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