6543
/
Licenses
1
0
Fork 0
Code Issues Pull Requests Releases Wiki Activity
Licenses/all/APL-1.0

864 lines
45 KiB
Plaintext
Raw Blame History

ADAPTIVE PUBLIC LICENSE
Version 1.0
THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THIS ADAPTIVE PUBLIC LICENSE
("LICENSE"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE LICENSED WORK CONSTITUTES
RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND ITS TERMS, WHETHER OR NOT SUCH
RECIPIENT READS THE TERMS OF THIS LICENSE. "LICENSED WORK" AND "RECIPIENT"
ARE DEFINED BELOW.
IMPORTANT NOTE: This License is "adaptive", and the generic version or another
version of an Adaptive Public License should not be relied upon to determine
your rights and obligations under this License. You must read the specific
Adaptive Public License that you receive with the Licensed Work, as certain
terms are defined at the outset by the Initial Contributor.
See Section 2.2 below, Exhibit A attached, and any Suppfile.txt accompanying
this License to determine the specific adaptive features applicable to this
License. For example, without limiting the foregoing, (a) for selected choice
of law and jurisdiction see Part 3 of Exhibit A; (b) for the selected definition
of Third Party see Part 4 of Exhibit A; and (c) for selected patent licensing
terms (if any) see Section 2.2 below and Part 6 of Exhibit A.
1. DEFINITIONS.
1.1. "CONTRIBUTION" means:
(a) In the case of the Initial Contributor, the Initial Work distributed under
this License by the Initial Contributor; and
(b) In the case of each Subsequent Contributor, the Subsequent Work originating
from and distributed by such Subsequent Contributor.
1.2. "DESIGNATED WEB SITE" means the web site having the URL identified in
Part 1 of Exhibit A, which URL may be changed by the Initial Contributor by
posting on the current Designated Web Site the new URL for at least sixty
(60) days.
1.3. "DISTRIBUTOR" means any Person that distributes the Licensed Work or
any portion thereof to at least one Third Party.
1.4. "ELECTRONIC DISTRIBUTION MECHANISM" means any mechanism generally accepted
in the software development community for the electronic transfer of data.
1.5. "EXECUTABLE" means the Licensed Work in any form other than Source Code.
1.6. "GOVERNING JURISDICTION" means the state, province or other legal jurisdiction
identified in Part 3 of Exhibit A.
1.7. "INDEPENDENT MODULE" means a separate module of software and/or data
that is not a derivative work of or copied from the Licensed Work or any portion
thereof. In addition, a module does not qualify as an Independent Module but
instead forms part of the Licensed Work if the module: (a) is embedded in
the Licensed Work; (b) is included by reference in the Licensed Work other
than by a function call or a class reference; or (c) must be included or contained,
in whole or in part, within a file directory or subdirectory actually containing
files making up the Licensed Work.
1.8. "INITIAL CONTRIBUTOR" means the Person or entity identified as the Initial
Contributor in the notice required by Part 1 of Exhibit A.
1.9. "INITIAL WORK" means the initial Source Code, object code (if any) and
documentation for the computer program identified in Part 2 of Exhibit A,
as such Source Code, object code and documentation is distributed under this
License by the Initial Contributor.
1.10. "LARGER WORK" means a work that combines the Licensed Work or portions
thereof with code not governed by this License.
1.11. "LICENSED WORK" means the Initial Work and/or any Subsequent Work, in
each case including portions thereof.
1.12. "LICENSE NOTICE" has the meaning assigned in Part 5 of Exhibit A.
1.13. "MODIFICATION" or "MODIFICATIONS" means any change to and/or addition
to the Licensed Work.
1.14. "PERSON" means an individual or other legal entity, including a corporation,
partnership or other body.
1.15. "RECIPIENT" means any Person who receives or obtains the Licensed Work
under this License (by way of example, without limiting the foregoing, any
Subsequent Contributor or Distributor).
1.16. "SOURCE CODE" means the source code for a computer program, including
the source code for all modules and components of the computer program, plus
any associated interface definition files, and scripts used to control compilation
and installation of an executable.
1.17. "SUBSEQUENT CONTRIBUTOR" means any Person that makes or contributes
to the making of any Subsequent Work and that distributes that Subsequent
Work to at least one Third Party.
1.18. "SUBSEQUENT WORK" means a work that has resulted or arises from changes
to and/or additions to:
(a) the Initial Work;
(b) any other Subsequent Work; or
(c) to any combination of the Initial Work and any such other Subsequent Work;
where such changes and/or additions originate from a Subsequent Contributor.
A Subsequent Work will "originate" from a Subsequent Contributor if the Subsequent
Work was a result of efforts by such Subsequent Contributor (or anyone acting
on such Subsequent Contributor's behalf, such as, a contractor or other entity
that is engaged by or under the direction of the Subsequent Contributor).
For greater certainty, a Subsequent Work expressly excludes and shall not
capture within its meaning any Independent Module.
1.19. "SUPPLEMENT FILE" means a file distributed with the Licensed Work having
a file name "suppfile.txt".
1.20. "THIRD PARTY" has the meaning assigned in Part 4 of Exhibit A.
2. LICENSE.
2.1. COPYRIGHT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.
(a) Subject to the terms of this License, the Initial Contributor hereby grants
each Recipient a world-wide, royalty-free, non-exclusive copyright license
to:
(i) reproduce, prepare derivative works of, publicly display, publicly perform,
distribute and sublicense the Initial Work; and
(ii) reproduce, publicly display, publicly perform, distribute, and sublicense
any derivative works (if any) prepared by Recipient;
in Source Code and Executable form, either with other Modifications, on an
unmodified basis, or as part of a Larger Work.
(b) Subject to the terms of this License, each Subsequent Contributor hereby
grants each Recipient a world-wide, royalty-free, non-exclusive copyright
license to:
(i) reproduce, prepare derivative works of, publicly display, publicly perform,
distribute and sublicense the Subsequent Work of such Subsequent Contributor;
and
(ii) reproduce, publicly display, publicly perform, distribute, and sublicense
any derivative works (if any) prepared by Recipient;
in Source Code and Executable form, either with other Modifications, on an
unmodified basis, or as part of a Larger Work.
2.2. PATENT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.
(a) This License does not include or grant any patent license whatsoever from
the Initial Contributor, Subsequent Contributor, or any Distributor unless,
at the time the Initial Work is first distributed or made available under
this License (as the case may be), the Initial Contributor has selected pursuant
to Part 6 of Exhibit A the patent terms in paragraphs A, B, C, D and E from
Part 6 of Exhibit A. If this is not done then the Initial Work and any other
Subsequent Work is made available under the License without any patent license
(the "PATENTS-EXCLUDED LICENSE").
(b) However, the Initial Contributor may subsequently distribute or make available
(as the case may be) future copies of: (1) the Initial Work; or (2) any Licensed
Work distributed by the Initial Contributor which includes the Initial Work
(or any portion thereof) and/or any Modification made by the Initial Contributor;
available under a License which includes a patent license (the "PATENTS-INCLUDED
LICENSE") by selecting pursuant to Part 6 of Exhibit A the patent terms in
paragraphs A, B, C, D and E from Part 6 of Exhibit A, when the Initial Contributor
distributes or makes available (as the case may be) such future copies under
this License.
(c) If any Recipient receives or obtains one or more copies of the Initial
Work or any other portion of the Licensed Work under the Patents-Included
License, then all licensing of such copies under this License shall include
the terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A and that
Recipient shall not be able to rely upon the Patents-Excluded License for
any such copies. However, all Recipients that receive one or more copies of
the Initial Work or any other portion of the Licensed Work under a copy of
the License which includes the Patents-Excluded License shall have no patent
license with respect to such copies received under the Patents-Excluded License
and availability and distribution of such copies, including Modifications
made by such Recipient to such copies, shall be under a copy of the License
without any patent license.
(d) Where a Recipient uses in combination or combines any copy of the Licensed
Work (or portion thereof) licensed under a copy of the License having a Patents-Excluded
License with any copy of the Licensed Work (or portion thereof) licensed under
a copy of the License having a Patents-Included License, the combination (and
any portion thereof) shall, from the first time such Recipient uses, makes
available or distributes the combination (as the case may be), be subject
to only the terms of the License having the Patents-Included License which
shall include the terms in paragraphs A, B, C, D and E from Part 6 of Exhibit
A.
2.3. ACKNOWLEDGEMENT AND DISCLAIMER.
Recipient understands and agrees that although Initial Contributor and each
Subsequent Contributor grants the licenses to its Contributions set forth
herein, no representation, warranty, guarantee or assurance is provided by
any Initial Contributor, Subsequent Contributor, or Distributor that the Licensed
Work does not infringe the patent or other intellectual property rights of
any other entity. Initial Contributor, Subsequent Contributor, and each Distributor
disclaims any liability to Recipient for claims brought by any other entity
based on infringement of intellectual property rights or otherwise, in relation
to the Licensed Works. As a condition to exercising the rights and licenses
granted hereunder, each Recipient hereby assumes sole responsibility to secure
any other intellectual property rights needed, if any. For example, without
limiting the foregoing disclaimers, if a third party patent license is required
to allow Recipient to distribute the Licensed Work, it is Recipient's responsibility
to acquire that license before distributing the Licensed Work.
2.4. RESERVATION.
Nothing in this License shall be deemed to grant any rights to trademarks,
copyrights, patents, trade secrets or any other intellectual property of Initial
Contributor, Subsequent Contributor, or Distributor except as expressly stated
herein.
3. DISTRIBUTION OBLIGATIONS.
3.1. DISTRIBUTION GENERALLY.
(a) A Subsequent Contributor shall make that Subsequent Contributor's Subsequent
Work(s) available to the public via an Electronic Distribution Mechanism for
a period of at least twelve (12) months. The aforesaid twelve (12) month period
shall begin within a reasonable time after the creation of the Subsequent
Work and no later than sixty (60) days after first distribution of that Subsequent
Contributor's Subsequent Work.
(b) All Distributors must distribute the Licensed Work in accordance with
the terms of the License, and must include a copy of this License (including
without limitation Exhibit A and the accompanying Supplement File) with each
copy of the Licensed Work distributed. In particular, this License must be
prominently distributed with the Licensed Work in a file called "license.txt."
In addition, the License Notice in Part 5 of Exhibit A must be included at
the beginning of all Source Code files, and viewable to a user in any executable
such that the License Notice is reasonably brought to the attention of any
party using the Licensed Work.
3.2. EXECUTABLE DISTRIBUTIONS OF THE LICENSED WORK.
A Distributor may choose to distribute the Licensed Work, or any portion thereof,
in Executable form (an "EXECUTABLE DISTRIBUTION") to any third party, under
the terms of Section 2 of this License, provided the Executable Distribution
is made available under and accompanied by a copy of this License, AND provided
at least ONE of the following conditions is fulfilled:
(a) The Executable Distribution must be accompanied by the Source Code for
the Licensed Work making up the Executable Distribution, and the Source Code
must be distributed on the same media as the Executable Distribution or using
an Electronic Distribution Mechanism; or
(b) The Executable Distribution must be accompanied with a written offer,
valid for at least thirty six (36) months, to give any third party under the
terms of this License, for a charge no more than the cost of physically performing
source distribution, a complete machine-readable copy of the Source Code for
the Licensed Work making up the Executable Distribution, to be available and
distributed using an Electronic Distribution Mechanism, and such Executable
Distribution must remain available in Source Code form to any third party
via the Electronic Distribution Mechanism (or any replacement Electronic Distribution
Mechanism the particular Distributor may reasonably need to turn to as a substitute)
for said at least thirty six (36) months.
For greater certainty, the above-noted requirements apply to any Licensed
Work or portion thereof distributed to any third party in Executable form,
whether such distribution is made alone, in combination with a Larger Work
or Independent Modules, or in some other combination.
3.3. SOURCE CODE DISTRIBUTIONS.
When a Distributor makes the Licensed Work, or any portion thereof, available
to any Person in Source Code form, it must be made available under this License
and a copy of this License must be included with each copy of the Source Code,
situated so that the copy of the License is conspicuously brought to the attention
of that Person. For greater clarification, this Section 3.3 applies to all
distribution of the Licensed Work in any Source Code form. A Distributor may
charge a fee for the physical act of transferring a copy, which charge shall
be no more than the cost of physically performing source distribution.
3.4. REQUIRED NOTICES IN SOURCE CODE.
Each Subsequent Contributor must ensure that the notice set out in Part 5
of Exhibit A is included in each file of the Source Code for each Subsequent
Work originating from that particular Subsequent Contributor, if such notice
is not already included in each such file. If it is not possible to put such
notice in a particular Source Code file due to its structure, then the Subsequent
Contributor must include such notice in a location (such as a relevant directory
in which the file is stored) where a user would be likely to look for such
a notice.
3.5. NO DISTRIBUTION REQUIREMENTS FOR INTERNALLY USED MODIFICATIONS.
Notwithstanding Sections 3.2, 3.3 and 3.4, Recipient may, internally within
its own corporation or organization use the Licensed Work, including the Initial
Work and Subsequent Works, and make Modifications for internal use within
Recipient's own corporation or organization (collectively, "INTERNAL USE MODIFICATIONS").
The Recipient shall have no obligation to distribute, in either Source Code
or Executable form, any such Internal Use Modifications made by Recipient
in the course of such internal use, except where required below in this Section
3.5. All Internal Use Modifications distributed to any Person, whether or
not a Third Party, shall be distributed pursuant to and be accompanied by
the terms of this License. If the Recipient chooses to distribute any such
Internal Use Modifications to any Third Party, then the Recipient shall be
deemed a Subsequent Contributor, and any such Internal Use Modifications distributed
to any Third Party shall be deemed a Subsequent Work originating from that
Subsequent Contributor, and shall from the first such instance become part
of the Licensed Work that must thereafter be distributed and made available
to third parties in accordance with the terms of Sections 3.1 to 3.4 inclusive.
3.6. INDEPENDENT MODULES.
This License shall not apply to Independent Modules of any Initial Contributor,
Subsequent Contributor, Distributor or any Recipient, and such Independent
Modules may be licensed or made available under one or more separate license
agreements.
3.7. LARGER WORKS.
Any Distributor or Recipient may create or contribute to a Larger Work by
combining any of the Licensed Work with other code not governed by the terms
of this License, and may distribute the Larger Work as one or more products.
However, in any such case, Distributor or Recipient (as the case may be) must
make sure that the requirements of this License are fulfilled for the Licensed
Work portion of the Larger Work.
3.8. DESCRIPTION OF DISTRIBUTED MODIFICATIONS.
(a) Each Subsequent Contributor (including the Initial Contributor where the
Initial Contributor also qualifies as a Subsequent Contributor) must cause
each Subsequent Work created or contributed to by that Subsequent Contributor
to contain a file documenting the changes, in accordance with the requirements
of Part 1 of the Supplement File, that such Subsequent Contributor made in
the creation or contribution to that Subsequent Work. If no Supplement File
exists or no requirements are set out in Part 1 of the Supplement File, then
there are no requirements for Subsequent Contributors to document changes
that they make resulting in Subsequent Works.
(b) The Initial Contributor may at any time introduce requirements or add
to or change earlier requirements (in each case, the "EARLIER DESCRIPTION
REQUIREMENTS") for documenting changes resulting in Subsequent Works by revising
Part 1 of each copy of the Supplement File distributed by the Initial Contributor
with future copies of the Licensed Work so that Part 1 then contains new requirements
(the "NEW DESCRIPTION REQUIREMENTS") for documenting such changes.
(c) Any Recipient receiving at any time any copy of an Initial Work or any
Subsequent Work under a copy of this License (in each case, an "Earlier LICENSED
COPY") having the Earlier Description Requirements may choose, with respect
to each such Earlier Licensed Copy, to comply with the Earlier Description
Requirements or the New Description Requirements. Where a Recipient chooses
to comply with the New Description Requirements, that Recipient will, when
thereafter distributing any copies of any such Earlier Licensed Copy, include
a Supplement File having a section entitled Part 1 that contains a copy of
the New Description Requirements.
(d) For greater certainty, the intent of Part 1 of the Supplement File is
to provide a mechanism (if any) by which Subsequent Contributors must document
changes that they make to the Licensed Work resulting in Subsequent Works.
Part 1 of any Supplement File shall not be used to increase or reduce the
scope of the license granted in Article 2 of this License or in any other
way increase or decrease the rights and obligations of any Recipient, and
shall at no time serve as the basis for terminating the License. Further,
a Recipient can be required to correct and change its documentation procedures
to comply with Part 1 of the Supplement File, but cannot be penalised with
damages. Part 1 of any Supplement File is only binding on each Recipient of
any Licensed Work to the extent Part 1 sets out the requirements for documenting
changes to the Initial Work or any Subsequent Work.
(e) An example of a set of requirements for documenting changes and contributions
made by Subsequent Contributor is set out in Part 7 of Exhibit A of this License.
Part 7 is a sample only and is not binding on Recipients, unless (subject
to the earlier paragraphs of this Section 3.8) those are the requirements
that the Initial Contributor includes in Part 1 of the Supplement File with
the copies of the Initial Work distributed under this License.
3.9. USE OF DISTRIBUTOR NAME.
The name of a Distributor may not be used by any other Distributor to endorse
or promote the Licensed Work or products derived from the Licensed Work, without
prior written permission.
3.10. LIMITED RECOGNITION OF INITIAL CONTRIBUTOR.
(a) As a modest attribution to the Initial Contributor, in the hope that its
promotional value may help justify the time, money and effort invested in
writing the Initial Work, the Initial Contributor may include in Part 2 of
the Supplement File a requirement that each time an executable program resulting
from the Initial Work or any Subsequent Work, or a program dependent thereon,
is launched or run, a prominent display of the Initial Contributor's attribution
information must occur (the "ATTRIBUTION INFORMATION"). The Attribution Information
must be included at the beginning of each Source Code file. For greater certainty,
the Initial Contributor may specify in the Supplement File that the above
attribution requirement only applies to an executable program resulting from
the Initial Work or any Subsequent Work, but not a program dependent thereon.
The intent is to provide for reasonably modest attribution, therefore the
Initial Contributor may not require Recipients to display, at any time, more
than the following Attribution Information: (a) a copyright notice including
the name of the Initial Contributor; (b) a word or one phrase (not exceeding
10 words); (c) one digital image or graphic provided with the Initial Work;
and (d) a URL (collectively, the "ATTRIBUTION LIMITS").
(b) If no Supplement File exists, or no Attribution Information is set out
in Part 2 of the Supplement File, then there are no requirements for Recipients
to display any Attribution Information of the Initial Contributor.
(c) Each Recipient acknowledges that all trademarks, service marks and/or
trade names contained within Part 2 of the Supplement File distributed with
the Licensed Work are the exclusive property of the Initial Contributor and
may only be used with the permission of the Initial Contributor, or under
circumstances otherwise permitted by law, or as expressly set out in this
License.
3.11. For greater certainty, any description or attribution provisions contained
within a Supplement File may only be used to specify the nature of the description
or attribution requirements, as the case may be. Any provision in a Supplement
File that otherwise purports to modify, vary, nullify or amend any right,
obligation or representation contained herein shall be deemed void to that
extent, and shall be of no force or effect.
4. COMMERCIAL USE AND INDEMNITY.
4.1. COMMERCIAL SERVICES.
A Recipient ("COMMERCIAL RECIPIENT") may choose to offer, and to charge a
fee for, warranty, support, indemnity or liability obligations (collectively,
"SERVICES") to one or more other Recipients or Distributors. However, such
Commercial Recipient may do so only on that Commercial Recipient's own behalf,
and not on behalf of any other Distributor or Recipient, and Commercial Recipient
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.
PART 7: SAMPLE REQUIREMENTS FOR THE DESCRIPTION OF DISTRIBUTED MODIFICATIONS
Each Subsequent Contributor (including the Initial Contributor where the Initial
Contributor qualifies as a Subsequent Contributor) is invited (but not required)
to cause each Subsequent Work created or contributed to by that Subsequent
Contributor to contain a file documenting the changes such Subsequent Contributor
made to create that Subsequent Work and the date of any change.
//***EXHIBIT A ENDS HERE.***//
Reference in New Issue View Git Blame Copy Permalink