path: root/common/NOSL

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.

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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.]
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