of patent +infringement litigation, then the reasonable value of the licenses +granted by such Participant under Sections 2.1 or 2.2 shall be taken +into account in determining the amount or value of any payment or +license. + +8.4 In the event of termination under Sections 8.1 or 8.2 above, all +end user license agreements (excluding distributors and resellers) +which have been validly granted by You or any distributor hereunder +prior to termination shall survive termination. + +9. LIMITATION OF LIABILITY. +UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT +(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, NOKIA, ANY +OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY +SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY +INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY +CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, +WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER +COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN +INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF +LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY +RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW +PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE +EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BUT +MAY ALLOW LIABILITY TO BE LIMITED; IN SUCH CASES, A PARTY's, ITS +EMPLOYEES, LICENSORS OR AFFILIATES' LIABILITY SHALL BE LIMITED TO +U.S. $50. Nothing contained in this License shall prejudice the +statutory rights of any party dealing as a consumer. + +10. MISCELLANEOUS. +This License represents the complete agreement concerning subject +matter hereof. All rights in the Covered Software not expressly +granted under this License are reserved. Nothing in this License shall +grant You any rights to use any of the trademarks of Nokia or any of +its Affiliates, even if any of such trademarks are included in any +part of Covered Software and/or documentation to it. + +This License is governed by the laws of Finland excluding its +conflict-of-law provisions. All disputes arising from or relating to +this Agreement shall be settled by a single arbitrator appointed by +the Central Chamber of Commerce of Finland. The arbitration procedure +shall take place in Helsinki, Finland in the English language. If any +part of this Agreement is found void and unenforceable, it will not +affect the validity of the balance of the Agreement, which shall +remain valid and enforceable according to its terms. + +11. RESPONSIBILITY FOR CLAIMS. +As between Nokia 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 +Nokia and Contributors to distribute such responsibility on an +equitable basis. Nothing herein is intended or shall be deemed to +constitute any admission of liability. -11. RESPONSIBILITY FOR CLAIMS. -As between Nokia 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 Nokia and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability. - EXHIBIT A -The contents of this file are subject to the NOKOS License Version 1.0 (the "License"); you may not use this file except in compliance with the License. +The contents of this file are subject to the NOKOS License Version 1.0 +(the "License"); you may not use this file except in compliance with +the License. -Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License. +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 Software is +The Original Software is ______________________________________. Copyright © <year> Nokia and others. All Rights Reserved. -Contributor(s): ______________________________________. +Contributor(s): ______________________________________. diff --git a/common/OSL2.0 b/common/OSL2.0 index 3192727..2b2f39b 100644 --- a/common/OSL2.0 +++ b/common/OSL2.0 @@ -1,46 +1,179 @@ The Open Software License v. 2.0 -This Open Software License (the "License") applies to any original work of authorship (the "Original Work") whose owner (the "Licensor") has placed the following notice immediately following the copyright notice for the Original Work: +This Open Software License (the "License") applies to any original +work of authorship (the "Original Work") whose owner (the "Licensor") +has placed the following notice immediately following the copyright +notice for the Original Work: Licensed under the Open Software License version 2.0 -1) Grant of Copyright License. Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, sublicenseable license to do the following: - -a) to reproduce the Original Work in copies; -b) to prepare derivative works ("Derivative Works") based upon the Original Work; - -c) to distribute copies of the Original Work and Derivative Works to the public, with the proviso that copies of Original Work or Derivative Works that You distribute shall be licensed under the Open Software License; - -d) to perform the Original Work publicly; and - -e) to display the Original Work publicly. - -2) Grant of Patent License. Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, sublicenseable license, under patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor, to make, use, sell and offer for sale the Original Work and Derivative Works. - -3) Grant of Source Code License. The term "Source Code" means the preferred form of the Original Work for making modifications to it and all available documentation describing how to modify the Original Work. Licensor hereby agrees to provide a machine-readable copy of the Source Code of the Original Work along with each copy of the Original Work that Licensor distributes. Licensor reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to distribute the Original Work, and by publishing the address of that information repository in a notice immediately following the copyright notice that applies to the Original Work. - -4) Exclusions From License Grant. Neither the names of Licensor, nor the names of any contributors to the Original Work, nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Original Work without express prior written permission of the Licensor. Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor except as expressly stated herein. No patent license is granted to make, use, sell or offer to sell embodiments of any patent claims other than the licensed claims defined in Section 2. No right is granted to the trademarks of Licensor even if such marks are included in the Original Work. Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this License any Original Work that Licensor otherwise would have a right to license. - -5) External Deployment. The term "External Deployment" means the use or distribution of the Original Work or Derivative Works in any way such that the Original Work or Derivative Works may be used by anyone other than You, whether the Original Work or Derivative Works are distributed to those persons or made available as an application intended for use over a computer network. As an express condition for the grants of license hereunder, You agree that any External Deployment by You of a Derivative Work shall be deemed a distribution and shall be licensed to all under the terms of this License, as prescribed in section 1(c) herein. - -6) Attribution Rights. You must retain, in the Source Code of any Derivative Works that You create, all copyright, patent or trademark notices from the Source Code of the Original Work, as well as any notices of licensing and any descriptive text identified therein as an "Attribution Notice." You must cause the Source Code for any Derivative Works that You create to carry a prominent Attribution Notice reasonably calculated to inform recipients that You have modified the Original Work. - -7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that the copyright in and to the Original Work and the patent rights granted herein by Licensor are owned by the Licensor or are sublicensed to You under the terms of this License with the permission of the contributor(s) of those copyrights and patent rights. Except as expressly stated in the immediately proceeding sentence, the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No license to Original Work is granted hereunder except under this disclaimer. - -8) Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to any person for any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or the use of the Original Work including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to liability for death or personal injury resulting from Licensor's negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You. - -9) Acceptance and Termination. If You distribute copies of the Original Work or a Derivative Work, You must make a reasonable effort under the circumstances to obtain the express assent of recipients to the terms of this License. Nothing else but this License (or another written agreement between Licensor and You) grants You permission to create Derivative Works based upon the Original Work or to exercise any of the rights granted in Section 1 herein, and any attempt to do so except under the terms of this License (or another written agreement between Licensor and You) is expressly prohibited by U.S. copyright law, the equivalent laws of other countries, and by international treaty. Therefore, by exercising any of the rights granted to You in Section 1 herein, You indicate Your acceptance of this License and all of its terms and conditions. This License shall terminate immediately and you may no longer exercise any of the rights granted to You by this License upon Your failure to honor the proviso in Section 1(c) herein. - -10) Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, for patent infringement (i) against Licensor with respect to a patent applicable to software or (ii) against any entity with respect to a patent applicable to the Original Work (but excluding combinations of the Original Work with other software or hardware). - -11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this License may be brought only in the courts of a jurisdiction wherein the Licensor resides or in which Licensor conducts its primary business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Original Work outside the scope of this License or after its termination shall be subject to the requirements and penalties of the U.S. Copyright Act, 17 U.S.C. § 101 et seq., the equivalent laws of other countries, and international treaty. This section shall survive the termination of this License. - -12) Attorneys Fees. In any action to enforce the terms of this License or seeking damages relating thereto, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys' fees and costs incurred in connection with such action, including any appeal of such action. This section shall survive the termination of this License. - -13) Miscellaneous. This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. - -14) Definition of "You" in This License. "You" throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. - -15) Right to Use. You may use the Original Work in all ways not otherwise restricted or conditioned by this License or by law, and Licensor promises not to interfere with or be responsible for such uses by You. - -This license is Copyright (C) 2003 Lawrence E. Rosen. All rights reserved. Permission is hereby granted to copy and distribute this license without modification. This license may not be modified without the express written permission of its copyright owner. +1) Grant of Copyright License. Licensor hereby grants You a +world-wide, royalty-free, non-exclusive, perpetual, sublicenseable +license to do the following: + + a) to reproduce the Original Work in copies; + + b) to prepare derivative works ("Derivative Works") based upon the + Original Work; + + c) to distribute copies of the Original Work and Derivative Works to + the public, with the proviso that copies of Original Work or + Derivative Works that You distribute shall be licensed under the + Open Software License; + + d) to perform the Original Work publicly; and + + e) to display the Original Work publicly. + +2) Grant of Patent License. Licensor hereby grants You a world-wide, +royalty-free, non-exclusive, perpetual, sublicenseable license, under +patent claims owned or controlled by the Licensor that are embodied in +the Original Work as furnished by the Licensor, to make, use, sell and +offer for sale the Original Work and Derivative Works. + +3) Grant of Source Code License. The term "Source Code" means the +preferred form of the Original Work for making modifications to it and +all available documentation describing how to modify the Original +Work. Licensor hereby agrees to provide a machine-readable copy of the +Source Code of the Original Work along with each copy of the Original +Work that Licensor distributes. Licensor reserves the right to satisfy +this obligation by placing a machine-readable copy of the Source Code +in an information repository reasonably calculated to permit +inexpensive and convenient access by You for as long as Licensor +continues to distribute the Original Work, and by publishing the +address of that information repository in a notice immediately +following the copyright notice that applies to the Original Work. + +4) Exclusions From License Grant. Neither the names of Licensor, nor +the names of any contributors to the Original Work, nor any of their +trademarks or service marks, may be used to endorse or promote +products derived from this Original Work without express prior written +permission of the Licensor. Nothing in this License shall be deemed to +grant any rights to trademarks, copyrights, patents, trade secrets or +any other intellectual property of Licensor except as expressly stated +herein. No patent license is granted to make, use, sell or offer to +sell embodiments of any patent claims other than the licensed claims +defined in Section 2. No right is granted to the trademarks of +Licensor even if such marks are included in the Original Work. Nothing +in this License shall be interpreted to prohibit Licensor from +licensing under different terms from this License any Original Work +that Licensor otherwise would have a right to license. + +5) External Deployment. The term "External Deployment" means the use +or distribution of the Original Work or Derivative Works in any way +such that the Original Work or Derivative Works may be used by anyone +other than You, whether the Original Work or Derivative Works are +distributed to those persons or made available as an application +intended for use over a computer network. As an express condition for +the grants of license hereunder, You agree that any External +Deployment by You of a Derivative Work shall be deemed a distribution +and shall be licensed to all under the terms of this License, as +prescribed in section 1(c) herein. + +6) Attribution Rights. You must retain, in the Source Code of any +Derivative Works that You create, all copyright, patent or trademark +notices from the Source Code of the Original Work, as well as any +notices of licensing and any descriptive text identified therein as an +"Attribution Notice." You must cause the Source Code for any +Derivative Works that You create to carry a prominent Attribution +Notice reasonably calculated to inform recipients that You have +modified the Original Work. + +7) Warranty of Provenance and Disclaimer of Warranty. Licensor +warrants that the copyright in and to the Original Work and the patent +rights granted herein by Licensor are owned by the Licensor or are +sublicensed to You under the terms of this License with the permission +of the contributor(s) of those copyrights and patent rights. Except as +expressly stated in the immediately proceeding sentence, the Original +Work is provided under this License on an "AS IS" BASIS and WITHOUT +WARRANTY, either express or implied, including, without limitation, +the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A +PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL +WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential +part of this License. No license to Original Work is granted hereunder +except under this disclaimer. + +8) Limitation of Liability. Under no circumstances and under no legal +theory, whether in tort (including negligence), contract, or +otherwise, shall the Licensor be liable to any person for any direct, +indirect, special, incidental, or consequential damages of any +character arising as a result of this License or the use of the +Original Work including, without limitation, damages for loss of +goodwill, work stoppage, computer failure or malfunction, or any and +all other commercial damages or losses. This limitation of liability +shall not apply to liability for death or personal injury resulting +from Licensor's negligence to the extent applicable law prohibits such +limitation. Some jurisdictions do not allow the exclusion or +limitation of incidental or consequential damages, so this exclusion +and limitation may not apply to You. + +9) Acceptance and Termination. If You distribute copies of the +Original Work or a Derivative Work, You must make a reasonable effort +under the circumstances to obtain the express assent of recipients to +the terms of this License. Nothing else but this License (or another +written agreement between Licensor and You) grants You permission to +create Derivative Works based upon the Original Work or to exercise +any of the rights granted in Section 1 herein, and any attempt to do +so except under the terms of this License (or another written +agreement between Licensor and You) is expressly prohibited by +U.S. copyright law, the equivalent laws of other countries, and by +international treaty. Therefore, by exercising any of the rights +granted to You in Section 1 herein, You indicate Your acceptance of +this License and all of its terms and conditions. This License shall +terminate immediately and you may no longer exercise any of the rights +granted to You by this License upon Your failure to honor the proviso +in Section 1(c) herein. + +10) Termination for Patent Action. This License shall terminate +automatically and You may no longer exercise any of the rights granted +to You by this License as of the date You commence an action, +including a cross-claim or counterclaim, for patent infringement (i) +against Licensor with respect to a patent applicable to software or +(ii) against any entity with respect to a patent applicable to the +Original Work (but excluding combinations of the Original Work with +other software or hardware). + +11) Jurisdiction, Venue and Governing Law. Any action or suit relating +to this License may be brought only in the courts of a jurisdiction +wherein the Licensor resides or in which Licensor conducts its primary +business, and under the laws of that jurisdiction excluding its +conflict-of-law provisions. The application of the United Nations +Convention on Contracts for the International Sale of Goods is +expressly excluded. Any use of the Original Work outside the scope of +this License or after its termination shall be subject to the +requirements and penalties of the U.S. Copyright Act, 17 U.S.C. § 101 +et seq., the equivalent laws of other countries, and international +treaty. This section shall survive the termination of this License. + +12) Attorneys Fees. In any action to enforce the terms of this License +or seeking damages relating thereto, the prevailing party shall be +entitled to recover its costs and expenses, including, without +limitation, reasonable attorneys' fees and costs incurred in +connection with such action, including any appeal of such action. This +section shall survive the termination of this License. + +13) Miscellaneous. This License represents the complete agreement +concerning the subject matter hereof. If any provision of this License +is held to be unenforceable, such provision shall be reformed only to +the extent necessary to make it enforceable. + +14) Definition of "You" in This License. "You" throughout this +License, whether in upper or lower case, means an individual or a +legal entity exercising rights under, and complying with all of the +terms of, this License. For legal entities, "You" includes any entity +that controls, is controlled by, or is under common control with +you. For purposes of this definition, "control" means (i) the power, +direct or indirect, to cause the direction or management of such +entity, whether by contract or otherwise, or (ii) ownership of fifty +percent (50%) or more of the outstanding shares, or (iii) beneficial +ownership of such entity. + +15) Right to Use. You may use the Original Work in all ways not +otherwise restricted or conditioned by this License or by law, and +Licensor promises not to interfere with or be responsible for such +uses by You. + +This license is Copyright (C) 2003 Lawrence E. Rosen. All rights +reserved. Permission is hereby granted to copy and distribute this +license without modification. This license may not be modified without +the express written permission of its copyright owner. diff --git a/common/OSL2.1 b/common/OSL2.1 index 73c371f..c322198 100644 --- a/common/OSL2.1 +++ b/common/OSL2.1 @@ -1,40 +1,179 @@ Open Software License v. 2.1 -This Open Software License (the "License") applies to any original work of authorship (the "Original Work") whose owner (the "Licensor") has placed the following notice immediately following the copyright notice for the Original Work: -Licensed under the Open Software License version 2.1 - -1) Grant of Copyright License. Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, sublicenseable license to do the following: - -to reproduce the Original Work in copies; -to prepare derivative works ("Derivative Works") based upon the Original Work; -to distribute copies of the Original Work and Derivative Works to the public, with the proviso that copies of Original Work or Derivative Works that You distribute shall be licensed under the Open Software License; -to perform the Original Work publicly; and -to display the Original Work publicly. -2) Grant of Patent License. Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, sublicenseable license, under patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor, to make, use, sell and offer for sale the Original Work and Derivative Works. - -3) Grant of Source Code License. The term "Source Code" means the preferred form of the Original Work for making modifications to it and all available documentation describing how to modify the Original Work. Licensor hereby agrees to provide a machine-readable copy of the Source Code of the Original Work along with each copy of the Original Work that Licensor distributes. Licensor reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to distribute the Original Work, and by publishing the address of that information repository in a notice immediately following the copyright notice that applies to the Original Work. - -4) Exclusions From License Grant. Neither the names of Licensor, nor the names of any contributors to the Original Work, nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Original Work without express prior written permission of the Licensor. Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor except as expressly stated herein. No patent license is granted to make, use, sell or offer to sell embodiments of any patent claims other than the licensed claims defined in Section 2. No right is granted to the trademarks of Licensor even if such marks are included in the Original Work. Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this License any Original Work that Licensor otherwise would have a right to license. - -5) External Deployment. The term "External Deployment" means the use or distribution of the Original Work or Derivative Works in any way such that the Original Work or Derivative Works may be used by anyone other than You, whether the Original Work or Derivative Works are distributed to those persons or made available as an application intended for use over a computer network. As an express condition for the grants of license hereunder, You agree that any External Deployment by You of a Derivative Work shall be deemed a distribution and shall be licensed to all under the terms of this License, as prescribed in section 1(c) herein. - -6) Attribution Rights. You must retain, in the Source Code of any Derivative Works that You create, all copyright, patent or trademark notices from the Source Code of the Original Work, as well as any notices of licensing and any descriptive text identified therein as an "Attribution Notice." You must cause the Source Code for any Derivative Works that You create to carry a prominent Attribution Notice reasonably calculated to inform recipients that You have modified the Original Work. - -7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that the copyright in and to the Original Work and the patent rights granted herein by Licensor are owned by the Licensor or are sublicensed to You under the terms of this License with the permission of the contributor(s) of those copyrights and patent rights. Except as expressly stated in the immediately proceeding sentence, the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No license to Original Work is granted hereunder except under this disclaimer. -8) Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to any person for any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or the use of the Original Work including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to liability for death or personal injury resulting from Licensor's negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You. +This Open Software License (the "License") applies to any original +work of authorship (the "Original Work") whose owner (the "Licensor") +has placed the following notice immediately following the copyright +notice for the Original Work: -9) Acceptance and Termination. If You distribute copies of the Original Work or a Derivative Work, You must make a reasonable effort under the circumstances to obtain the express assent of recipients to the terms of this License. Nothing else but this License (or another written agreement between Licensor and You) grants You permission to create Derivative Works based upon the Original Work or to exercise any of the rights granted in Section 1 herein, and any attempt to do so except under the terms of this License (or another written agreement between Licensor and You) is expressly prohibited by U.S. copyright law, the equivalent laws of other countries, and by international treaty. Therefore, by exercising any of the rights granted to You in Section 1 herein, You indicate Your acceptance of this License and all of its terms and conditions. This License shall terminate immediately and you may no longer exercise any of the rights granted to You by this License upon Your failure to honor the proviso in Section 1(c) herein. - -10) Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, against Licensor or any licensee alleging that the Original Work infringes a patent. This termination provision shall not apply for an action alleging patent infringement by combinations of the Original Work with other software or hardware. - -11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this License may be brought only in the courts of a jurisdiction wherein the Licensor resides or in which Licensor conducts its primary business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Original Work outside the scope of this License or after its termination shall be subject to the requirements and penalties of the U.S. Copyright Act, 17 U.S.C. § 101 et seq., the equivalent laws of other countries, and international treaty. This section shall survive the termination of this License. - -12) Attorneys Fees. In any action to enforce the terms of this License or seeking damages relating thereto, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys' fees and costs incurred in connection with such action, including any appeal of such action. This section shall survive the termination of this License. - -13) Miscellaneous. This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. - -14) Definition of "You" in This License. "You" throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. - -15) Right to Use. You may use the Original Work in all ways not otherwise restricted or conditioned by this License or by law, and Licensor promises not to interfere with or be responsible for such uses by You. +Licensed under the Open Software License version 2.1 -This license is Copyright (C) 2003-2004 Lawrence E. Rosen. All rights reserved. Permission is hereby granted to copy and distribute this license without modification. This license may not be modified without the express written permission of its copyright owner. +1) Grant of Copyright License. Licensor hereby grants You a +world-wide, royalty-free, non-exclusive, perpetual, sublicenseable +license to do the following: + + to reproduce the Original Work in copies; + + to prepare derivative works ("Derivative Works") based upon the + Original Work; + + to distribute copies of the Original Work and Derivative Works to + the public, with the proviso that copies of Original Work or + Derivative Works that You distribute shall be licensed under the + Open Software License; + + to perform the Original Work publicly; and + + to display the Original Work publicly. + +2) Grant of Patent License. Licensor hereby grants You a world-wide, +royalty-free, non-exclusive, perpetual, sublicenseable license, under +patent claims owned or controlled by the Licensor that are embodied in +the Original Work as furnished by the Licensor, to make, use, sell and +offer for sale the Original Work and Derivative Works. + +3) Grant of Source Code License. The term "Source Code" means the +preferred form of the Original Work for making modifications to it and +all available documentation describing how to modify the Original +Work. Licensor hereby agrees to provide a machine-readable copy of the +Source Code of the Original Work along with each copy of the Original +Work that Licensor distributes. Licensor reserves the right to satisfy +this obligation by placing a machine-readable copy of the Source Code +in an information repository reasonably calculated to permit +inexpensive and convenient access by You for as long as Licensor +continues to distribute the Original Work, and by publishing the +address of that information repository in a notice immediately +following the copyright notice that applies to the Original Work. + +4) Exclusions From License Grant. Neither the names of Licensor, nor +the names of any contributors to the Original Work, nor any of their +trademarks or service marks, may be used to endorse or promote +products derived from this Original Work without express prior written +permission of the Licensor. Nothing in this License shall be deemed to +grant any rights to trademarks, copyrights, patents, trade secrets or +any other intellectual property of Licensor except as expressly stated +herein. No patent license is granted to make, use, sell or offer to +sell embodiments of any patent claims other than the licensed claims +defined in Section 2. No right is granted to the trademarks of +Licensor even if such marks are included in the Original Work. Nothing +in this License shall be interpreted to prohibit Licensor from +licensing under different terms from this License any Original Work +that Licensor otherwise would have a right to license. + +5) External Deployment. The term "External Deployment" means the use +or distribution of the Original Work or Derivative Works in any way +such that the Original Work or Derivative Works may be used by anyone +other than You, whether the Original Work or Derivative Works are +distributed to those persons or made available as an application +intended for use over a computer network. As an express condition for +the grants of license hereunder, You agree that any External +Deployment by You of a Derivative Work shall be deemed a distribution +and shall be licensed to all under the terms of this License, as +prescribed in section 1(c) herein. + +6) Attribution Rights. You must retain, in the Source Code of any +Derivative Works that You create, all copyright, patent or trademark +notices from the Source Code of the Original Work, as well as any +notices of licensing and any descriptive text identified therein as an +"Attribution Notice." You must cause the Source Code for any +Derivative Works that You create to carry a prominent Attribution +Notice reasonably calculated to inform recipients that You have +modified the Original Work. + +7) Warranty of Provenance and Disclaimer of Warranty. Licensor +warrants that the copyright in and to the Original Work and the patent +rights granted herein by Licensor are owned by the Licensor or are +sublicensed to You under the terms of this License with the permission +of the contributor(s) of those copyrights and patent rights. Except as +expressly stated in the immediately proceeding sentence, the Original +Work is provided under this License on an "AS IS" BASIS and WITHOUT +WARRANTY, either express or implied, including, without limitation, +the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A +PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL +WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential +part of this License. No license to Original Work is granted hereunder +except under this disclaimer. + +8) Limitation of Liability. Under no circumstances and under no legal +theory, whether in tort (including negligence), contract, or +otherwise, shall the Licensor be liable to any person for any direct, +indirect, special, incidental, or consequential damages of any +character arising as a result of this License or the use of the +Original Work including, without limitation, damages for loss of +goodwill, work stoppage, computer failure or malfunction, or any and +all other commercial damages or losses. This limitation of liability +shall not apply to liability for death or personal injury resulting +from Licensor's negligence to the extent applicable law prohibits such +limitation. Some jurisdictions do not allow the exclusion or +limitation of incidental or consequential damages, so this exclusion +and limitation may not apply to You. + +9) Acceptance and Termination. If You distribute copies of the +Original Work or a Derivative Work, You must make a reasonable effort +under the circumstances to obtain the express assent of recipients to +the terms of this License. Nothing else but this License (or another +written agreement between Licensor and You) grants You permission to +create Derivative Works based upon the Original Work or to exercise +any of the rights granted in Section 1 herein, and any attempt to do +so except under the terms of this License (or another written +agreement between Licensor and You) is expressly prohibited by +U.S. copyright law, the equivalent laws of other countries, and by +international treaty. Therefore, by exercising any of the rights +granted to You in Section 1 herein, You indicate Your acceptance of +this License and all of its terms and conditions. This License shall +terminate immediately and you may no longer exercise any of the rights +granted to You by this License upon Your failure to honor the proviso +in Section 1(c) herein. + +10) Termination for Patent Action. This License shall terminate +automatically and You may no longer exercise any of the rights granted +to You by this License as of the date You commence an action, +including a cross-claim or counterclaim, against Licensor or any +licensee alleging that the Original Work infringes a patent. This +termination provision shall not apply for an action alleging patent +infringement by combinations of the Original Work with other software +or hardware. + +11) Jurisdiction, Venue and Governing Law. Any action or suit relating +to this License may be brought only in the courts of a jurisdiction +wherein the Licensor resides or in which Licensor conducts its primary +business, and under the laws of that jurisdiction excluding its +conflict-of-law provisions. The application of the United Nations +Convention on Contracts for the International Sale of Goods is +expressly excluded. Any use of the Original Work outside the scope of +this License or after its termination shall be subject to the +requirements and penalties of the U.S. Copyright Act, 17 U.S.C. § 101 +et seq., the equivalent laws of other countries, and international +treaty. This section shall survive the termination of this License. + +12) Attorneys Fees. In any action to enforce the terms of this License +or seeking damages relating thereto, the prevailing party shall be +entitled to recover its costs and expenses, including, without +limitation, reasonable attorneys' fees and costs incurred in +connection with such action, including any appeal of such action. This +section shall survive the termination of this License. + +13) Miscellaneous. This License represents the complete agreement +concerning the subject matter hereof. If any provision of this License +is held to be unenforceable, such provision shall be reformed only to +the extent necessary to make it enforceable. + +14) Definition of "You" in This License. "You" throughout this +License, whether in upper or lower case, means an individual or a +legal entity exercising rights under, and complying with all of the +terms of, this License. For legal entities, "You" includes any entity +that controls, is controlled by, or is under common control with +you. For purposes of this definition, "control" means (i) the power, +direct or indirect, to cause the direction or management of such +entity, whether by contract or otherwise, or (ii) ownership of fifty +percent (50%) or more of the outstanding shares, or (iii) beneficial +ownership of such entity. + +15) Right to Use. You may use the Original Work in all ways not +otherwise restricted or conditioned by this License or by law, and +Licensor promises not to interfere with or be responsible for such +uses by You. + +This license is Copyright (C) 2003-2004 Lawrence E. Rosen. All rights +reserved. Permission is hereby granted to copy and distribute this +license without modification. This license may not be modified without +the express written permission of its copyright owner. diff --git a/common/OSL3.0 b/common/OSL3.0 index 5f7962d..6ba2ab2 100644 --- a/common/OSL3.0 +++ b/common/OSL3.0 @@ -1,46 +1,186 @@ Open Software License v. 3.0 (OSL-3.0) -This Open Software License (the "License") applies to any original work of authorship (the "Original Work") whose owner (the "Licensor") has placed the following licensing notice adjacent to the copyright notice for the Original Work: -Licensed under the Open Software License version 3.0 - -1) Grant of Copyright License. Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable license, for the duration of the copyright, to do the following: - -a) to reproduce the Original Work in copies, either alone or as part of a collective work; - -b) to translate, adapt, alter, transform, modify, or arrange the Original Work, thereby creating derivative works ("Derivative Works") based upon the Original Work; - -c) to distribute or communicate copies of the Original Work and Derivative Works to the public, with the proviso that copies of Original Work or Derivative Works that You distribute or communicate shall be licensed under this Open Software License; - -d) to perform the Original Work publicly; and - -e) to display the Original Work publicly. - -2) Grant of Patent License. Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable license, under patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor, for the duration of the patents, to make, use, sell, offer for sale, have made, and import the Original Work and Derivative Works. - -3) Grant of Source Code License. The term "Source Code" means the preferred form of the Original Work for making modifications to it and all available documentation describing how to modify the Original Work. Licensor agrees to provide a machine-readable copy of the Source Code of the Original Work along with each copy of the Original Work that Licensor distributes. Licensor reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to distribute the Original Work. - -4) Exclusions From License Grant. Neither the names of Licensor, nor the names of any contributors to the Original Work, nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Original Work without express prior permission of the Licensor. Except as expressly stated herein, nothing in this License grants any license to Licensor's trademarks, copyrights, patents, trade secrets or any other intellectual property. No patent license is granted to make, use, sell, offer for sale, have made, or import embodiments of any patent claims other than the licensed claims defined in Section 2. No license is granted to the trademarks of Licensor even if such marks are included in the Original Work. Nothing in this License shall be interpreted to prohibit Licensor from licensing under terms different from this License any Original Work that Licensor otherwise would have a right to license. - -5) External Deployment. The term "External Deployment" means the use, distribution, or communication of the Original Work or Derivative Works in any way such that the Original Work or Derivative Works may be used by anyone other than You, whether those works are distributed or communicated to those persons or made available as an application intended for use over a network. As an express condition for the grants of license hereunder, You must treat any External Deployment by You of the Original Work or a Derivative Work as a distribution under section 1(c). +This Open Software License (the "License") applies to any original +work of authorship (the "Original Work") whose owner (the "Licensor") +has placed the following licensing notice adjacent to the copyright +notice for the Original Work: -6) Attribution Rights. You must retain, in the Source Code of any Derivative Works that You create, all copyright, patent, or trademark notices from the Source Code of the Original Work, as well as any notices of licensing and any descriptive text identified therein as an "Attribution Notice." You must cause the Source Code for any Derivative Works that You create to carry a prominent Attribution Notice reasonably calculated to inform recipients that You have modified the Original Work. - -7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that the copyright in and to the Original Work and the patent rights granted herein by Licensor are owned by the Licensor or are sublicensed to You under the terms of this License with the permission of the contributor(s) of those copyrights and patent rights. Except as expressly stated in the immediately preceding sentence, the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of non-infringement, merchantability or fitness for a particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No license to the Original Work is granted by this License except under this disclaimer. - -8) Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to anyone for any indirect, special, incidental, or consequential damages of any character arising as a result of this License or the use of the Original Work including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to the extent applicable law prohibits such limitation. - -9) Acceptance and Termination. If, at any time, You expressly assented to this License, that assent indicates your clear and irrevocable acceptance of this License and all of its terms and conditions. If You distribute or communicate copies of the Original Work or a Derivative Work, You must make a reasonable effort under the circumstances to obtain the express assent of recipients to the terms of this License. This License conditions your rights to undertake the activities listed in Section 1, including your right to create Derivative Works based upon the Original Work, and doing so without honoring these terms and conditions is prohibited by copyright law and international treaty. Nothing in this License is intended to affect copyright exceptions and limitations (including "fair use" or "fair dealing"). This License shall terminate immediately and You may no longer exercise any of the rights granted to You by this License upon your failure to honor the conditions in Section 1(c). - -10) Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, against Licensor or any licensee alleging that the Original Work infringes a patent. This termination provision shall not apply for an action alleging patent infringement by combinations of the Original Work with other software or hardware. - -11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this License may be brought only in the courts of a jurisdiction wherein the Licensor resides or in which Licensor conducts its primary business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Original Work outside the scope of this License or after its termination shall be subject to the requirements and penalties of copyright or patent law in the appropriate jurisdiction. This section shall survive the termination of this License. - -12) Attorneys' Fees. In any action to enforce the terms of this License or seeking damages relating thereto, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys' fees and costs incurred in connection with such action, including any appeal of such action. This section shall survive the termination of this License. - -13) Miscellaneous. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. - -14) Definition of "You" in This License. "You" throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. - -15) Right to Use. You may use the Original Work in all ways not otherwise restricted or conditioned by this License or by law, and Licensor promises not to interfere with or be responsible for such uses by You. +Licensed under the Open Software License version 3.0 -16) Modification of This License. This License is Copyright © 2005 Lawrence Rosen. Permission is granted to copy, distribute, or communicate this License without modification. Nothing in this License permits You to modify this License as applied to the Original Work or to Derivative Works. However, You may modify the text of this License and copy, distribute or communicate your modified version (the "Modified License") and apply it to other original works of authorship subject to the following conditions: (i) You may not indicate in any way that your Modified License is the "Open Software License" or "OSL" and you may not use those names in the name of your Modified License; (ii) You must replace the notice specified in the first paragraph above with the notice "Licensed under <insert your license name here>" or with a notice of your own that is not confusingly similar to the notice in this License; and (iii) You may not claim that your original works are open source software unless your Modified License has been approved by Open Source Initiative (OSI) and You comply with its license review and certification process. +1) Grant of Copyright License. Licensor grants You a worldwide, +royalty-free, non-exclusive, sublicensable license, for the duration +of the copyright, to do the following: + + a) to reproduce the Original Work in copies, either alone or as part + of a collective work; + + b) to translate, adapt, alter, transform, modify, or arrange the + Original Work, thereby creating derivative works ("Derivative + Works") based upon the Original Work; + + c) to distribute or communicate copies of the Original Work and + Derivative Works to the public, with the proviso that copies of + Original Work or Derivative Works that You distribute or communicate + shall be licensed under this Open Software License; + + d) to perform the Original Work publicly; and + + e) to display the Original Work publicly. + +2) Grant of Patent License. Licensor grants You a worldwide, +royalty-free, non-exclusive, sublicensable license, under patent +claims owned or controlled by the Licensor that are embodied in the +Original Work as furnished by the Licensor, for the duration of the +patents, to make, use, sell, offer for sale, have made, and import the +Original Work and Derivative Works. + +3) Grant of Source Code License. The term "Source Code" means the +preferred form of the Original Work for making modifications to it and +all available documentation describing how to modify the Original +Work. Licensor agrees to provide a machine-readable copy of the Source +Code of the Original Work along with each copy of the Original Work +that Licensor distributes. Licensor reserves the right to satisfy this +obligation by placing a machine-readable copy of the Source Code in an +information repository reasonably calculated to permit inexpensive and +convenient access by You for as long as Licensor continues to +distribute the Original Work. + +4) Exclusions From License Grant. Neither the names of Licensor, nor +the names of any contributors to the Original Work, nor any of their +trademarks or service marks, may be used to endorse or promote +products derived from this Original Work without express prior +permission of the Licensor. Except as expressly stated herein, nothing +in this License grants any license to Licensor's trademarks, +copyrights, patents, trade secrets or any other intellectual +property. No patent license is granted to make, use, sell, offer for +sale, have made, or import embodiments of any patent claims other than +the licensed claims defined in Section 2. No license is granted to the +trademarks of Licensor even if such marks are included in the Original +Work. Nothing in this License shall be interpreted to prohibit +Licensor from licensing under terms different from this License any +Original Work that Licensor otherwise would have a right to license. + +5) External Deployment. The term "External Deployment" means the use, +distribution, or communication of the Original Work or Derivative +Works in any way such that the Original Work or Derivative Works may +be used by anyone other than You, whether those works are distributed +or communicated to those persons or made available as an application +intended for use over a network. As an express condition for the +grants of license hereunder, You must treat any External Deployment by +You of the Original Work or a Derivative Work as a distribution under +section 1(c). + +6) Attribution Rights. You must retain, in the Source Code of any +Derivative Works that You create, all copyright, patent, or trademark +notices from the Source Code of the Original Work, as well as any +notices of licensing and any descriptive text identified therein as an +"Attribution Notice." You must cause the Source Code for any +Derivative Works that You create to carry a prominent Attribution +Notice reasonably calculated to inform recipients that You have +modified the Original Work. + +7) Warranty of Provenance and Disclaimer of Warranty. Licensor +warrants that the copyright in and to the Original Work and the patent +rights granted herein by Licensor are owned by the Licensor or are +sublicensed to You under the terms of this License with the permission +of the contributor(s) of those copyrights and patent rights. Except as +expressly stated in the immediately preceding sentence, the Original +Work is provided under this License on an "AS IS" BASIS and WITHOUT +WARRANTY, either express or implied, including, without limitation, +the warranties of non-infringement, merchantability or fitness for a +particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL +WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential +part of this License. No license to the Original Work is granted by +this License except under this disclaimer. + +8) Limitation of Liability. Under no circumstances and under no legal +theory, whether in tort (including negligence), contract, or +otherwise, shall the Licensor be liable to anyone for any indirect, +special, incidental, or consequential damages of any character arising +as a result of this License or the use of the Original Work including, +without limitation, damages for loss of goodwill, work stoppage, +computer failure or malfunction, or any and all other commercial +damages or losses. This limitation of liability shall not apply to the +extent applicable law prohibits such limitation. + +9) Acceptance and Termination. If, at any time, You expressly assented +to this License, that assent indicates your clear and irrevocable +acceptance of this License and all of its terms and conditions. If You +distribute or communicate copies of the Original Work or a Derivative +Work, You must make a reasonable effort under the circumstances to +obtain the express assent of recipients to the terms of this +License. This License conditions your rights to undertake the +activities listed in Section 1, including your right to create +Derivative Works based upon the Original Work, and doing so without +honoring these terms and conditions is prohibited by copyright law and +international treaty. Nothing in this License is intended to affect +copyright exceptions and limitations (including "fair use" or "fair +dealing"). This License shall terminate immediately and You may no +longer exercise any of the rights granted to You by this License upon +your failure to honor the conditions in Section 1(c). + +10) Termination for Patent Action. This License shall terminate +automatically and You may no longer exercise any of the rights granted +to You by this License as of the date You commence an action, +including a cross-claim or counterclaim, against Licensor or any +licensee alleging that the Original Work infringes a patent. This +termination provision shall not apply for an action alleging patent +infringement by combinations of the Original Work with other software +or hardware. + +11) Jurisdiction, Venue and Governing Law. Any action or suit relating +to this License may be brought only in the courts of a jurisdiction +wherein the Licensor resides or in which Licensor conducts its primary +business, and under the laws of that jurisdiction excluding its +conflict-of-law provisions. The application of the United Nations +Convention on Contracts for the International Sale of Goods is +expressly excluded. Any use of the Original Work outside the scope of +this License or after its termination shall be subject to the +requirements and penalties of copyright or patent law in the +appropriate jurisdiction. This section shall survive the termination +of this License. + +12) Attorneys' Fees. In any action to enforce the terms of this +License or seeking damages relating thereto, the prevailing party +shall be entitled to recover its costs and expenses, including, +without limitation, reasonable attorneys' fees and costs incurred in +connection with such action, including any appeal of such action. This +section shall survive the termination of this License. + +13) Miscellaneous. If any provision of this License is held to be +unenforceable, such provision shall be reformed only to the extent +necessary to make it enforceable. + +14) Definition of "You" in This License. "You" throughout this +License, whether in upper or lower case, means an individual or a +legal entity exercising rights under, and complying with all of the +terms of, this License. For legal entities, "You" includes any entity +that controls, is controlled by, or is under common control with +you. For purposes of this definition, "control" means (i) the power, +direct or indirect, to cause the direction or management of such +entity, whether by contract or otherwise, or (ii) ownership of fifty +percent (50%) or more of the outstanding shares, or (iii) beneficial +ownership of such entity. + +15) Right to Use. You may use the Original Work in all ways not +otherwise restricted or conditioned by this License or by law, and +Licensor promises not to interfere with or be responsible for such +uses by You. + +16) Modification of This License. This License is Copyright © 2005 +Lawrence Rosen. Permission is granted to copy, distribute, or +communicate this License without modification. Nothing in this License +permits You to modify this License as applied to the Original Work or +to Derivative Works. However, You may modify the text of this License +and copy, distribute or communicate your modified version (the +"Modified License") and apply it to other original works of authorship +subject to the following conditions: (i) You may not indicate in any +way that your Modified License is the "Open Software License" or "OSL" +and you may not use those names in the name of your Modified License; +(ii) You must replace the notice specified in the first paragraph +above with the notice "Licensed under <insert your license name here>" +or with a notice of your own that is not confusingly similar to the +notice in this License; and (iii) You may not claim that your original +works are open source software unless your Modified License has been +approved by Open Source Initiative (OSI) and You comply with its +license review and certification process. diff --git a/common/RPSL b/common/RPSL index 3c4ccb7..f20c05e 100644 --- a/common/RPSL +++ b/common/RPSL @@ -1,135 +1,513 @@ RealNetworks Public Source License Version 1.0 -1. General Definitions. This License applies to any program or other work which RealNetworks, Inc., or any other entity that elects to use this license, ("Licensor") makes publicly available and which contains a notice placed by Licensor identifying such program or work as "Original Code" and stating that it is subject to the terms of this RealNetworks Public Source License version 1.0 (or subsequent version thereof) ("License"). You are not required to accept this License. However, nothing else grants You permission to use, copy, modify or distribute the software or its derivative works. These actions are prohibited by law if You do not accept this License. Therefore, by modifying, copying or distributing the software (or any work based on the software), You indicate your acceptance of this License to do so, and all its terms and conditions. In addition, you agree to the terms of this License by clicking the Accept button or downloading the software. As used in this License: - -1.1 "Applicable Patent Rights" mean: (a) in the case where Licensor is the grantor of rights, claims of patents that (i) are now or hereafter acquired, owned by or assigned to Licensor and (ii) are necessarily infringed by using or making the Original Code alone and not in combination with other software or hardware; and (b) in the case where You are the grantor of rights, claims of patents that (i) are now or hereafter acquired, owned by or assigned to You and (ii) are infringed (directly or indirectly) by using or making Your Modifications, taken alone or in combination with Original Code. - -1.2 "Compatible Source License" means any one of the licenses listed on Exhibit B or at https://www.helixcommunity.org/content/complicense or other licenses specifically identified by Licensor in writing. Notwithstanding any term to the contrary in any Compatible Source License, any code covered by any Compatible Source License that is used with Covered Code must be made readily available in Source Code format for royalty-free use under the terms of the Compatible Source License or this License. - -1.3 "Contributor" means any person or entity that creates or contributes to the creation of Modifications. - -1.4 "Covered Code" means the Original Code, Modifications, the combination of Original Code and any Modifications, and/or any respective portions thereof. - -1.5 "Deploy" means to use, sublicense or distribute Covered Code other than for Your internal research and development (R&D) and/or Personal Use, and includes without limitation, any and all internal use or distribution of Covered Code within Your business or organization except for R&D use and/or Personal Use, as well as direct or indirect sublicensing or distribution of Covered Code by You to any third party in any form or manner. - -1.6 "Derivative Work" means either the Covered Code or any derivative work under United States copyright law, and including any work containing or including any portion of the Covered Code or Modifications, either verbatim or with modifications and/or translated into another language. Derivative Work also includes any work which combines any portion of Covered Code or Modifications with code not otherwise governed by the terms of this License. - -1.7 "Externally Deploy" means to Deploy the Covered Code in any way that may be accessed or used by anyone other than You, used to provide any services to anyone other than You, or used in any way to deliver any content to anyone other than You, whether the Covered Code is distributed to those parties, made available as an application intended for use over a computer network, or used to provide services or otherwise deliver content to anyone other than You. - -1.8. "Interface" means interfaces, functions, properties, class definitions, APIs, header files, GUIDs, V-Tables, and/or protocols allowing one piece of software, firmware or hardware to communicate or interoperate with another piece of software, firmware or hardware. - -1.9 "Modifications" mean any addition to, deletion from, and/or change to, the substance and/or structure of the Original Code, any previous Modifications, the combination of Original Code and any previous Modifications, and/or any respective portions thereof. When code is released as a series of files, a Modification is: (a) any addition to or deletion from the contents of a file containing Covered Code; and/or (b) any new file or other representation of computer program statements that contains any part of Covered Code. - -1.10 "Original Code" means (a) the Source Code of a program or other work as originally made available by Licensor under this License, including the Source Code of any updates or upgrades to such programs or works made available by Licensor under this License, and that has been expressly identified by Licensor as such in the header file(s) of such work; and (b) the object code compiled from such Source Code and originally made available by Licensor under this License. - -1.11 "Personal Use" means use of Covered Code by an individual solely for his or her personal, private and non-commercial purposes. An individual's use of Covered Code in his or her capacity as an officer, employee, member, independent contractor or agent of a corporation, business or organization (commercial or non-commercial) does not qualify as Personal Use. - -1.12 "Source Code" means the human readable form of a program or other work that is suitable for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an executable (object code). - -1.13 "You" or "Your" means an individual or a legal entity exercising rights under this License. For legal entities, "You" or "Your" includes any entity which controls, is controlled by, or is under common control with, You, where "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity. - -2. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions of this License, Licensor hereby grants You, effective on the date You accept this License (via downloading or using Covered Code or otherwise indicating your acceptance of this License), a worldwide, royalty-free, non-exclusive copyright license, to the extent of Licensor's copyrights cover the Original Code, to do the following: - -2.1 You may reproduce, display, perform, modify and Deploy Covered Code, provided that in each instance: - -(a) You must retain and reproduce in all copies of Original Code the copyright and other proprietary notices and disclaimers of Licensor as they appear in the Original Code, and keep intact all notices in the Original Code that refer to this License; - -(b) You must include a copy of this License with every copy of Source Code of Covered Code and documentation You distribute, and You may not offer or impose any terms on such Source Code that alter or restrict this License or the recipients' rights hereunder, except as permitted under Section 6; - -(c) You must duplicate, to the extent it does not already exist, the notice in Exhibit A in each file of the Source Code of all Your Modifications, and cause the modified files to carry prominent notices stating that You changed the files and the date of any change; - -(d) You must make Source Code of all Your Externally Deployed Modifications publicly available under the terms of this License, including the license grants set forth in Section 3 below, for as long as you Deploy the Covered Code or twelve (12) months from the date of initial Deployment, whichever is longer. You should preferably distribute the Source Code of Your Deployed Modifications electronically (e.g. download from a web site); and - -(e) if You Deploy Covered Code in object code, executable form only, You must include a prominent notice, in the code itself as well as in related documentation, stating that Source Code of the Covered Code is available under the terms of this License with information on how and where to obtain such Source Code. You must also include the Object Code Notice set forth in Exhibit A in the "about" box or other appropriate place where other copyright notices are placed, including any packaging materials. - -2.2 You expressly acknowledge and agree that although Licensor and each Contributor grants the licenses to their respective portions of the Covered Code set forth herein, no assurances are provided by Licensor or any Contributor that the Covered Code does not infringe the patent or other intellectual property rights of any other entity. Licensor and each Contributor disclaim any liability to You for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow You to make, use, sell, import or offer for sale the Covered Code, it is Your responsibility to acquire such license(s). - -2.3 Subject to the terms and conditions of this License, Licensor hereby grants You, effective on the date You accept this License (via downloading or using Covered Code or otherwise indicating your acceptance of this License), a worldwide, royalty-free, perpetual, non-exclusive patent license under Licensor's Applicable Patent Rights to make, use, sell, offer for sale and import the Covered Code, provided that in each instance you comply with the terms of this License. - -3. Your Grants. In consideration of, and as a condition to, the licenses granted to You under this License: - -(a) You grant to Licensor and all third parties a non-exclusive, perpetual, irrevocable, royalty free license under Your Applicable Patent Rights and other intellectual property rights owned or controlled by You, to make, sell, offer for sale, use, import, reproduce, display, perform, modify, distribute and Deploy Your Modifications of the same scope and extent as Licensor's licenses under Sections 2.1 and 2.2; and - -(b) You grant to Licensor and its subsidiaries a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license, under Your Applicable Patent Rights and other intellectual property rights owned or controlled by You, to make, use, sell, offer for sale, import, reproduce, display, perform, distribute, modify or have modified (for Licensor and/or its subsidiaries), sublicense and distribute Your Modifications, in any form and for any purpose, through multiple tiers of distribution. - -(c) You agree not use any information derived from Your use and review of the Covered Code, including but not limited to any algorithms or inventions that may be contained in the Covered Code, for the purpose of asserting any of Your patent rights, or assisting a third party to assert any of its patent rights, against Licensor or any Contributor. - -4. Derivative Works. You may create a Derivative Work by combining Covered Code with other code not otherwise governed by the terms of this License and distribute the Derivative Work as an integrated product. In each such instance, You must make sure the requirements of this License are fulfilled for the Covered Code or any portion thereof, including all Modifications. - -4.1 You must cause any Derivative Work that you distribute, publish or Externally Deploy, that in whole or in part contains or is derived from the Covered Code or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License and no other license except as provided in Section 4.2. You also must make Source Code available for the Derivative Work under the same terms as Modifications, described in Sections 2 and 3, above. - -4.2 Compatible Source Licenses. Software modules that have been independently developed without any use of Covered Code and which contain no portion of the Covered Code, Modifications or other Derivative Works, but are used or combined in any way wtih the Covered Code or any Derivative Work to form a larger Derivative Work, are exempt from the conditions described in Section 4.1 but only to the extent that: the software module, including any software that is linked to, integrated with, or part of the same applications as, the software module by any method must be wholly subject to one of the Compatible Source Licenses. Notwithstanding the foregoing, all Covered Code must be subject to the terms of this License. Thus, the entire Derivative Work must be licensed under a combination of the RPSL (for Covered Code) and a Compatible Source License for any independently developed software modules within the Derivative Work. The foregoing requirement applies even if the Compatible Source License would ordinarily allow the software module to link with, or form larger works with, other software that is not subject to the Compatible Source License. For example, although the Mozilla Public License v1.1 allows Mozilla code to be combined with proprietary software that is not subject to the MPL, if MPL-licensed code is used with Covered Code the MPL-licensed code could not be combined or linked with any code not governed by the MPL. The general intent of this section 4.2 is to enable use of Covered Code with applications that are wholly subject to an acceptable open source license. You are responsible for determining whether your use of software with Covered Code is allowed under Your license to such software. - -4.3 Mere aggregation of another work not based on the Covered Code with the Covered Code (or with a work based on the Covered Code) on a volume of a storage or distribution medium does not bring the other work under the scope of this License. If You deliver the Covered Code for combination and/or integration with an application previously provided by You (for example, via automatic updating technology), such combination and/or integration constitutes a Derivative Work subject to the terms of this License. - -5. 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 right is granted to the trademarks of Licensor or any Contributor even if such marks are included in the Covered Code. 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. Modifications, Derivative Works and/or any use or combination of Covered Code with other technology provided by Licensor or third parties may require additional patent licenses from Licensor which Licensor may grant in its sole discretion. No patent license is granted separate from the Original Code or combinations of the Original Code with other software or hardware. - -5.1. Trademarks. This License does not grant any rights to use the trademarks or trade names owned by Licensor ("Licensor Marks" defined in Exhibit C) or to any trademark or trade name belonging to any Contributor. No Licensor Marks may be used to endorse or promote products derived from the Original Code other than as permitted by the Licensor Trademark Policy defined in Exhibit C. - -6. Additional Terms. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations and/or other rights consistent with the scope of the license granted herein ("Additional Terms") to one or more recipients of Covered Code. However, You may do so only on Your own behalf and as Your sole responsibility, and not on behalf of Licensor or any Contributor. You must obtain the recipient's agreement that any such Additional Terms are offered by You alone, and You hereby agree to indemnify, defend and hold Licensor and every Contributor harmless for any liability incurred by or claims asserted against Licensor or such Contributor by reason of any such Additional Terms. - -7. Versions of the License. Licensor may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Once Original Code has been published under a particular version of this License, You may continue to use it under the terms of that version. You may also choose to use such Original Code under the terms of any subsequent version of this License published by Licensor. No one other than Licensor has the right to modify the terms applicable to Covered Code created under this License. - -8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part pre-release, untested, or not fully tested works. The Covered Code may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Covered Code, or any portion thereof, is at Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND LICENSOR AND LICENSOR'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "LICENSOR" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN DOCUMENTATION, INFORMATION OR ADVICE GIVEN BY LICENSOR, A LICENSOR AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Covered Code is not intended for use in high risk activities, including, but not limited to, the design, construction, operation or maintenance of nuclear facilities, aircraft navigation, aircraft communication systems, or air traffic control machines in which case the failure of the Covered Code could lead to death, personal injury, or severe physical or environmental damage. Licensor disclaims any express or implied warranty of fitness for such uses. - -9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor's total liability to You for all damages (other than as may be required by applicable law) under this License exceed the amount of ten dollars ($10.00). - -10. Ownership. Subject to the licenses granted under this License, each Contributor retains all rights, title and interest in and to any Modifications made by such Contributor. Licensor retains all rights, title and interest in and to the Original Code and any Modifications made by or on behalf of Licensor ("Licensor Modifications"), and such Licensor Modifications will not be automatically subject to this License. Licensor may, at its sole discretion, choose to license such Licensor Modifications under this License, or on different terms from those contained in this License or may choose not to license them at all. +1. General Definitions. This License applies to any program or other +work which RealNetworks, Inc., or any other entity that elects to use +this license, ("Licensor") makes publicly available and which contains +a notice placed by Licensor identifying such program or work as +"Original Code" and stating that it is subject to the terms of this +RealNetworks Public Source License version 1.0 (or subsequent version +thereof) ("License"). You are not required to accept this +License. However, nothing else grants You permission to use, copy, +modify or distribute the software or its derivative works. These +actions are prohibited by law if You do not accept this +License. Therefore, by modifying, copying or distributing the software +(or any work based on the software), You indicate your acceptance of +this License to do so, and all its terms and conditions. In addition, +you agree to the terms of this License by clicking the Accept button +or downloading the software. As used in this License: + +1.1 "Applicable Patent Rights" mean: (a) in the case where Licensor is +the grantor of rights, claims of patents that (i) are now or hereafter +acquired, owned by or assigned to Licensor and (ii) are necessarily +infringed by using or making the Original Code alone and not in +combination with other software or hardware; and (b) in the case where +You are the grantor of rights, claims of patents that (i) are now or +hereafter acquired, owned by or assigned to You and (ii) are infringed +(directly or indirectly) by using or making Your Modifications, taken +alone or in combination with Original Code. + +1.2 "Compatible Source License" means any one of the licenses listed +on Exhibit B or at https://www.helixcommunity.org/content/complicense +or other licenses specifically identified by Licensor in +writing. Notwithstanding any term to the contrary in any Compatible +Source License, any code covered by any Compatible Source License that +is used with Covered Code must be made readily available in Source +Code format for royalty-free use under the terms of the Compatible +Source License or this License. + +1.3 "Contributor" means any person or entity that creates or +contributes to the creation of Modifications. + +1.4 "Covered Code" means the Original Code, Modifications, the +combination of Original Code and any Modifications, and/or any +respective portions thereof. + +1.5 "Deploy" means to use, sublicense or distribute Covered Code other +than for Your internal research and development (R&D) and/or Personal +Use, and includes without limitation, any and all internal use or +distribution of Covered Code within Your business or organization +except for R&D use and/or Personal Use, as well as direct or indirect +sublicensing or distribution of Covered Code by You to any third party +in any form or manner. + +1.6 "Derivative Work" means either the Covered Code or any derivative +work under United States copyright law, and including any work +containing or including any portion of the Covered Code or +Modifications, either verbatim or with modifications and/or translated +into another language. Derivative Work also includes any work which +combines any portion of Covered Code or Modifications with code not +otherwise governed by the terms of this License. + +1.7 "Externally Deploy" means to Deploy the Covered Code in any way +that may be accessed or used by anyone other than You, used to provide +any services to anyone other than You, or used in any way to deliver +any content to anyone other than You, whether the Covered Code is +distributed to those parties, made available as an application +intended for use over a computer network, or used to provide services +or otherwise deliver content to anyone other than You. + +1.8. "Interface" means interfaces, functions, properties, class +definitions, APIs, header files, GUIDs, V-Tables, and/or protocols +allowing one piece of software, firmware or hardware to communicate or +interoperate with another piece of software, firmware or hardware. + +1.9 "Modifications" mean any addition to, deletion from, and/or change +to, the substance and/or structure of the Original Code, any previous +Modifications, the combination of Original Code and any previous +Modifications, and/or any respective portions thereof. When code is +released as a series of files, a Modification is: (a) any addition to +or deletion from the contents of a file containing Covered Code; +and/or (b) any new file or other representation of computer program +statements that contains any part of Covered Code. + +1.10 "Original Code" means (a) the Source Code of a program or other +work as originally made available by Licensor under this License, +including the Source Code of any updates or upgrades to such programs +or works made available by Licensor under this License, and that has +been expressly identified by Licensor as such in the header file(s) of +such work; and (b) the object code compiled from such Source Code and +originally made available by Licensor under this License. + +1.11 "Personal Use" means use of Covered Code by an individual solely +for his or her personal, private and non-commercial purposes. An +individual's use of Covered Code in his or her capacity as an officer, +employee, member, independent contractor or agent of a corporation, +business or organization (commercial or non-commercial) does not +qualify as Personal Use. + +1.12 "Source Code" means the human readable form of a program or other +work that is suitable for making modifications to it, including all +modules it contains, plus any associated interface definition files, +scripts used to control compilation and installation of an executable +(object code). + +1.13 "You" or "Your" means an individual or a legal entity exercising +rights under this License. For legal entities, "You" or "Your" +includes any entity which controls, is controlled by, or is under +common control with, You, where "control" means (a) the power, direct +or indirect, to cause the direction or management of such entity, +whether by contract or otherwise, or (b) ownership of fifty percent +(50%) or more of the outstanding shares or beneficial ownership of +such entity. + +2. Permitted Uses; Conditions & Restrictions. Subject to the terms and +conditions of this License, Licensor hereby grants You, effective on +the date You accept this License (via downloading or using Covered +Code or otherwise indicating your acceptance of this License), a +worldwide, royalty-free, non-exclusive copyright license, to the +extent of Licensor's copyrights cover the Original Code, to do the +following: + +2.1 You may reproduce, display, perform, modify and Deploy Covered +Code, provided that in each instance: + + (a) You must retain and reproduce in all copies of Original Code the + copyright and other proprietary notices and disclaimers of Licensor + as they appear in the Original Code, and keep intact all notices in + the Original Code that refer to this License; + + (b) You must include a copy of this License with every copy of + Source Code of Covered Code and documentation You distribute, and + You may not offer or impose any terms on such Source Code that alter + or restrict this License or the recipients' rights hereunder, except + as permitted under Section 6; + + (c) You must duplicate, to the extent it does not already exist, the + notice in Exhibit A in each file of the Source Code of all Your + Modifications, and cause the modified files to carry prominent + notices stating that You changed the files and the date of any + change; + + (d) You must make Source Code of all Your Externally Deployed + Modifications publicly available under the terms of this License, + including the license grants set forth in Section 3 below, for as + long as you Deploy the Covered Code or twelve (12) months from the + date of initial Deployment, whichever is longer. You should + preferably distribute the Source Code of Your Deployed Modifications + electronically (e.g. download from a web site); and + + (e) if You Deploy Covered Code in object code, executable form only, + You must include a prominent notice, in the code itself as well as + in related documentation, stating that Source Code of the Covered + Code is available under the terms of this License with information + on how and where to obtain such Source Code. You must also include + the Object Code Notice set forth in Exhibit A in the "about" box or + other appropriate place where other copyright notices are placed, + including any packaging materials. + +2.2 You expressly acknowledge and agree that although Licensor and +each Contributor grants the licenses to their respective portions of +the Covered Code set forth herein, no assurances are provided by +Licensor or any Contributor that the Covered Code does not infringe +the patent or other intellectual property rights of any other +entity. Licensor and each Contributor disclaim any liability to You +for claims brought by any other entity based on infringement of +intellectual property rights or otherwise. As a condition to +exercising the rights and licenses granted hereunder, You hereby +assume sole responsibility to secure any other intellectual property +rights needed, if any. For example, if a third party patent license is +required to allow You to make, use, sell, import or offer for sale the +Covered Code, it is Your responsibility to acquire such license(s). + +2.3 Subject to the terms and conditions of this License, Licensor +hereby grants You, effective on the date You accept this License (via +downloading or using Covered Code or otherwise indicating your +acceptance of this License), a worldwide, royalty-free, perpetual, +non-exclusive patent license under Licensor's Applicable Patent Rights +to make, use, sell, offer for sale and import the Covered Code, +provided that in each instance you comply with the terms of this +License. + +3. Your Grants. In consideration of, and as a condition to, the +licenses granted to You under this License: + + (a) You grant to Licensor and all third parties a non-exclusive, + perpetual, irrevocable, royalty free license under Your Applicable + Patent Rights and other intellectual property rights owned or + controlled by You, to make, sell, offer for sale, use, import, + reproduce, display, perform, modify, distribute and Deploy Your + Modifications of the same scope and extent as Licensor's licenses + under Sections 2.1 and 2.2; and + + (b) You grant to Licensor and its subsidiaries a non-exclusive, + worldwide, royalty-free, perpetual and irrevocable license, under + Your Applicable Patent Rights and other intellectual property rights + owned or controlled by You, to make, use, sell, offer for sale, + import, reproduce, display, perform, distribute, modify or have + modified (for Licensor and/or its subsidiaries), sublicense and + distribute Your Modifications, in any form and for any purpose, + through multiple tiers of distribution. + + (c) You agree not use any information derived from Your use and + review of the Covered Code, including but not limited to any + algorithms or inventions that may be contained in the Covered Code, + for the purpose of asserting any of Your patent rights, or assisting + a third party to assert any of its patent rights, against Licensor + or any Contributor. + +4. Derivative Works. You may create a Derivative Work by combining +Covered Code with other code not otherwise governed by the terms of +this License and distribute the Derivative Work as an integrated +product. In each such instance, You must make sure the requirements of +this License are fulfilled for the Covered Code or any portion +thereof, including all Modifications. + +4.1 You must cause any Derivative Work that you distribute, publish or +Externally Deploy, that in whole or in part contains or is derived +from the Covered Code or any part thereof, to be licensed as a whole +at no charge to all third parties under the terms of this License and +no other license except as provided in Section 4.2. You also must make +Source Code available for the Derivative Work under the same terms as +Modifications, described in Sections 2 and 3, above. + +4.2 Compatible Source Licenses. Software modules that have been +independently developed without any use of Covered Code and which +contain no portion of the Covered Code, Modifications or other +Derivative Works, but are used or combined in any way wtih the Covered +Code or any Derivative Work to form a larger Derivative Work, are +exempt from the conditions described in Section 4.1 but only to the +extent that: the software module, including any software that is +linked to, integrated with, or part of the same applications as, the +software module by any method must be wholly subject to one of the +Compatible Source Licenses. Notwithstanding the foregoing, all Covered +Code must be subject to the terms of this License. Thus, the entire +Derivative Work must be licensed under a combination of the RPSL (for +Covered Code) and a Compatible Source License for any independently +developed software modules within the Derivative Work. The foregoing +requirement applies even if the Compatible Source License would +ordinarily allow the software module to link with, or form larger +works with, other software that is not subject to the Compatible +Source License. For example, although the Mozilla Public License v1.1 +allows Mozilla code to be combined with proprietary software that is +not subject to the MPL, if MPL-licensed code is used with Covered Code +the MPL-licensed code could not be combined or linked with any code +not governed by the MPL. The general intent of this section 4.2 is to +enable use of Covered Code with applications that are wholly subject +to an acceptable open source license. You are responsible for +determining whether your use of software with Covered Code is allowed +under Your license to such software. + +4.3 Mere aggregation of another work not based on the Covered Code +with the Covered Code (or with a work based on the Covered Code) on a +volume of a storage or distribution medium does not bring the other +work under the scope of this License. If You deliver the Covered Code +for combination and/or integration with an application previously +provided by You (for example, via automatic updating technology), such +combination and/or integration constitutes a Derivative Work subject +to the terms of this License. + +5. 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 right is granted to +the trademarks of Licensor or any Contributor even if such marks are +included in the Covered Code. 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. Modifications, Derivative Works and/or any use or +combination of Covered Code with other technology provided by Licensor +or third parties may require additional patent licenses from Licensor +which Licensor may grant in its sole discretion. No patent license is +granted separate from the Original Code or combinations of the +Original Code with other software or hardware. + +5.1. Trademarks. This License does not grant any rights to use the +trademarks or trade names owned by Licensor ("Licensor Marks" defined +in Exhibit C) or to any trademark or trade name belonging to any +Contributor. No Licensor Marks may be used to endorse or promote +products derived from the Original Code other than as permitted by the +Licensor Trademark Policy defined in Exhibit C. + +6. Additional Terms. You may choose to offer, and to charge a fee for, +warranty, support, indemnity or liability obligations and/or other +rights consistent with the scope of the license granted herein +("Additional Terms") to one or more recipients of Covered +Code. However, You may do so only on Your own behalf and as Your sole +responsibility, and not on behalf of Licensor or any Contributor. You +must obtain the recipient's agreement that any such Additional Terms +are offered by You alone, and You hereby agree to indemnify, defend +and hold Licensor and every Contributor harmless for any liability +incurred by or claims asserted against Licensor or such Contributor by +reason of any such Additional Terms. + +7. Versions of the License. Licensor may publish revised and/or new +versions of this License from time to time. Each version will be given +a distinguishing version number. Once Original Code has been published +under a particular version of this License, You may continue to use it +under the terms of that version. You may also choose to use such +Original Code under the terms of any subsequent version of this +License published by Licensor. No one other than Licensor has the +right to modify the terms applicable to Covered Code created under +this License. + +8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in +part pre-release, untested, or not fully tested works. The Covered +Code may contain errors that could cause failures or loss of data, and +may be incomplete or contain inaccuracies. You expressly acknowledge +and agree that use of the Covered Code, or any portion thereof, is at +Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND +WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND LICENSOR AND +LICENSOR'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "LICENSOR" FOR THE +PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM +ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT +NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF +MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR +PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD +PARTY RIGHTS. LICENSOR AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST +INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE +FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, +THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR +ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO +ORAL OR WRITTEN DOCUMENTATION, INFORMATION OR ADVICE GIVEN BY +LICENSOR, A LICENSOR AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR +SHALL CREATE A WARRANTY. You acknowledge that the Covered Code is not +intended for use in high risk activities, including, but not limited +to, the design, construction, operation or maintenance of nuclear +facilities, aircraft navigation, aircraft communication systems, or +air traffic control machines in which case the failure of the Covered +Code could lead to death, personal injury, or severe physical or +environmental damage. Licensor disclaims any express or implied +warranty of fitness for such uses. + +9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO +EVENT SHALL LICENSOR OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, +SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING +TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR +ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, +TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), PRODUCTS LIABILITY OR +OTHERWISE, EVEN IF LICENSOR OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF +THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF +ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE +LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO +THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor's +total liability to You for all damages (other than as may be required +by applicable law) under this License exceed the amount of ten dollars +($10.00). + +10. Ownership. Subject to the licenses granted under this License, +each Contributor retains all rights, title and interest in and to any +Modifications made by such Contributor. Licensor retains all rights, +title and interest in and to the Original Code and any Modifications +made by or on behalf of Licensor ("Licensor Modifications"), and such +Licensor Modifications will not be automatically subject to this +License. Licensor may, at its sole discretion, choose to license such +Licensor Modifications under this License, or on different terms from +those contained in this License or may choose not to license them at +all. 11. Termination. -11.1 Term and Termination. The term of this License is perpetual unless terminated as provided below. This License and the rights granted hereunder will terminate: - -(a) automatically without notice from Licensor if You fail to comply with any term(s) of this License and fail to cure such breach within 30 days of becoming aware of such breach; - -(b) immediately in the event of the circumstances described in Section 12.5(b); or - -(c) automatically without notice from Licensor if You, at any time during the term of this License, commence an action for patent infringement against Licensor (including by cross-claim or counter claim in a lawsuit); - -(d) upon written notice from Licensor if You, at any time during the term of this License, commence an action for patent infringement against any third party alleging that the Covered Code itself (excluding combinations with other software or hardware) infringes any patent (including by cross-claim or counter claim in a lawsuit). - -11.2 Effect of Termination. Upon termination, You agree to immediately stop any further use, reproduction, modification, sublicensing and distribution of the Covered Code and to destroy all copies of the Covered Code that are in your possession or control. All sublicenses to the Covered Code which have been properly granted prior to termination shall survive any termination of this License. Provisions which, by their nature, should remain in effect beyond the termination of this License shall survive, including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other for compensation, indemnity or damages of any sort solely as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy of any party. +11.1 Term and Termination. The term of this License is perpetual +unless terminated as provided below. This License and the rights +granted hereunder will terminate: + + (a) automatically without notice from Licensor if You fail to comply + with any term(s) of this License and fail to cure such breach within + 30 days of becoming aware of such breach; + + (b) immediately in the event of the circumstances described in + Section 12.5(b); or + + (c) automatically without notice from Licensor if You, at any time + during the term of this License, commence an action for patent + infringement against Licensor (including by cross-claim or counter + claim in a lawsuit); + + (d) upon written notice from Licensor if You, at any time during the + term of this License, commence an action for patent infringement + against any third party alleging that the Covered Code itself + (excluding combinations with other software or hardware) infringes + any patent (including by cross-claim or counter claim in a lawsuit). + +11.2 Effect of Termination. Upon termination, You agree to immediately +stop any further use, reproduction, modification, sublicensing and +distribution of the Covered Code and to destroy all copies of the +Covered Code that are in your possession or control. All sublicenses +to the Covered Code which have been properly granted prior to +termination shall survive any termination of this License. Provisions +which, by their nature, should remain in effect beyond the termination +of this License shall survive, including but not limited to Sections +3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other +for compensation, indemnity or damages of any sort solely as a result +of terminating this License in accordance with its terms, and +termination of this License will be without prejudice to any other +right or remedy of any party. 12. Miscellaneous. -12.1 Government End Users. The Covered Code is a "commercial item" as defined in FAR 2.101. Government software and technical data rights in the Covered Code include only those rights customarily provided to the public as defined in this License. This customary commercial license in technical data and software is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Covered Code with only those rights set forth herein. - -12.2 Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture or any other form of legal association between or among You, Licensor or any Contributor, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise. - -12.3 Independent Development. Nothing in this License will impair Licensor's right to acquire, license, develop, have others develop for it, market and/or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Modifications, Derivative Works, technology or products that You may develop, produce, market or distribute. - -12.4 Waiver; Construction. Failure by Licensor or any Contributor to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this License. - -12.5 Severability. (a) If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this License will continue in full force and effect. (b) Notwithstanding the foregoing, if applicable law prohibits or restricts You from fully and/or specifically complying with Sections 2 and/or 3 or prevents the enforceability of either of those Sections, this License will immediately terminate and You must immediately discontinue any use of the Covered Code and destroy all copies of it that are in your possession or control. - -12.6 Dispute Resolution. Any litigation or other dispute resolution between You and Licensor relating to this License shall take place in the Seattle, Washington, and You and Licensor 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. - -12.7 Export/Import Laws. This software is subject to all export and import laws and restrictions and regulations of the country in which you receive the Covered Code and You are solely responsible for ensuring that You do not export, re-export or import the Covered Code or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary authorizations. - -12.8 Entire Agreement; Governing Law. This License constitutes the entire agreement between the parties with respect to the subject matter hereof. This License shall be governed by the laws of the United States and the State of Washington. - -Where You are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this License and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais. +12.1 Government End Users. The Covered Code is a "commercial item" as +defined in FAR 2.101. Government software and technical data rights in +the Covered Code include only those rights customarily provided to the +public as defined in this License. This customary commercial license +in technical data and software is provided in accordance with FAR +12.211 (Technical Data) and 12.212 (Computer Software) and, for +Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- +Commercial Items) and 227.7202-3 (Rights in Commercial Computer +Software or Computer Software Documentation). Accordingly, all +U.S. Government End Users acquire Covered Code with only those rights +set forth herein. + +12.2 Relationship of Parties. This License will not be construed as +creating an agency, partnership, joint venture or any other form of +legal association between or among You, Licensor or any Contributor, +and You will not represent to the contrary, whether expressly, by +implication, appearance or otherwise. + +12.3 Independent Development. Nothing in this License will impair +Licensor's right to acquire, license, develop, have others develop for +it, market and/or distribute technology or products that perform the +same or similar functions as, or otherwise compete with, +Modifications, Derivative Works, technology or products that You may +develop, produce, market or distribute. + +12.4 Waiver; Construction. Failure by Licensor or any Contributor to +enforce any provision of this License will not be deemed a waiver of +future enforcement of that or any other provision. Any law or +regulation which provides that the language of a contract shall be +construed against the drafter will not apply to this License. + +12.5 Severability. (a) If for any reason a court of competent +jurisdiction finds any provision of this License, or portion thereof, +to be unenforceable, that provision of the License will be enforced to +the maximum extent permissible so as to effect the economic benefits +and intent of the parties, and the remainder of this License will +continue in full force and effect. (b) Notwithstanding the foregoing, +if applicable law prohibits or restricts You from fully and/or +specifically complying with Sections 2 and/or 3 or prevents the +enforceability of either of those Sections, this License will +immediately terminate and You must immediately discontinue any use of +the Covered Code and destroy all copies of it that are in your +possession or control. + +12.6 Dispute Resolution. Any litigation or other dispute resolution +between You and Licensor relating to this License shall take place in +the Seattle, Washington, and You and Licensor 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. + +12.7 Export/Import Laws. This software is subject to all export and +import laws and restrictions and regulations of the country in which +you receive the Covered Code and You are solely responsible for +ensuring that You do not export, re-export or import the Covered Code +or any direct product thereof in violation of any such restrictions, +laws or regulations, or without all necessary authorizations. + +12.8 Entire Agreement; Governing Law. This License constitutes the +entire agreement between the parties with respect to the subject +matter hereof. This License shall be governed by the laws of the +United States and the State of Washington. + +Where You are located in the province of Quebec, Canada, the following +clause applies: The parties hereby confirm that they have requested +that this License and all related documents be drafted in English. Les +parties ont exigé que le présent contrat et tous les documents +connexes soient rédigés en anglais. EXHIBIT A. -"Copyright © 1995-2002 RealNetworks, Inc. and/or its licensors. All Rights Reserved. - -The contents of this file, and the files included with this file, are subject to the current version of the RealNetworks Public Source License Version 1.0 (the "RPSL") available at https://www.helixcommunity.org/content/rpsl unless you have licensed the file under the RealNetworks Community Source License Version 1.0 (the "RCSL") available at https://www.helixcommunity.org/content/rcsl, in which case the RCSL will apply. You may also obtain the license terms directly from RealNetworks. You may not use this file except in compliance with the RPSL or, if you have a valid RCSL with RealNetworks applicable to this file, the RCSL. Please see the applicable RPSL or RCSL for the rights, obligations and limitations governing use of the contents of the file. - -This file is part of the Helix DNA Technology. RealNetworks is the developer of the Original code and owns the copyrights in the portions it created. - -This file, and the files included with this file, is distributed and made available on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND REALNETWORKS HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. +"Copyright © 1995-2002 RealNetworks, Inc. and/or its licensors. +All Rights Reserved. + +The contents of this file, and the files included with this file, are +subject to the current version of the RealNetworks Public Source +License Version 1.0 (the "RPSL") available at +https://www.helixcommunity.org/content/rpsl unless you have licensed +the file under the RealNetworks Community Source License Version 1.0 +(the "RCSL") available at https://www.helixcommunity.org/content/rcsl, +in which case the RCSL will apply. You may also obtain the license +terms directly from RealNetworks. You may not use this file except in +compliance with the RPSL or, if you have a valid RCSL with +RealNetworks applicable to this file, the RCSL. Please see the +applicable RPSL or RCSL for the rights, obligations and limitations +governing use of the contents of the file. + +This file is part of the Helix DNA Technology. RealNetworks is the +developer of the Original code and owns the copyrights in the portions +it created. + +This file, and the files included with this file, is distributed and +made available on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, +EITHER EXPRESS OR IMPLIED, AND REALNETWORKS HEREBY DISCLAIMS ALL SUCH +WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF +MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR +NON-INFRINGEMENT. Contributor(s): ____________________________________ -Technology Compatibility Kit Test Suite(s) Location (if licensed under the RCSL): +Technology Compatibility Kit Test Suite(s) Location (if licensed under +the RCSL): ________________________________" -Object Code Notice: Helix DNA Client technology included. Copyright © RealNetworks, Inc., 1995-2002. All rights reserved. +Object Code Notice: Helix DNA Client technology included. Copyright © +RealNetworks, Inc., 1995-2002. All rights reserved. EXHIBIT B -Compatible Source Licenses for the RealNetworks Public Source License. The following list applies to the most recent version of the license as of October 25, 2002, unless otherwise indicated. +Compatible Source Licenses for the RealNetworks Public Source +License. The following list applies to the most recent version of the +license as of October 25, 2002, unless otherwise indicated. Academic Free License Apache Software License @@ -137,10 +515,10 @@ Apple Public Source License Artistic license Attribution Assurance Licenses BSD license -Common Public License1 +Common Public License¹ Eiffel Forum License -GNU General Public License (GPL)1 -GNU Library or "Lesser" General Public License (LGPL)1 +GNU General Public License (GPL)¹ +GNU Library or "Lesser" General Public License (LGPL)¹ IBM Public License Intel Open Source License Jabber Open Source License @@ -161,14 +539,32 @@ W3C License X.Net License Zope Public License zlib/libpng license -1Note: because this license contains certain reciprocal licensing terms that purport to extend to independently developed code, You may be prohibited under the terms of this otherwise compatible license from using code licensed under its terms with Covered Code because Covered Code may only be licensed under the RealNetworks Public Source License. Any attempt to apply non RPSL license terms, including without limitation the GPL, to Covered Code is expressly forbidden. You are responsible for ensuring that Your use of Compatible Source Licensed code does not violate either the RPSL or the Compatible Source License. -The latest version of this list can be found at: https://www.helixcommunity.org/content/complicense +¹Note: because this license contains certain reciprocal licensing +terms that purport to extend to independently developed code, You may +be prohibited under the terms of this otherwise compatible license +from using code licensed under its terms with Covered Code because +Covered Code may only be licensed under the RealNetworks Public Source +License. Any attempt to apply non RPSL license terms, including +without limitation the GPL, to Covered Code is expressly +forbidden. You are responsible for ensuring that Your use of +Compatible Source Licensed code does not violate either the RPSL or +the Compatible Source License. + +The latest version of this list can be found at: +https://www.helixcommunity.org/content/complicense EXHIBIT C RealNetworks' Trademark policy. -RealNetworks defines the following trademarks collectively as "Licensor Trademarks": "RealNetworks", "RealPlayer", "RealJukebox", "RealSystem", "RealAudio", "RealVideo", "RealOne Player", "RealMedia", "Helix" or any other trademarks or trade names belonging to RealNetworks. +RealNetworks defines the following trademarks collectively as +"Licensor Trademarks": "RealNetworks", "RealPlayer", "RealJukebox", +"RealSystem", "RealAudio", "RealVideo", "RealOne Player", "RealMedia", +"Helix" or any other trademarks or trade names belonging to +RealNetworks. -RealNetworks "Licensor Trademark Policy" forbids any use of Licensor Trademarks except as permitted by and in strict compliance at all times with RealNetworks' third party trademark usage guidelines which are posted at www.realnetworks.com/info/helixlogo.html. +RealNetworks "Licensor Trademark Policy" forbids any use of Licensor +Trademarks except as permitted by and in strict compliance at all +times with RealNetworks' third party trademark usage guidelines which +are posted at www.realnetworks.com/info/helixlogo.html. diff --git a/common/RSCPL b/common/RSCPL index 1b210ce..56f32d4 100644 --- a/common/RSCPL +++ b/common/RSCPL @@ -3,132 +3,410 @@ Version 1.0 1. Definitions. -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. "Electronic Distribution Mechanism" means a website or any other mechanism generally accepted in the software development community for the electronic transfer of data. +1.3. "Electronic Distribution Mechanism" means a website or any other +mechanism generally accepted in the software development community for +the electronic transfer of data. -1.4. "Executable Code" means Governed Code in any form other than Source Code. +1.4. "Executable Code" means Governed Code in any form other than +Source Code. -1.5. "Governed Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof. +1.5. "Governed Code" means the Original Code or Modifications or the +combination of the Original Code and Modifications, in each case +including portions thereof. -1.6. "Larger Work" means a work which combines Governed Code or portions thereof with code not governed by the terms of this License. +1.6. "Larger Work" means a work which combines Governed Code or +portions thereof with code not governed by the terms of this License. -1.7. "Licensable" means 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. +1.7. "Licensable" means 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. "License" means this document. -1.9. "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Governed 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 the "Platform for Information Applications" Source Code as released under this License by RSV. - -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 the grantor of a license thereto. - -1.12. "RSV" means Ricoh Silicon Valley, Inc., a California corporation with offices at 2882 Sand Hill Road, Suite 115, Menlo Park, CA 94025-7022. - -1.13. "Source Code" means the preferred form of the Governed 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 Executable Code, or a list of source code differential comparisons against either the Original Code or another well known, available Governed 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. - -1.14. "You" 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 fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity. +1.9. "Modifications" means any addition to or deletion from the +substance or structure of either the Original Code or any previous +Modifications. When Governed 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 the "Platform for Information +Applications" Source Code as released under this License by RSV. + +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 the grantor of a license thereto. + +1.12. "RSV" means Ricoh Silicon Valley, Inc., a California corporation +with offices at 2882 Sand Hill Road, Suite 115, Menlo Park, CA +94025-7022. + +1.13. "Source Code" means the preferred form of the Governed 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 Executable Code, or a list of source +code differential comparisons against either the Original Code or +another well known, available Governed 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. + +1.14. "You" 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 fifty percent (50%) or more of the +outstanding shares or beneficial ownership of such entity. 2. Source Code License. -2.1. Grant from RSV. RSV hereby grants You a worldwide, royalty-free, non-exclusive license, subject to third party intellectual property claims: - -(a) to use, reproduce, modify, create derivative works of, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, or as part of a Larger Work; and - -(b) under Patent 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). - -2.2. Contributor Grant. Each Contributor hereby grants You a worldwide, royalty-free, non-exclusive license, subject to third party intellectual property claims: - -(a) to use, reproduce, modify, create derivative works of, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Governed Code 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: (i) Modifications made by that Contributor (or portions thereof); and (ii) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination). +2.1. Grant from RSV. RSV hereby grants You a worldwide, royalty-free, +non-exclusive license, subject to third party intellectual property +claims: + + (a) to use, reproduce, modify, create derivative works of, display, + perform, sublicense and distribute the Original Code (or portions + thereof) with or without Modifications, or as part of a Larger Work; + and + + (b) under Patent 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). + +2.2. Contributor Grant. Each Contributor hereby grants You a +worldwide, royalty-free, non-exclusive license, subject to third party +intellectual property claims: + + (a) to use, reproduce, modify, create derivative works of, display, + perform, sublicense and distribute the Modifications created by such + Contributor (or portions thereof) either on an unmodified basis, + with other Modifications, as Governed Code 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: (i) Modifications made by that Contributor (or + portions thereof); and (ii) the combination of Modifications made by + that Contributor with its Contributor Version (or portions of such + combination). 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 Governed 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 Code version or via an Electronic Distribution Mechanism to anyone to whom you made an Executable Code version available; and if made available via an 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 Governed Code to which you contribute to contain a file documenting the changes You made to create that Governed 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 RSV and including the name of RSV in (a) the Source Code, and (b) in any notice in an Executable Code version or related documentation in which You describe the origin or ownership of the Governed Code. +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 +Governed 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 Code version or via an Electronic Distribution Mechanism to +anyone to whom you made an Executable Code version available; and if +made available via an 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 Governed Code to +which you contribute to contain a file documenting the changes You +made to create that Governed 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 RSV and +including the name of RSV in (a) the Source Code, and (b) in any +notice in an Executable Code version or related documentation in which +You describe the origin or ownership of the Governed Code. 3.4. Intellectual Property Matters. -3.4.1. Third Party Claims. If You have knowledge that a party claims an intellectual property right in particular functionality or code (or its utilization under this License), you 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 you obtain such knowledge after You make Your Modification available as described in Section 3.2, You shall promptly modify the LEGAL file in all copies You make available thereafter and shall take other steps (such as notifying RSV and appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Governed Code that new knowledge has been obtained. In the event that You are a Contributor, You represent that, except as disclosed in the LEGAL file, your Modifications are your original creations and, to the best of your knowledge, no third party has any claim (including but not limited to intellectual property claims) relating to your Modifications. You represent that the LEGAL file includes complete details of any license or other restriction associated with any part of your Modifications. - -3.4.2. Contributor APIs. If Your Modification is an application programming interface and You own or control patents which are reasonably necessary to implement that API, you must also include this information in the LEGAL file. - -3.5. Required Notices. You must duplicate the notice in Exhibit A in each file of the Source Code, and this License in any documentation for the Source Code, where You describe recipients' rights relating to Governed Code. If You created one or more Modification(s), You may add your name as a Contributor to the notice described in Exhibit A. 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 file) where a user would be likely to look for such a notice. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Governed Code. However, You may do so only on Your own behalf, and not on behalf of RSV 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 RSV and every Contributor for any liability incurred by RSV or such Contributor as a result of warranty, support, indemnity or liability terms You offer. - -3.6. Distribution of Executable Code Versions. You may distribute Governed Code in Executable Code form only if the requirements of Section 3.1-3.5 have been met for that Governed Code, and if You include a prominent notice stating that the Source Code version of the Governed 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 Code version, related documentation or collateral in which You describe recipients' rights relating to the Governed Code. You may distribute the Executable Code version of Governed Code 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 Code 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 Code 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 RSV or any Contributor. You hereby agree to indemnify RSV and every Contributor for any liability incurred by RSV or such Contributor as a result of any such terms You offer. - -3.7. Larger Works. You may create a Larger Work by combining Governed 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 Governed Code. +3.4.1. Third Party Claims. If You have knowledge that a party claims +an intellectual property right in particular functionality or code (or +its utilization under this License), you 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 you obtain such knowledge after You make +Your Modification available as described in Section 3.2, You shall +promptly modify the LEGAL file in all copies You make available +thereafter and shall take other steps (such as notifying RSV and +appropriate mailing lists or newsgroups) reasonably calculated to +inform those who received the Governed Code that new knowledge has +been obtained. In the event that You are a Contributor, You represent +that, except as disclosed in the LEGAL file, your Modifications are +your original creations and, to the best of your knowledge, no third +party has any claim (including but not limited to intellectual +property claims) relating to your Modifications. You represent that +the LEGAL file includes complete details of any license or other +restriction associated with any part of your Modifications. + +3.4.2. Contributor APIs. If Your Modification is an application +programming interface and You own or control patents which are +reasonably necessary to implement that API, you must also include this +information in the LEGAL file. + +3.5. Required Notices. You must duplicate the notice in Exhibit A in +each file of the Source Code, and this License in any documentation +for the Source Code, where You describe recipients' rights relating to +Governed Code. If You created one or more Modification(s), You may add +your name as a Contributor to the notice described in Exhibit A. 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 file) where a user would be likely to +look for such a notice. You may choose to offer, and to charge a fee +for, warranty, support, indemnity or liability obligations to one or +more recipients of Governed Code. However, You may do so only on Your +own behalf, and not on behalf of RSV 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 RSV and every Contributor for any liability incurred by RSV +or such Contributor as a result of warranty, support, indemnity or +liability terms You offer. + +3.6. Distribution of Executable Code Versions. You may distribute +Governed Code in Executable Code form only if the requirements of +Section 3.1-3.5 have been met for that Governed Code, and if You +include a prominent notice stating that the Source Code version of the +Governed 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 Code version, related documentation or collateral in +which You describe recipients' rights relating to the Governed +Code. You may distribute the Executable Code version of Governed Code +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 Code 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 Code 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 RSV or any Contributor. You +hereby agree to indemnify RSV and every Contributor for any liability +incurred by RSV or such Contributor as a result of any such terms You +offer. + +3.7. Larger Works. You may create a Larger Work by combining Governed +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 +Governed Code. 4. Inability to Comply Due to Statute or Regulation. -If it is impossible for You to comply with any of theterms of this License with respect to some or all of the Governed Code due to statute 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 theterms of this +License with respect to some or all of the Governed Code due to +statute 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. Trademark Usage. -5.1. Advertising Materials. All advertising materials mentioning features or use of the Governed Code must display the following acknowledgement: "This product includes software developed by Ricoh Silicon Valley, Inc." +5.1. Advertising Materials. All advertising materials mentioning +features or use of the Governed Code must display the following +acknowledgement: "This product includes software developed by Ricoh +Silicon Valley, Inc." -5.2. Endorsements. The names "Ricoh," "Ricoh Silicon Valley," and "RSV" must not be used to endorse or promote Contributor Versions or Larger Works without the prior written permission of RSV. +5.2. Endorsements. The names "Ricoh," "Ricoh Silicon Valley," and +"RSV" must not be used to endorse or promote Contributor Versions or +Larger Works without the prior written permission of RSV. -5.3. Product Names. Contributor Versions and Larger Works may not be called "Ricoh" nor may the word "Ricoh" appear in their names without the prior written permission of RSV. +5.3. Product Names. Contributor Versions and Larger Works may not be +called "Ricoh" nor may the word "Ricoh" appear in their names without +the prior written permission of RSV. 6. Versions of the License. -6.1. New Versions. RSV may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number. +6.1. New Versions. RSV 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 Governed 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 Governed Code under the terms of any subsequent version of the License published by RSV. No one other than RSV has the right to modify the terms applicable to Governed Code created under this License. +6.2. Effect of New Versions. Once Governed 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 Governed Code under the terms of any subsequent version of the +License published by RSV. No one other than RSV has the right to +modify the terms applicable to Governed Code created under this +License. 7. Disclaimer of Warranty. -GOVERNED 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 GOVERNED 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 GOVERNED CODE IS WITH YOU. SHOULD ANY GOVERNED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT RSV 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 GOVERNED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. +GOVERNED 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 GOVERNED 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 GOVERNED CODE IS WITH YOU. SHOULD ANY GOVERNED CODE PROVE +DEFECTIVE IN ANY RESPECT, YOU (NOT RSV 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 GOVERNED 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 Governed 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 patent infringement litigation against RSV or a Contributor (RSV or the Contributor against whom You file such action is referred to as "Participant") alleging that: - -(a) such Participant's Original Code or 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 the Original Code or the Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Original Code or 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 provided to You by the Participant, other than such Participant's Original Code or 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, Original Code or the Modifications made by that Participant. - -8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Original Code or 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 Governed 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 patent infringement litigation against RSV or a +Contributor (RSV or the Contributor against whom You file such action +is referred to as "Participant") alleging that: + + (a) such Participant's Original Code or 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 the Original Code + or the Modifications made by such Participant, or (ii) withdraw Your + litigation claim with respect to the Original Code or 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 provided to You by the + Participant, other than such Participant's Original Code or + 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, Original Code or the + Modifications made by that Participant. + +8.3. If You assert a patent infringement claim against Participant +alleging that such Participant's Original Code or 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 RSV, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF GOVERNED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, 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 THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY EXCLUSION OF DAMAGES ABOVE IS NOT VALID, YOU AGREE THAT IN NO EVENT WILL RSVS LIABILITY UNDER OR RELATED TO THIS AGREEMENT EXCEED FIVE THOUSAND DOLLARS ($5,000). THE GOVERNED CODE IS NOT INTENDED FOR USE IN CONNECTION WITH ANY NUCLER, AVIATION, MASS TRANSIT OR MEDICAL APPLICATION OR ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE OR MASS DESTRUCTION, AND YOU AGREE THAT NEITHER RSV NOR ANY CONTRIBUTOR SHALL HAVE ANY LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE GOVERNED CODE. +UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT +(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL RSV, ANY +CONTRIBUTOR, OR ANY DISTRIBUTOR OF GOVERNED CODE, OR ANY SUPPLIER OF +ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY +DIRECT, 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 +THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT +ANY EXCLUSION OF DAMAGES ABOVE IS NOT VALID, YOU AGREE THAT IN NO +EVENT WILL RSVS LIABILITY UNDER OR RELATED TO THIS AGREEMENT EXCEED +FIVE THOUSAND DOLLARS ($5,000). THE GOVERNED CODE IS NOT INTENDED FOR +USE IN CONNECTION WITH ANY NUCLER, AVIATION, MASS TRANSIT OR MEDICAL +APPLICATION OR ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD +RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE OR MASS +DESTRUCTION, AND YOU AGREE THAT NEITHER RSV NOR ANY CONTRIBUTOR SHALL +HAVE ANY LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE +GOVERNED CODE. 10. U.S. Government End Users. -The Governed 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 Governed Code with only those rights set forth herein. +The Governed 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 Governed 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. The parties submit to personal jurisdiction in California and further agree that any cause of action arising under or related to this Agreement shall be brought in the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California. The losing party shall be responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. Notwithstanding anything to the contrary herein, RSV may seek injunctive relief related to a breach of this Agreement in any court of competent jurisdiction. 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. The parties submit to personal jurisdiction in California +and further agree that any cause of action arising under or related to +this Agreement shall be brought in the Federal Courts of the Northern +District of California, with venue lying in Santa Clara County, +California. The losing party shall be responsible for costs, including +without limitation, court costs and reasonable attorneys fees and +expenses. Notwithstanding anything to the contrary herein, RSV may +seek injunctive relief related to a breach of this Agreement in any +court of competent jurisdiction. 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. -Except in cases where another Contributor has failed to comply with Section 3.4, You are responsible for damages arising, directly or indirectly, out of Your utilization of rights under this License, based on the number of copies of Governed Code you made available, the revenues you received from utilizing such rights, and other relevant factors. You agree to work with affected parties to distribute responsibility on an equitable basis. +Except in cases where another Contributor has failed to comply with +Section 3.4, You are responsible for damages arising, directly or +indirectly, out of Your utilization of rights under this License, +based on the number of copies of Governed Code you made available, the +revenues you received from utilizing such rights, and other relevant +factors. You agree to work with affected parties to distribute +responsibility on an equitable basis. EXHIBIT A -"The contents of this file are subject to the Ricoh Source Code Public License Version 1.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.risource.org/RPL +"The contents of this file are subject to the Ricoh Source Code Public +License Version 1.0 (the "License"); you may not use this file except +in compliance with the License. You may obtain a copy of the License +at http://www.risource.org/RPL -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. +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. -This code was initially developed by Ricoh Silicon Valley, Inc. Portions created by Ricoh Silicon Valley, Inc. are Copyright (C) 1995-1999. All Rights Reserved. +This code was initially developed by Ricoh Silicon Valley, +Inc. Portions created by Ricoh Silicon Valley, Inc. are Copyright (C) +1995-1999. All Rights Reserved. Contributor(s): ______________________________________." diff --git a/common/SISSL1.0 b/common/SISSL1.0 index a3cc0b1..035ebcc 100644 --- a/common/SISSL1.0 +++ b/common/SISSL1.0 @@ -2,98 +2,271 @@ Sun Industry Standards Source License (SISSL) 1.0 DEFINITIONS -1.1 "Commercial Use" means distribution or otherwise making the Original Code available to a third party. +1.1 "Commercial Use" means distribution or otherwise making the +Original Code available to a third party. -1.2 "Contributor Version" means the combination of the Original Code, and the Modifications made by that particular Contributor. +1.2 "Contributor Version" means the combination of the Original Code, +and the Modifications made by that particular Contributor. -1.3 "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data. +1.3 "Electronic Distribution Mechanism" means a mechanism generally +accepted in the software development community for the electronic +transfer of data. -1.4 "Executable" means Original Code in any form other than Source Code. +1.4 "Executable" means Original Code in any form other than Source +Code. -1.5 "Initial Developer" means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A. +1.5 "Initial Developer" means the individual or entity identified as +the Initial Developer in the Source Code notice required by Exhibit A. -1.6 "Larger Work" means a work which combines Original Code or portions thereof with code not governed by the terms of this License. +1.6 "Larger Work" means a work which combines Original Code 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 any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. A Modification is: +1.9 "Modifications" means any addition to or deletion from the +substance or structure of either the Original Code or any previous +Modifications. 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. + A. Any addition to or deletion from the contents of a file + containing 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. -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. + B. Any new file that contains any part of the Original Code or + previous Modifications. -1.12 "Source Code" means the preferred form of the Original Code for making modifications to it, including all modules it contains, plus any associated interface definition files, or scripts used to control compilation and installation of an Executable. +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. -1.13 "Standards" means the standards identified in Exhibit B. - -1.14 "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. +1.11 "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. -2.0 SOURCE CODE LICENSE +1.12 "Source Code" means the preferred form of the Original Code for +making modifications to it, including all modules it contains, plus +any associated interface definition files, or scripts used to control +compilation and installation of an Executable. -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: +1.13 "Standards" means the standards identified in Exhibit B. -(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). +1.14 "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. -(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. +2.0 SOURCE CODE 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, including but not limited to Modifications. +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, including but not + limited to Modifications. 3.0 DISTRIBUTION OBLIGATIONS -3.1 Application of License. -The Source Code version of Original 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. Your license for shipment of the Contributor Version is conditioned upon Your full compliance with this Section. The Modifications which You create must comply with all requirements set out by the Standards body in effect one hundred twenty (120) days before You ship the Contributor Version. In the event that the Modifications do not meet such requirements, You agree to publish either (i) any deviation from the Standards protocol resulting from implementation of Your Modifications and a reference implementation of Your Modifications or (ii) Your Modifications in Source Code form, and to make any such deviation and reference implementation or Modifications available to all third parties under the same terms as this license on a royalty free basis within thirty (30) days of Your first customer shipment of Your Modifications. - -3.2 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 Initial Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Your version of the Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer. 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 for any liability incurred by the Initial Developer as a result of warranty, support, indemnity or liability terms You offer. - -3.3 Distribution of Executable Versions. -You may distribute Original Code in Executable and Source form only if the requirements of Sections 3.1 and 3.2 have been met for that Original Code, and if You include a notice stating that the Source Code version of the Original Code is available under the terms of this License. The notice must be conspicuously included in any notice in an Executable or Source versions, related documentation or collateral in which You describe recipients' rights relating to the Original Code. You may distribute the Executable and Source versions of Your version of the 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. If You distribute the Executable and Source versions 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. You hereby agree to indemnify the Initial Developer for any liability incurred by the Initial Developer as a result of any such terms You offer. - -3.4 Larger Works. -You may create a Larger Work by combining Original 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 Original Code. +3.1 Application of License. +The Source Code version of Original 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. Your license for shipment of the Contributor Version is +conditioned upon Your full compliance with this Section. The +Modifications which You create must comply with all requirements set +out by the Standards body in effect one hundred twenty (120) days +before You ship the Contributor Version. In the event that the +Modifications do not meet such requirements, You agree to publish +either (i) any deviation from the Standards protocol resulting from +implementation of Your Modifications and a reference implementation of +Your Modifications or (ii) Your Modifications in Source Code form, and +to make any such deviation and reference implementation or +Modifications available to all third parties under the same terms as +this license on a royalty free basis within thirty (30) days of Your +first customer shipment of Your Modifications. + +3.2 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 Initial Code. You may choose to offer, and to +charge a fee for, warranty, support, indemnity or liability +obligations to one or more recipients of Your version of the +Code. However, You may do so only on Your own behalf, and not on +behalf of the Initial Developer. 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 for any liability incurred by the Initial Developer as a +result of warranty, support, indemnity or liability terms You offer. + +3.3 Distribution of Executable Versions. +You may distribute Original Code in Executable and Source form only if +the requirements of Sections 3.1 and 3.2 have been met for that +Original Code, and if You include a notice stating that the Source +Code version of the Original Code is available under the terms of this +License. The notice must be conspicuously included in any notice in an +Executable or Source versions, related documentation or collateral in +which You describe recipients' rights relating to the Original +Code. You may distribute the Executable and Source versions of Your +version of the 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. If You +distribute the Executable and Source versions 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. You hereby agree to indemnify the Initial Developer for any +liability incurred by the Initial Developer as a result of any such +terms You offer. + +3.4 Larger Works. +You may create a Larger Work by combining Original 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 Original Code. 4.0 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 Original 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 3.2 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 Original 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 3.2 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. 5.0 APPLICATION OF THIS LICENSE -This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Modifications as set out in Section 3.1. +This License applies to code to which the Initial Developer has +attached the notice in Exhibit A and to related Modifications as set +out in Section 3.1. 6.0 VERSIONS OF THE LICENSE -6.1 New Versions. -Sun may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number. +6.1 New Versions. +Sun 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 Original 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 Original Code under the terms of any subsequent version of the License published by Sun. No one other than Sun has the right to modify the terms applicable to Original Code. +6.2 Effect of New Versions. +Once Original 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 Original Code under the terms +of any subsequent version of the License published by Sun. No one +other than Sun has the right to modify the terms applicable to +Original Code. 7.0 DISCLAIMER OF WARRANTY -ORIGINAL 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 ORIGINAL 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 ORIGINAL CODE IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER) 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 ORIGINAL CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. +ORIGINAL 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 ORIGINAL 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 ORIGINAL CODE IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE +DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER) 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 ORIGINAL CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS +DISCLAIMER. 8.0 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 Original 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. +8.1 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 Original 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 In the event of termination under Section 8.1 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. +8.2 In the event of termination under Section 8.1 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. 9.0 LIMIT 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 ORIGINAL 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, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF ORIGINAL 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. 10.0 U.S. GOVERNMENT END USERS -U.S. Government: If this Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in the Software and accompanying documentation shall be only as set forth in this license; this is in accordance with 48 C.F.R. 227.7201 through 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions). +U.S. Government: If this Software is being acquired by or on behalf of +the U.S. Government or by a U.S. Government prime contractor or +subcontractor (at any tier), then the Government's rights in the +Software and accompanying documentation shall be only as set forth in +this license; this is in accordance with 48 C.F.R. 227.7201 through +227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48 +C.F.R. 2.101 and 12.212 (for non-DoD acquisitions). 11.0 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. EXHIBIT A - Sun Standards License diff --git a/common/SISSL1.1 b/common/SISSL1.1 index 4eb6881..e65003a 100644 --- a/common/SISSL1.1 +++ b/common/SISSL1.1 @@ -2,98 +2,271 @@ Sun Industry Standards Source License - Version 1.1 1.0 DEFINITIONS -1.1 "Commercial Use" means distribution or otherwise making the Original Code available to a third party. +1.1 "Commercial Use" means distribution or otherwise making the +Original Code available to a third party. -1.2 "Contributor Version" means the combination of the Original Code, and the Modifications made by that particular Contributor. +1.2 "Contributor Version" means the combination of the Original Code, +and the Modifications made by that particular Contributor. -1.3 "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data. +1.3 "Electronic Distribution Mechanism" means a mechanism generally +accepted in the software development community for the electronic +transfer of data. -1.4 "Executable" means Original Code in any form other than Source Code. +1.4 "Executable" means Original Code in any form other than Source +Code. -1.5 "Initial Developer" means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A. +1.5 "Initial Developer" means the individual or entity identified as +the Initial Developer in the Source Code notice required by Exhibit A. -1.6 "Larger Work" means a work which combines Original Code or portions thereof with code not governed by the terms of this License. +1.6 "Larger Work" means a work which combines Original Code 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 any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. A Modification is: +1.9 "Modifications" means any addition to or deletion from the +substance or structure of either the Original Code or any previous +Modifications. 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. + A. Any addition to or deletion from the contents of a file + containing 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. -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. + B. Any new file that contains any part of the Original Code or + previous Modifications. -1.12 "Source Code" means the preferred form of the Original Code for making modifications to it, including all modules it contains, plus any associated interface definition files, or scripts used to control compilation and installation of an Executable. +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. -1.13 "Standards" means the standards identified in Exhibit B. - -1.14 "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. +1.11 "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. -2.0 SOURCE CODE LICENSE +1.12 "Source Code" means the preferred form of the Original Code for +making modifications to it, including all modules it contains, plus +any associated interface definition files, or scripts used to control +compilation and installation of an Executable. -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: +1.13 "Standards" means the standards identified in Exhibit B. -(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). +1.14 "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. -(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. +2.0 SOURCE CODE 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, including but not limited to Modifications. +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, including but not + limited to Modifications. 3.0 DISTRIBUTION OBLIGATIONS -3.1 Application of License. -The Source Code version of Original 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. Your license for shipment of the Contributor Version is conditioned upon Your full compliance with this Section. The Modifications which You create must comply with all requirements set out by the Standards body in effect one hundred twenty (120) days before You ship the Contributor Version. In the event that the Modifications do not meet such requirements, You agree to publish either (i) any deviation from the Standards protocol resulting from implementation of Your Modifications and a reference implementation of Your Modifications or (ii) Your Modifications in Source Code form, and to make any such deviation and reference implementation or Modifications available to all third parties under the same terms as this license on a royalty free basis within thirty (30) days of Your first customer shipment of Your Modifications. - -3.2 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 Initial Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Your version of the Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer. 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 for any liability incurred by the Initial Developer as a result of warranty, support, indemnity or liability terms You offer. - -3.3 Distribution of Executable Versions. -You may distribute Original Code in Executable and Source form only if the requirements of Sections 3.1 and 3.2 have been met for that Original Code, and if You include a notice stating that the Source Code version of the Original Code is available under the terms of this License. The notice must be conspicuously included in any notice in an Executable or Source versions, related documentation or collateral in which You describe recipients' rights relating to the Original Code. You may distribute the Executable and Source versions of Your version of the 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. If You distribute the Executable and Source versions 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. You hereby agree to indemnify the Initial Developer for any liability incurred by the Initial Developer as a result of any such terms You offer. - -3.4 Larger Works. -You may create a Larger Work by combining Original 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 Original Code. +3.1 Application of License. +The Source Code version of Original 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. Your license for shipment of the Contributor Version is +conditioned upon Your full compliance with this Section. The +Modifications which You create must comply with all requirements set +out by the Standards body in effect one hundred twenty (120) days +before You ship the Contributor Version. In the event that the +Modifications do not meet such requirements, You agree to publish +either (i) any deviation from the Standards protocol resulting from +implementation of Your Modifications and a reference implementation of +Your Modifications or (ii) Your Modifications in Source Code form, and +to make any such deviation and reference implementation or +Modifications available to all third parties under the same terms as +this license on a royalty free basis within thirty (30) days of Your +first customer shipment of Your Modifications. + +3.2 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 Initial Code. You may choose to offer, and to +charge a fee for, warranty, support, indemnity or liability +obligations to one or more recipients of Your version of the +Code. However, You may do so only on Your own behalf, and not on +behalf of the Initial Developer. 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 for any liability incurred by the Initial Developer as a +result of warranty, support, indemnity or liability terms You offer. + +3.3 Distribution of Executable Versions. +You may distribute Original Code in Executable and Source form only if +the requirements of Sections 3.1 and 3.2 have been met for that +Original Code, and if You include a notice stating that the Source +Code version of the Original Code is available under the terms of this +License. The notice must be conspicuously included in any notice in an +Executable or Source versions, related documentation or collateral in +which You describe recipients' rights relating to the Original +Code. You may distribute the Executable and Source versions of Your +version of the 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. If You +distribute the Executable and Source versions 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. You hereby agree to indemnify the Initial Developer for any +liability incurred by the Initial Developer as a result of any such +terms You offer. + +3.4 Larger Works. +You may create a Larger Work by combining Original 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 Original Code. 4.0 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 Original 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 3.2 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 Original 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 3.2 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. 5.0 APPLICATION OF THIS LICENSE -This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Modifications as set out in Section 3.1. +This License applies to code to which the Initial Developer has +attached the notice in Exhibit A and to related Modifications as set +out in Section 3.1. 6.0 VERSIONS OF THE LICENSE -6.1 New Versions. -Sun may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number. +6.1 New Versions. +Sun 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 Original 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 Original Code under the terms of any subsequent version of the License published by Sun. No one other than Sun has the right to modify the terms applicable to Original Code. +6.2 Effect of New Versions. +Once Original 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 Original Code under the terms +of any subsequent version of the License published by Sun. No one +other than Sun has the right to modify the terms applicable to +Original Code. 7.0 DISCLAIMER OF WARRANTY -ORIGINAL 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 ORIGINAL 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 ORIGINAL CODE IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER) 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 ORIGINAL CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. +ORIGINAL 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 ORIGINAL 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 ORIGINAL CODE IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE +DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER) 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 ORIGINAL CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS +DISCLAIMER. 8.0 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 Original 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. +8.1 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 Original 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 In the event of termination under Section 8.1 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. +8.2 In the event of termination under Section 8.1 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. 9.0 LIMIT 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 ORIGINAL 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, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF ORIGINAL 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. 10.0 U.S. GOVERNMENT END USERS -U.S. Government: If this Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in the Software and accompanying documentation shall be only as set forth in this license; this is in accordance with 48 C.F.R. 227.7201 through 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions). +U.S. Government: If this Software is being acquired by or on behalf of +the U.S. Government or by a U.S. Government prime contractor or +subcontractor (at any tier), then the Government's rights in the +Software and accompanying documentation shall be only as set forth in +this license; this is in accordance with 48 C.F.R. 227.7201 through +227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48 +C.F.R. 2.101 and 12.212 (for non-DoD acquisitions). 11.0 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. EXHIBIT A - Sun Standards License diff --git a/common/SISSL1.2 b/common/SISSL1.2 index 3e8a469..5501926 100644 --- a/common/SISSL1.2 +++ b/common/SISSL1.2 @@ -1,94 +1,233 @@ SUN INDUSTRY STANDARDS SOURCE LICENSE Version 1.2 -1.0 DEFINITIONS +1.0 DEFINITIONS -1.1 Commercial Use means distribution or otherwise making the Original Code available to a third party. +1.1 Commercial Use means distribution or otherwise making the Original +Code available to a third party. -1.2 Contributor Version means the combination of the Original Code, and the Modifications made by that particular Contributor. +1.2 Contributor Version means the combination of the Original Code, +and the Modifications made by that particular Contributor. -1.3 Electronic Distribution Mechanism means a mechanism generally accepted in the software development community for the electronic transfer of data. +1.3 Electronic Distribution Mechanism means a mechanism generally +accepted in the software development community for the electronic +transfer of data. -1.4 Executable means Original Code in any form other than Source Code. +1.4 Executable means Original Code in any form other than Source Code. -1.5 Initial Developer means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A. +1.5 Initial Developer means the individual or entity identified as the +Initial Developer in the Source Code notice required by Exhibit A. -1.6 Larger Work means a work which combines Original Code or portions thereof with code not governed by the terms of this License. +1.6 Larger Work means a work which combines Original Code or portions +thereof with code not governed by the terms of this License. -1.7 License means this document. +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 any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. A Modification is: +1.9 Modifications means any addition to or deletion from the substance +or structure of either the Original Code or any previous +Modifications. A Modification is: -A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications. + 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. + 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. +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. -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 the preferred form of the Original Code for making modifications to it, including all modules it contains, plus any associated interface definition files, or scripts used to control compilation and installation of an Executable. +1.12 Source Code means the preferred form of the Original Code for +making modifications to it, including all modules it contains, plus +any associated interface definition files, or scripts used to control +compilation and installation of an Executable. 1.13 Standards means the standards identified in Exhibit B. -1.14 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. +1.14 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. 2.0 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 +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: -(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). + (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 -(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. + (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). -(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, including but not limited to Modifications. + (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, including but not + limited to Modifications. 3.0 DISTRIBUTION OBLIGATIONS 3.1 Application of License. -The Source Code version of Original 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. Your license for shipment of the Contributor Version is conditioned upon Your full compliance with this Section. The Modifications which You create must comply with all requirements set out by the Standards body in effect one hundred twenty (120) days before You ship the Contributor Version. In the event that the Modifications do not meet such requirements, You agree to publish either (i) any deviation from the Standards protocol resulting from implementation of Your Modifications and a reference implementation of Your Modifications or (ii) Your Modifications in Source Code form, and to make any such deviation and reference implementation or Modifications available to all third parties under the same terms a this license on a royalty free basis within thirty (30) days of Your first customer shipment of Your Modifications. Additionally, in the event that the Modifications you create do not meet the requirements set out in this Section, You agree to comply with the Standards requirements set out in Exhibit B. - -3.2 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 Initial Code. -You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Your version of the Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer. 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 for any liability incurred by the Initial Developer as a result of warranty, support, indemnity or liability terms You offer. - -3.3 Distribution of Executable Versions. You may distribute Original Code in Executable and Source form only if the requirements of Sections 3.1 and 3.2 have been met for that Original Code, and if You include a notice stating that the Source Code version of the Original Code is available under the terms of this License. The notice must be conspicuously included in any notice in an Executable or Source versions, related documentation or collateral in which You describe recipients rights relating to the Original Code. You may distribute the Executable and Source versions of Your version of the 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. If You distribute the Executable and Source versions 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. You hereby agree to indemnify the Initial Developer for any liability incurred by the Initial Developer as a result of any such terms You offer. - -3.4 Larger Works. You may create a Larger Work by combining Original 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 Original Code. +The Source Code version of Original 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. Your license for shipment of the Contributor Version is +conditioned upon Your full compliance with this Section. The +Modifications which You create must comply with all requirements set +out by the Standards body in effect one hundred twenty (120) days +before You ship the Contributor Version. In the event that the +Modifications do not meet such requirements, You agree to publish +either (i) any deviation from the Standards protocol resulting from +implementation of Your Modifications and a reference implementation of +Your Modifications or (ii) Your Modifications in Source Code form, and +to make any such deviation and reference implementation or +Modifications available to all third parties under the same terms a +this license on a royalty free basis within thirty (30) days of Your +first customer shipment of Your Modifications. Additionally, in the +event that the Modifications you create do not meet the requirements +set out in this Section, You agree to comply with the Standards +requirements set out in Exhibit B. + +3.2 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 Initial Code. + +You may choose to offer, and to charge a fee for, warranty, support, +indemnity or liability obligations to one or more recipients of Your +version of the Code. However, You may do so only on Your own behalf, +and not on behalf of the Initial Developer. 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 for any liability incurred by the +Initial Developer as a result of warranty, support, indemnity or +liability terms You offer. + +3.3 Distribution of Executable Versions. You may distribute Original +Code in Executable and Source form only if the requirements of +Sections 3.1 and 3.2 have been met for that Original Code, and if You +include a notice stating that the Source Code version of the Original +Code is available under the terms of this License. The notice must be +conspicuously included in any notice in an Executable or Source +versions, related documentation or collateral in which You describe +recipients rights relating to the Original Code. You may distribute +the Executable and Source versions of Your version of the 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. If You distribute the Executable and +Source versions 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. You hereby agree to indemnify the +Initial Developer for any liability incurred by the Initial Developer +as a result of any such terms You offer. + +3.4 Larger Works. You may create a Larger Work by combining Original +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 +Original Code. 4.0 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 Original 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 3.2 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 Original 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 3.2 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. 5.0 APPLICATION OF THIS LICENSE -This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Modifications as set out in Section 3.1. +This License applies to code to which the Initial Developer has +attached the notice in Exhibit A and to related Modifications as set +out in Section 3.1. 6.0 VERSIONS OF THE LICENSE -6.1 New Versions. Sun may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number. +6.1 New Versions. Sun 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 Original 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 Original Code under the terms of any subsequent version of the License published by Sun. No one other than Sun has the right to modify the terms applicable to Original Code. +6.2 Effect of New Versions. Once Original 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 Original Code under the terms of any subsequent version of the +License published by Sun. No one other than Sun has the right to +modify the terms applicable to Original Code. 7.0 DISCLAIMER OF WARRANTY -ORIGINAL 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 ORIGINAL 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 ORIGINAL CODE IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER) 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 ORIGINAL CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. +ORIGINAL 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 ORIGINAL 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 ORIGINAL CODE IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE +DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER) 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 ORIGINAL CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS +DISCLAIMER. 8.0 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 Original 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 In the event of termination under Section 8.1 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 Original 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 In the event of termination under Section 8.1 +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. EXHIBIT A - Sun Industry Standards Source License @@ -123,10 +262,19 @@ Copyright (C) 2001 Sun Microsystems, Inc." EXHIBIT B - Standards -1.0 Requirements for project Standards. The requirements for project Standards are version-dependent and are defined at: Grid Engine standards. +1.0 Requirements for project Standards. The requirements for project +Standards are version-dependent and are defined at: Grid Engine +standards. + +2.0 Additional requirements. The additional requirements pursuant to +Section 3.1 are defined as: -2.0 Additional requirements. The additional requirements pursuant to Section 3.1 are defined as: -2.1 Naming Conventions. If any of your Modifications do not meet the requirements of the Standard, then you must change the product name so that Grid Engine, gridengine, gridengine.sunsource, and similar naming conventions are not used. +2.1 Naming Conventions. If any of your Modifications do not meet the +requirements of the Standard, then you must change the product name so +that Grid Engine, gridengine, gridengine.sunsource, and similar naming +conventions are not used. -2.2 Compliance Claims. If any of your Modifications do not meet the requirements of the Standards you may not claim, directly or indirectly, that your implementation of the Standards is compliant. +2.2 Compliance Claims. If any of your Modifications do not meet the +requirements of the Standards you may not claim, directly or +indirectly, that your implementation of the Standards is compliant. @@ -1,159 +1,444 @@ SUN PUBLIC LICENSE Version 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 and corresponding documentation released with the source code. +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 and corresponding documentation released +with the source code. -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. +1.5. "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 documentation, 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 documentation, 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: +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 + (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 Patent 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). + (b) under Patent 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. + (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. + (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. +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. +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. +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. +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. +(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 ("API"../) 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. +If Contributor's Modifications include an application programming +interface ("API"../) 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 +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. +You must duplicate the notice in Exhibit A in each file of the Source +Code. If it is not possible to put such notice in a particular Source +Code file due to its structure, then You must include such notice in a +location (such as a relevant directory) where a user would be likely +to look for such a notice. If You created one or more Modification(s) +You may add your name as a Contributor to the notice described in +Exhibit A. You must also duplicate this License in any documentation +for the Source Code where You describe recipients' rights or ownership +rights relating to Covered Code. You may choose to offer, and to +charge a fee for, warranty, support, indemnity or liability +obligations to one or more recipients of Covered Code. However, You +may do so only on Your own behalf, and not on behalf of the Initial +Developer or any Contributor. You must make it absolutely clear than +any such warranty, support, indemnity or liability obligation is +offered by You alone, and You hereby agree to indemnify the Initial +Developer and every Contributor for any liability incurred by the +Initial Developer or such Contributor as a result of warranty, +support, indemnity or liability terms You offer. 3.6. Distribution of Executable Versions. -You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer. +You may distribute Covered Code in Executable form only if the +requirements of Section 3.1-3.5 have been met for that Covered Code, +and if You include a notice stating that the Source Code version of +the Covered Code is available under the terms of this License, +including a description of how and where You have fulfilled the +obligations of Section 3.2. The notice must be conspicuously included +in any notice in an Executable version, related documentation or +collateral in which You describe recipients' rights relating to the +Covered Code. You may distribute the Executable version of Covered +Code or ownership rights under a license of Your choice, which may +contain terms different from this License, provided that You are in +compliance with the terms of this License and that the license for the +Executable version does not attempt to limit or alter the recipient's +rights in the Source Code version from the rights set forth in this +License. If You distribute the Executable version under a different +license You must make it absolutely clear that any terms which differ +from this License are offered by You alone, not by the Initial +Developer or any Contributor. You hereby agree to indemnify the +Initial Developer and every Contributor for any liability incurred by +the Initial Developer or such Contributor as a result of any such +terms You offer. 3.7. Larger Works. -You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code. +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. Sun Microsystems, Inc. ("Sun") may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number. +6.1. New Versions. Sun Microsystems, Inc. ("Sun") 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 Sun. No one other than Sun 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 Sun. No one +other than Sun 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 "Sun," "Sun Public License," or "SPL"../ 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 Sun Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.) +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 "Sun," "Sun Public License," or "SPL"../ 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 Sun Public License. (Filling in the name of the +Initial Developer, Original Code or Contributor in the notice +described in Exhibit A shall not of themselves be deemed to be +modifications of this License.) 7. DISCLAIMER OF WARRANTY. -COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "../AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. +COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "../AS IS'' BASIS, +WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, +WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF +DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR +NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF +THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE +IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER +CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR +CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART +OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER +EXCEPT UNDER THIS DISCLAIMER. 8. TERMINATION. -8.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive. - -8.2. If You initiate litigation by asserting a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that: - -(a) such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above. - -(b) any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant. - -8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license. - -8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination. +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 declaratory judgment actions) against Initial +Developer or a Contributor (the Initial Developer or Contributor +against whom You file such action is referred to as "Participant") +alleging that: + + (a) such Participant's Contributor Version directly or indirectly + infringes any patent, then any and all rights granted by such + Participant to You under Sections 2.1 and/or 2.2 of this License + shall, upon 60 days notice from Participant terminate prospectively, + unless if within 60 days after receipt of notice You either: (i) + agree in writing to pay Participant a mutually agreeable reasonable + royalty for Your past and future use of Modifications made by such + Participant, or (ii) withdraw Your litigation claim with respect to + the Contributor Version against such Participant. If within 60 days + of notice, a reasonable royalty and payment arrangement are not + mutually agreed upon in writing by the parties or the litigation + claim is not withdrawn, the rights granted by Participant to You + under Sections 2.1 and/or 2.2 automatically terminate at the + expiration of the 60 day notice period specified above. + + (b) any software, hardware, or device, other than such Participant's + Contributor Version, directly or indirectly infringes any patent, + then any rights granted to You by such Participant under Sections + 2.1(b) and 2.2(b) are revoked effective as of the date You first + made, used, sold, distributed, or had made, Modifications made by + that Participant. + +8.3. If You assert a patent infringement claim against Participant +alleging that such Participant's Contributor Version directly or +indirectly infringes any patent where such claim is resolved (such as +by license or settlement) prior to the initiation of patent +infringement litigation, then the reasonable value of the licenses +granted by such Participant under Sections 2.1 or 2.2 shall be taken +into account in determining the amount or value of any payment or +license. + +8.4. In the event of termination under Sections 8.1 or 8.2 above, all +end user license agreements (excluding distributors and resellers) +which have been validly granted by You or any distributor hereunder +prior to termination shall survive termination. 9. LIMITATION OF LIABILITY. -UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. +UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT +(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL +DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, +OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR +ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY +CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, +WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER +COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN +INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF +LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY +RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW +PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE +EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO +THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 10. U.S. GOVERNMENT END USERS. -The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation,"../ as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein. +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 and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability. - -13. MULTIPLE-LICENSED CODE. Initial Developer may designate portions of the Covered Code as ?Multiple-Licensed?. ?Multiple-Licensed? means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A. +As between Initial Developer and the Contributors, each party is +responsible for claims and damages arising, directly or indirectly, +out of its utilization of rights under this License and You agree to +work with Initial Developer and Contributors to distribute such +responsibility on an equitable basis. Nothing herein is intended or +shall be deemed to constitute any admission of liability. + +13. MULTIPLE-LICENSED CODE. Initial Developer may designate portions +of the Covered Code as ?Multiple-Licensed?. ?Multiple-Licensed? means +that the Initial Developer permits you to utilize portions of the +Covered Code under Your choice of the alternative licenses, if any, +specified by the Initial Developer in the file described in Exhibit A. Exhibit A -Sun Public License Notice. diff --git a/common/Watcom b/common/Watcom index 69dfaa3..a42330f 100644 --- a/common/Watcom +++ b/common/Watcom @@ -1,89 +1,384 @@ -USE OF THE SYBASE OPEN WATCOM SOFTWARE DESCRIBED BELOW ("SOFTWARE") IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE SYBASE OPEN WATCOM PUBLIC LICENSE SET FORTH BELOW ("LICENSE"). YOU MAY NOT USE THE SOFTWARE IN ANY MANNER UNLESS YOU ACCEPT THE TERMS AND CONDITIONS OF THE LICENSE. YOU INDICATE YOUR ACCEPTANCE BY IN ANY MANNER USING (INCLUDING WITHOUT LIMITATION BY REPRODUCING, MODIFYING OR DISTRIBUTING) THE SOFTWARE. IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THE LICENSE, DO NOT USE THE SOFTWARE IN ANY MANNER. +USE OF THE SYBASE OPEN WATCOM SOFTWARE DESCRIBED BELOW ("SOFTWARE") IS +SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE SYBASE OPEN +WATCOM PUBLIC LICENSE SET FORTH BELOW ("LICENSE"). YOU MAY NOT USE THE +SOFTWARE IN ANY MANNER UNLESS YOU ACCEPT THE TERMS AND CONDITIONS OF +THE LICENSE. YOU INDICATE YOUR ACCEPTANCE BY IN ANY MANNER USING +(INCLUDING WITHOUT LIMITATION BY REPRODUCING, MODIFYING OR +DISTRIBUTING) THE SOFTWARE. IF YOU DO NOT ACCEPT ALL OF THE TERMS AND +CONDITIONS OF THE LICENSE, DO NOT USE THE SOFTWARE IN ANY MANNER. Sybase Open Watcom Public License version 1.0 -1. General; Definitions. This License applies only to the following software programs: the open source versions of Sybase's Watcom C/C++ and Fortran compiler products ("Software"), which are modified versions of, with significant changes from, the last versions made commercially available by Sybase. As used in this License: - -1.1 "Applicable Patent Rights" mean: (a) in the case where Sybase is the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to Sybase and (ii) that cover subject matter contained in the Original Code, but only to the extent necessary to use, reproduce and/or distribute the Original Code without infringement; and (b) in the case where You are the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to You and (ii) that cover subject matter in Your Modifications, taken alone or in combination with Original Code. - -1.2 "Contributor" means any person or entity that creates or contributes to the creation of Modifications. - -1.3 "Covered Code" means the Original Code, Modifications, the combination of Original Code and any Modifications, and/or any respective portions thereof. - -1.4 "Deploy" means to use, sublicense or distribute Covered Code other than for Your internal research and development (R&D) and/or Personal Use, and includes without limitation, any and all internal use or distribution of Covered Code within Your business or organization except for R&D use and/or Personal Use, as well as direct or indirect sublicensing or distribution of Covered Code by You to any third party in any form or manner. - -1.5 "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License. - -1.6 "Modifications" mean any addition to, deletion from, and/or change to, the substance and/or structure of the Original Code, any previous Modifications, the combination of Original Code and any previous Modifications, and/or any respective portions thereof. When code is released as a series of files, a Modification is: (a) any addition to or deletion from the contents of a file containing Covered Code; and/or (b) any new file or other representation of computer program statements that contains any part of Covered Code. - -1.7 "Original Code" means (a) the Source Code of a program or other work as originally made available by Sybase under this License, including the Source Code of any updates or upgrades to such programs or works made available by Sybase under this License, and that has been expressly identified by Sybase as such in the header file(s) of such work; and (b) the object code compiled from such Source Code and originally made available by Sybase under this License. - -1.8 "Personal Use" means use of Covered Code by an individual solely for his or her personal, private and non-commercial purposes. An individual's use of Covered Code in his or her capacity as an officer, employee, member, independent contractor or agent of a corporation, business or organization (commercial or non-commercial) does not qualify as Personal Use. - -1.9 "Source Code" means the human readable form of a program or other work that is suitable for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an executable (object code). - -1.10 "You" or "Your" means an individual or a legal entity exercising rights under this License. For legal entities, "You" or "Your" includes any entity which controls, is controlled by, or is under common control with, You, where "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity. - -2. Permitted Uses; Conditions & Restrictions.Subject to the terms and conditions of this License, Sybase hereby grants You, effective on the date You accept this License and download the Original Code, a world-wide, royalty-free, non-exclusive license, to the extent of Sybase's Applicable Patent Rights and copyrights covering the Original Code, to do the following: - -2.1 You may use, reproduce, display, perform, modify and distribute Original Code, with or without Modifications, solely for Your internal research and development and/or Personal Use, provided that in each instance: -(a) You must retain and reproduce in all copies of Original Code the copyright and other proprietary notices and disclaimers of Sybase as they appear in the Original Code, and keep intact all notices in the Original Code that refer to this License; and -(b) You must retain and reproduce a copy of this License with every copy of Source Code of Covered Code and documentation You distribute, and You may not offer or impose any terms on such Source Code that alter or restrict this License or the recipients' rights hereunder, except as permitted under Section 6. -(c) Whenever reasonably feasible you should include the copy of this License in a click-wrap format, which requires affirmative acceptance by clicking on an "I accept" button or similar mechanism. If a click-wrap format is not included, you must include a statement that any use (including without limitation reproduction, modification or distribution) of the Software, and any other affirmative act that you define, constitutes acceptance of the License, and instructing the user not to use the Covered Code in any manner if the user does not accept all of the terms and conditions of the License. - -2.2 You may use, reproduce, display, perform, modify and Deploy Covered Code, provided that in each instance: -(a) You must satisfy all the conditions of Section 2.1 with respect to the Source Code of the Covered Code; -(b) You must duplicate, to the extent it does not already exist, the notice in Exhibit A in each file of the Source Code of all Your Modifications, and cause the modified files to carry prominent notices stating that You changed the files and the date of any change; -(c) You must make Source Code of all Your Deployed Modifications publicly available under the terms of this License, including the license grants set forth in Section 3 below, for as long as you Deploy the Covered Code or twelve (12) months from the date of initial Deployment, whichever is longer. You should preferably distribute the Source Code of Your Deployed Modifications electronically (e.g. download from a web site); -(d) if You Deploy Covered Code in object code, executable form only, You must include a prominent notice, in the code itself as well as in related documentation, stating that Source Code of the Covered Code is available under the terms of this License with information on how and where to obtain such Source Code; and -(e) the object code form of the Covered Code may be distributed under Your own license agreement, provided that such license agreement contains terms no less protective of Sybase and each Contributor than the terms of this License, and stating that any provisions which differ from this License are offered by You alone and not by any other party. - -2.3 You expressly acknowledge and agree that although Sybase and each Contributor grants the licenses to their respective portions of the Covered Code set forth herein, no assurances are provided by Sybase or any Contributor that the Covered Code does not infringe the patent or other intellectual property rights of any other entity. Sybase and each Contributor disclaim any liability to You for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow You to distribute the Covered Code, it is Your responsibility to acquire that license before distributing the Covered Code. - -3. Your Grants. In consideration of, and as a condition to, the licenses granted to You under this License, You hereby grant to Sybase and all third parties a non-exclusive, royalty-free license, under Your Applicable Patent Rights and other intellectual property rights (other than patent) owned or controlled by You, to use, reproduce, display, perform, modify, distribute and Deploy Your Modifications of the same scope and extent as Sybase's licenses under Sections 2.1 and 2.2. - -4. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In each such instance, You must make sure the requirements of this License are fulfilled for the Covered Code or any portion thereof. - -5. Limitations on Patent License. Except as expressly stated in Section 2, no other patent rights, express or implied, are granted by Sybase herein. Modifications and/or Larger Works may require additional patent licenses from Sybase which Sybase may grant in its sole discretion. - -6. Additional Terms. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations and/or other rights consistent with this License ("Additional Terms") to one or more recipients of Covered Code. However, You may do so only on Your own behalf and as Your sole responsibility, and not on behalf of Sybase or any Contributor. You must obtain the recipient's agreement that any such Additional Terms are offered by You alone, and You hereby agree to indemnify, defend and hold Sybase and every Contributor harmless for any liability incurred by or claims asserted against Sybase or such Contributor by reason of any such Additional Terms. - -7. Versions of the License. Sybase may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Once Original Code has been published under a particular version of this License, You may continue to use it under the terms of that version. You may also choose to use such Original Code under the terms of any subsequent version of this License published by Sybase. No one other than Sybase has the right to modify the terms applicable to Covered Code created under this License. - -8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part pre-release, untested, or not fully tested works. The Covered Code may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Covered Code, or any portion thereof, is at Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND SYBASE AND SYBASE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "SYBASE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SYBASE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SYBASE, A SYBASE AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Covered Code is not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, or air traffic control machines in which case the failure of the Covered Code could lead to death, personal injury, or severe physical or environmental damage. - -9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SYBASE OR ANY CONTRIBUTOR BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF SYBASE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Sybase's or any Contributor's total liability to You for all damages (other than as may be required by applicable law) under this License exceed the amount of five hundred dollars ($500.00). - -10. Trademarks. This License does not grant any rights to use the trademarks or trade names "Sybase" or any other trademarks or trade names belonging to Sybase (collectively "Sybase Marks") or to any trademark or trade name belonging to any Contributor("Contributor Marks"). No Sybase Marks or Contributor Marks may be used to endorse or promote products derived from the Original Code or Covered Code other than with the prior written consent of Sybase or the Contributor, as applicable. - -11. Ownership. Subject to the licenses granted under this License, each Contributor retains all rights, title and interest in and to any Modifications made by such Contributor. Sybase retains all rights, title and interest in and to the Original Code and any Modifications made by or on behalf of Sybase ("Sybase Modifications"), and such Sybase Modifications will not be automatically subject to this License. Sybase may, at its sole discretion, choose to license such Sybase Modifications under this License, or on different terms from those contained in this License or may choose not to license them at all. +1. General; Definitions. This License applies only to the following +software programs: the open source versions of Sybase's Watcom C/C++ +and Fortran compiler products ("Software"), which are modified +versions of, with significant changes from, the last versions made +commercially available by Sybase. As used in this License: + +1.1 "Applicable Patent Rights" mean: (a) in the case where Sybase is +the grantor of rights, (i) claims of patents that are now or hereafter +acquired, owned by or assigned to Sybase and (ii) that cover subject +matter contained in the Original Code, but only to the extent +necessary to use, reproduce and/or distribute the Original Code +without infringement; and (b) in the case where You are the grantor of +rights, (i) claims of patents that are now or hereafter acquired, +owned by or assigned to You and (ii) that cover subject matter in Your +Modifications, taken alone or in combination with Original Code. + +1.2 "Contributor" means any person or entity that creates or +contributes to the creation of Modifications. + +1.3 "Covered Code" means the Original Code, Modifications, the +combination of Original Code and any Modifications, and/or any +respective portions thereof. + +1.4 "Deploy" means to use, sublicense or distribute Covered Code other +than for Your internal research and development (R&D) and/or Personal +Use, and includes without limitation, any and all internal use or +distribution of Covered Code within Your business or organization +except for R&D use and/or Personal Use, as well as direct or indirect +sublicensing or distribution of Covered Code by You to any third party +in any form or manner. + +1.5 "Larger Work" means a work which combines Covered Code or portions +thereof with code not governed by the terms of this License. + +1.6 "Modifications" mean any addition to, deletion from, and/or change +to, the substance and/or structure of the Original Code, any previous +Modifications, the combination of Original Code and any previous +Modifications, and/or any respective portions thereof. When code is +released as a series of files, a Modification is: (a) any addition to +or deletion from the contents of a file containing Covered Code; +and/or (b) any new file or other representation of computer program +statements that contains any part of Covered Code. + +1.7 "Original Code" means (a) the Source Code of a program or other +work as originally made available by Sybase under this License, +including the Source Code of any updates or upgrades to such programs +or works made available by Sybase under this License, and that has +been expressly identified by Sybase as such in the header file(s) of +such work; and (b) the object code compiled from such Source Code and +originally made available by Sybase under this License. + +1.8 "Personal Use" means use of Covered Code by an individual solely +for his or her personal, private and non-commercial purposes. An +individual's use of Covered Code in his or her capacity as an officer, +employee, member, independent contractor or agent of a corporation, +business or organization (commercial or non-commercial) does not +qualify as Personal Use. + +1.9 "Source Code" means the human readable form of a program or other +work that is suitable for making modifications to it, including all +modules it contains, plus any associated interface definition files, +scripts used to control compilation and installation of an executable +(object code). + +1.10 "You" or "Your" means an individual or a legal entity exercising +rights under this License. For legal entities, "You" or "Your" +includes any entity which controls, is controlled by, or is under +common control with, You, where "control" means (a) the power, direct +or indirect, to cause the direction or management of such entity, +whether by contract or otherwise, or (b) ownership of fifty percent +(50%) or more of the outstanding shares or beneficial ownership of +such entity. + +2. Permitted Uses; Conditions & Restrictions.Subject to the terms and +conditions of this License, Sybase hereby grants You, effective on the +date You accept this License and download the Original Code, a +world-wide, royalty-free, non-exclusive license, to the extent of +Sybase's Applicable Patent Rights and copyrights covering the Original +Code, to do the following: + +2.1 You may use, reproduce, display, perform, modify and distribute +Original Code, with or without Modifications, solely for Your internal +research and development and/or Personal Use, provided that in each +instance: + + (a) You must retain and reproduce in all copies of Original Code the + copyright and other proprietary notices and disclaimers of Sybase as + they appear in the Original Code, and keep intact all notices in the + Original Code that refer to this License; and + + (b) You must retain and reproduce a copy of this License with every + copy of Source Code of Covered Code and documentation You + distribute, and You may not offer or impose any terms on such Source + Code that alter or restrict this License or the recipients' rights + hereunder, except as permitted under Section 6. + + (c) Whenever reasonably feasible you should include the copy of this + License in a click-wrap format, which requires affirmative + acceptance by clicking on an "I accept" button or similar + mechanism. If a click-wrap format is not included, you must include + a statement that any use (including without limitation reproduction, + modification or distribution) of the Software, and any other + affirmative act that you define, constitutes acceptance of the + License, and instructing the user not to use the Covered Code in any + manner if the user does not accept all of the terms and conditions + of the License. + +2.2 You may use, reproduce, display, perform, modify and Deploy +Covered Code, provided that in each instance: + + (a) You must satisfy all the conditions of Section 2.1 with respect + to the Source Code of the Covered Code; + + (b) You must duplicate, to the extent it does not already exist, the + notice in Exhibit A in each file of the Source Code of all Your + Modifications, and cause the modified files to carry prominent + notices stating that You changed the files and the date of any + change; + + (c) You must make Source Code of all Your Deployed Modifications + publicly available under the terms of this License, including the + license grants set forth in Section 3 below, for as long as you + Deploy the Covered Code or twelve (12) months from the date of + initial Deployment, whichever is longer. You should preferably + distribute the Source Code of Your Deployed Modifications + electronically (e.g. download from a web site); + + (d) if You Deploy Covered Code in object code, executable form only, + You must include a prominent notice, in the code itself as well as + in related documentation, stating that Source Code of the Covered + Code is available under the terms of this License with information + on how and where to obtain such Source Code; and + + (e) the object code form of the Covered Code may be distributed + under Your own license agreement, provided that such license + agreement contains terms no less protective of Sybase and each + Contributor than the terms of this License, and stating that any + provisions which differ from this License are offered by You alone + and not by any other party. + +2.3 You expressly acknowledge and agree that although Sybase and each +Contributor grants the licenses to their respective portions of the +Covered Code set forth herein, no assurances are provided by Sybase or +any Contributor that the Covered Code does not infringe the patent or +other intellectual property rights of any other entity. Sybase and +each Contributor disclaim any liability to You for claims brought by +any other entity based on infringement of intellectual property rights +or otherwise. As a condition to exercising the rights and licenses +granted hereunder, You hereby assume sole responsibility to secure any +other intellectual property rights needed, if any. For example, if a +third party patent license is required to allow You to distribute the +Covered Code, it is Your responsibility to acquire that license before +distributing the Covered Code. + +3. Your Grants. In consideration of, and as a condition to, the +licenses granted to You under this License, You hereby grant to Sybase +and all third parties a non-exclusive, royalty-free license, under +Your Applicable Patent Rights and other intellectual property rights +(other than patent) owned or controlled by You, to use, reproduce, +display, perform, modify, distribute and Deploy Your Modifications of +the same scope and extent as Sybase's licenses under Sections 2.1 and +2.2. + +4. Larger Works. You may create a Larger Work by combining Covered +Code with other code not governed by the terms of this License and +distribute the Larger Work as a single product. In each such instance, +You must make sure the requirements of this License are fulfilled for +the Covered Code or any portion thereof. + +5. Limitations on Patent License. Except as expressly stated in +Section 2, no other patent rights, express or implied, are granted by +Sybase herein. Modifications and/or Larger Works may require +additional patent licenses from Sybase which Sybase may grant in its +sole discretion. + +6. Additional Terms. You may choose to offer, and to charge a fee for, +warranty, support, indemnity or liability obligations and/or other +rights consistent with this License ("Additional Terms") to one or +more recipients of Covered Code. However, You may do so only on Your +own behalf and as Your sole responsibility, and not on behalf of +Sybase or any Contributor. You must obtain the recipient's agreement +that any such Additional Terms are offered by You alone, and You +hereby agree to indemnify, defend and hold Sybase and every +Contributor harmless for any liability incurred by or claims asserted +against Sybase or such Contributor by reason of any such Additional +Terms. + +7. Versions of the License. Sybase may publish revised and/or new +versions of this License from time to time. Each version will be given +a distinguishing version number. Once Original Code has been published +under a particular version of this License, You may continue to use it +under the terms of that version. You may also choose to use such +Original Code under the terms of any subsequent version of this +License published by Sybase. No one other than Sybase has the right to +modify the terms applicable to Covered Code created under this +License. + +8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in +part pre-release, untested, or not fully tested works. The Covered +Code may contain errors that could cause failures or loss of data, and +may be incomplete or contain inaccuracies. You expressly acknowledge +and agree that use of the Covered Code, or any portion thereof, is at +Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND +WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND SYBASE AND +SYBASE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "SYBASE" FOR THE +PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM +ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT +NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF +MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR +PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD +PARTY RIGHTS. SYBASE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST +INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE +FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, +THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR +ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO +ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SYBASE, A SYBASE +AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A +WARRANTY. You acknowledge that the Covered Code is not intended for +use in the operation of nuclear facilities, aircraft navigation, +communication systems, or air traffic control machines in which case +the failure of the Covered Code could lead to death, personal injury, +or severe physical or environmental damage. + +9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO +EVENT SHALL SYBASE OR ANY CONTRIBUTOR BE LIABLE FOR ANY DIRECT, +INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES OF ANY +KIND ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR +INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER +UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), +PRODUCTS LIABILITY OR OTHERWISE, EVEN IF SYBASE OR SUCH CONTRIBUTOR +HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND +NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME +JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL +OR CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, SO THIS LIMITATION MAY +NOT APPLY TO YOU. In no event shall Sybase's or any Contributor's +total liability to You for all damages (other than as may be required +by applicable law) under this License exceed the amount of five +hundred dollars ($500.00). + +10. Trademarks. This License does not grant any rights to use the +trademarks or trade names "Sybase" or any other trademarks or trade +names belonging to Sybase (collectively "Sybase Marks") or to any +trademark or trade name belonging to any Contributor("Contributor +Marks"). No Sybase Marks or Contributor Marks may be used to endorse +or promote products derived from the Original Code or Covered Code +other than with the prior written consent of Sybase or the +Contributor, as applicable. + +11. Ownership. Subject to the licenses granted under this License, +each Contributor retains all rights, title and interest in and to any +Modifications made by such Contributor. Sybase retains all rights, +title and interest in and to the Original Code and any Modifications +made by or on behalf of Sybase ("Sybase Modifications"), and such +Sybase Modifications will not be automatically subject to this +License. Sybase may, at its sole discretion, choose to license such +Sybase Modifications under this License, or on different terms from +those contained in this License or may choose not to license them at +all. 12. Termination. -12.1 Termination. This License and the rights granted hereunder will terminate: -(a) automatically without notice if You fail to comply with any term(s) of this License and fail to cure such breach within 30 days of becoming aware of such breach; -(b) immediately in the event of the circumstances described in Section 13.5(b); or -(c) automatically without notice if You, at any time during the term of this License, commence an action for patent infringement (including as a cross claim or counterclaim) against Sybase or any Contributor. - -12.2 Effect of Termination. Upon termination, You agree to immediately stop any further use, reproduction, modification, sublicensing and distribution of the Covered Code and to destroy all copies of the Covered Code that are in your possession or control. All sublicenses to the Covered Code that have been properly granted prior to termination shall survive any termination of this License. Provisions which, by their nature, should remain in effect beyond the termination of this License shall survive, including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other for compensation, indemnity or damages of any sort solely as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy of any party. +12.1 Termination. This License and the rights granted hereunder will +terminate: + + (a) automatically without notice if You fail to comply with any + term(s) of this License and fail to cure such breach within 30 days + of becoming aware of such breach; + + (b) immediately in the event of the circumstances described in + Section 13.5(b); or + + (c) automatically without notice if You, at any time during the term + of this License, commence an action for patent infringement + (including as a cross claim or counterclaim) against Sybase or any + Contributor. + +12.2 Effect of Termination. Upon termination, You agree to immediately +stop any further use, reproduction, modification, sublicensing and +distribution of the Covered Code and to destroy all copies of the +Covered Code that are in your possession or control. All sublicenses +to the Covered Code that have been properly granted prior to +termination shall survive any termination of this License. Provisions +which, by their nature, should remain in effect beyond the termination +of this License shall survive, including but not limited to Sections +3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other +for compensation, indemnity or damages of any sort solely as a result +of terminating this License in accordance with its terms, and +termination of this License will be without prejudice to any other +right or remedy of any party. 13. Miscellaneous. -13.1 Government End Users. The Covered Code is a "commercial item" as defined in FAR 2.101. Government software and technical data rights in the Covered Code include only those rights customarily provided to the public as defined in this License. This customary commercial license in technical data and software is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Covered Code with only those rights set forth herein. - -13.2 Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture or any other form of legal association between or among you, Sybase or any Contributor, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise. - -13.3 Independent Development. Nothing in this License will impair Sybase's or any Contributor's right to acquire, license, develop, have others develop for it, market and/or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Modifications, Larger Works, technology or products that You may develop, produce, market or distribute. - -13.4 Waiver; Construction. Failure by Sybase or any Contributor to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this License. - -13.5 Severability. (a) If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this License will continue in full force and effect. (b) Notwithstanding the foregoing, if applicable law prohibits or restricts You from fully and/or specifically complying with Sections 2 and/or 3 or prevents the enforceability of either of those Sections, this License will immediately terminate and You must immediately discontinue any use of the Covered Code and destroy all copies of it that are in your possession or control. - -13.6 Dispute Resolution. Any litigation or other dispute resolution between You and Sybase relating to this License shall take place in the Northern District of California, and You and Sybase hereby consent to the personal jurisdiction of, and venue in, the state and federal courts within that District with respect to this License. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. - -13.7 Entire Agreement; Governing Law. This License constitutes the entire agreement between the parties with respect to the subject matter hereof. This License shall be governed by the laws of the United States and the State of California, except that body of California law concerning conflicts of law. Where You are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this License and all related documents be drafted in English. Les parties ont exigè que le prèsent contrat et tous les documents connexes soient rèdiès en anglais. - -EXHIBIT A. -"Portions Copyright (c) 1983-2002 Sybase, Inc. All Rights Reserved. This file contains Original Code and/or Modifications of Original Code as defined in and that are subject to the Sybase Open Watcom Public License version 1.0 (the 'License'). You may not use this file except in compliance with the License. BY USING THIS FILE YOU AGREE TO ALL TERMS AND CONDITIONS OF THE LICENSE. A copy of the License is provided with the Original Code and Modifications, and is also available at www.sybase.com/developer/opensource. -The Original Code and all software distributed under the License are distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SYBASE AND ALL CONTRIBUTORS HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language governing rights and limitations under the License." +13.1 Government End Users. The Covered Code is a "commercial item" as +defined in FAR 2.101. Government software and technical data rights in +the Covered Code include only those rights customarily provided to the +public as defined in this License. This customary commercial license +in technical data and software is provided in accordance with FAR +12.211 (Technical Data) and 12.212 (Computer Software) and, for +Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- +Commercial Items) and 227.7202-3 (Rights in Commercial Computer +Software or Computer Software Documentation). Accordingly, all +U.S. Government End Users acquire Covered Code with only those rights +set forth herein. + +13.2 Relationship of Parties. This License will not be construed as +creating an agency, partnership, joint venture or any other form of +legal association between or among you, Sybase or any Contributor, and +You will not represent to the contrary, whether expressly, by +implication, appearance or otherwise. + +13.3 Independent Development. Nothing in this License will impair +Sybase's or any Contributor's right to acquire, license, develop, have +others develop for it, market and/or distribute technology or products +that perform the same or similar functions as, or otherwise compete +with, Modifications, Larger Works, technology or products that You may +develop, produce, market or distribute. + +13.4 Waiver; Construction. Failure by Sybase or any Contributor to +enforce any provision of this License will not be deemed a waiver of +future enforcement of that or any other provision. Any law or +regulation which provides that the language of a contract shall be +construed against the drafter will not apply to this License. + +13.5 Severability. (a) If for any reason a court of competent +jurisdiction finds any provision of this License, or portion thereof, +to be unenforceable, that provision of the License will be enforced to +the maximum extent permissible so as to effect the economic benefits +and intent of the parties, and the remainder of this License will +continue in full force and effect. (b) Notwithstanding the foregoing, +if applicable law prohibits or restricts You from fully and/or +specifically complying with Sections 2 and/or 3 or prevents the +enforceability of either of those Sections, this License will +immediately terminate and You must immediately discontinue any use of +the Covered Code and destroy all copies of it that are in your +possession or control. + +13.6 Dispute Resolution. Any litigation or other dispute resolution +between You and Sybase relating to this License shall take place in +the Northern District of California, and You and Sybase hereby consent +to the personal jurisdiction of, and venue in, the state and federal +courts within that District with respect to this License. The +application of the United Nations Convention on Contracts for the +International Sale of Goods is expressly excluded. + +13.7 Entire Agreement; Governing Law. This License constitutes the +entire agreement between the parties with respect to the subject +matter hereof. This License shall be governed by the laws of the +United States and the State of California, except that body of +California law concerning conflicts of law. Where You are located in +the province of Quebec, Canada, the following clause applies: The +parties hereby confirm that they have requested that this License and +all related documents be drafted in English. Les parties ont exigè que +le prèsent contrat et tous les documents connexes soient rèdiès en +anglais. + +EXHIBIT A. +"Portions Copyright (c) 1983-2002 Sybase, Inc. All Rights +Reserved. This file contains Original Code and/or Modifications of +Original Code as defined in and that are subject to the Sybase Open +Watcom Public License version 1.0 (the 'License'). You may not use +this file except in compliance with the License. BY USING THIS FILE +YOU AGREE TO ALL TERMS AND CONDITIONS OF THE LICENSE. A copy of the +License is provided with the Original Code and Modifications, and is +also available at www.sybase.com/developer/opensource. + +The Original Code and all software distributed under the License are +distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER +EXPRESS OR IMPLIED, AND SYBASE AND ALL CONTRIBUTORS HEREBY DISCLAIM +ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF +MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR +NON-INFRINGEMENT. Please see the License for the specific language +governing rights and limitations under the License." |