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diff --git a/common/NOSL b/common/NOSL new file mode 100644 index 0000000..1274e33 --- /dev/null +++ b/common/NOSL @@ -0,0 +1,539 @@ +NETIZEN OPEN SOURCE LICENSE +Version 1.0 + + +Netizen website + +About Netizen +<http://netizen.com.au/about.html> + +What's a Netizen? + +Services +<http://netizen.com.au/services/> + +Open Source and Internet consulting, website development, training, +and other commercial services. Linux server management services. +<http://supportex.net/> + +Tools and technologies +<http://netizen.com.au/tools/> + +What we use to do the things we do, and what makes them so good + +Links +<http://netizen.com.au/links.html> + +Related links. + +--------------- +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. + +2. Source Code License. + +2.1. The Initial Developer Grant. The Initial Developer hereby grants + You a world-wide, royalty-free, non-exclusive license, subject to + third party intellectual property claims: + + (a) under intellectual property rights (other than patent or + trademark) Licensable by Initial Developer to use, reproduce, + modify, display, perform, sublicense and distribute the + Original Code (or portions thereof) with or without + Modifications, and/or as part of a Larger Work; and + + (b) under Patents Claims infringed by the making, using or + selling of Original Code, to make, have made, use, practice, + sell, and offer for sale, and/or otherwise dispose of the + Original Code (or portions thereof). + + (c) the licenses granted in this Section 2.1(a) and (b) are + effective on the date Initial Developer first distributes + Original Code under the terms of this License. + + (d) Notwithstanding Section 2.1(b) above, no patent license is + granted: 1) for code that You delete from the Original Code; + 2) separate from the Original Code; or 3) for infringements + caused by: i) the modification of the Original Code or ii) + the combination of the Original Code with other software or + devices. + +2.2. Contributor Grant. + +Subject to third party intellectual property claims, each Contributor +hereby grants You a world-wide, royalty-free, non-exclusive license + + (a) under intellectual property rights (other than patent or + trademark) Licensable by Contributor, to use, reproduce, + modify, display, perform, sublicense and distribute the + Modifications created by such Contributor (or portions + thereof) either on an unmodified basis, with other + Modifications, as Covered Code and/or as part of a Larger + Work; and + + (b) under Patent Claims infringed by the making, using, or + selling of Modifications made by that Contributor either + alone and/or in combination with its Contributor Version (or + portions of such combination), to make, use, sell, offer for + sale, have made, and/or otherwise dispose of: 1) + Modifications made by that Contributor (or portions thereof); + and 2) the combination of Modifications made by that + Contributor with its Contributor Version (or portions of such + combination). + + (c) the licenses granted in Sections 2.2(a) and 2.2(b) are + effective on the date Contributor first makes Commercial Use + of the Covered Code. + + (d) Notwithstanding Section 2.2(b) above, no patent license is + granted: 1) for any code that Contributor has deleted from + the Contributor Version; 2) separate from the Contributor + Version; 3) for infringements caused by: i) third party + modifications of Contributor Version or ii) the combination + of Modifications made by that Contributor with other software + (except as part of the Contributor Version) or other devices; + or 4) under Patent Claims infringed by Covered Code in the + absence of Modifications made by that Contributor. + +3. Distribution Obligations. + +3.1. Application of License. The Modifications which You create or to + which You contribute are governed by the terms of this License, + including without limitation Section 2.2. The Source Code version + of Covered Code may be distributed only under the terms of this + License or a future version of this License released under + Section 6.1, and You must include a copy of this License with + every copy of the Source Code You distribute. You may not offer + or impose any terms on any Source Code version that alters or + restricts the applicable version of this License or the + recipients' rights hereunder. However, You may include an + additional document offering the additional rights described in + Section 3.5. + +3.2. Availability of Source Code. Any Modification which You create or + to which You contribute must be made available in Source Code + form under the terms of this License either on the same media as + an Executable version or via an accepted Electronic Distribution + Mechanism to anyone to whom you made an Executable version + available; and if made available via Electronic Distribution + Mechanism, must remain available for at least twelve (12) months + after the date it initially became available, or at least six (6) + months after a subsequent version of that particular Modification + has been made available to such recipients. You are responsible + for ensuring that the Source Code version remains available even + if the Electronic Distribution Mechanism is maintained by a third + party. + +3.3. Description of Modifications. You must cause all Covered Code to + which You contribute to contain a file documenting the changes + You made to create that Covered Code and the date of any + change. You must include a prominent statement that the + Modification is derived, directly or indirectly, from Original + Code provided by the Initial Developer and including the name of + the Initial Developer in (a) the Source Code, and (b) in any + notice in an Executable version or related documentation in which + You describe the origin or ownership of the Covered Code. + +3.4. Intellectual Property Matters + + (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. + +trend +<http://trenduhren.de/> + +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 LEDs 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. + +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. + + Netizen Pty Ltd ("Netizen ") 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 Netizen. No one other than Netizen 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 "Netizen", "NOSL" 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 Netizen Open Source License and Xen Open Source + 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. + +7.1 To the extent permitted by law and except as expressly provided to + the contrary in this Agreement, all warranties whether express, + implied, statutory or otherwise, relating in any way to the + subject matter of this Agreement or to this Agreement generally, + are excluded. Where legislation implies in this Agreement any + condition or warranty and that legislation avoids or prohibits + provisions in a contract excluding or modifying the application of + or the exercise of or liability under such term, such term shall + be deemed to be included in this Agreement. However, the liability + of Supplier for any breach of such term shall be limited, at the + option of Supplier, to any one or more of the following: if the + breach related to goods: the replacement of the goods or the + supply of equivalent goods; the repair of such goods; the payment + of the cost of replacing the goods or of acquiring equivalent + goods; or the payment of the cost of having the goods repaired; + and if the breach relates to services the supplying of the + services again; or the payment of the cost of having the services + supplied again. + +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. + +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. + +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 Agreement shall be + governed by and construed according to the law of the State of + Victoria. The parties irrevocably submit to the exclusive + jurisdiction of the Courts of Victoria and Australia and any + Courts hearing appeals from such Courts. This Agreement is deemed + to have been made in Victoria. 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 NPL or the alternative licenses, if any, + specified by the Initial Developer in the file described in + Exhibit A. + +EXHIBIT A - Netizen Open Source License + +``The contents of this file are subject to the Netizen Open Source +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://netizen.com.au/licenses/NOPL/ + +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 NOSL, +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 NOSL 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.] +---------------------------------------------------------------------- |