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  1. ADAPTIVE PUBLIC LICENSE
  2. Version 1.0
  3. THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THIS ADAPTIVE PUBLIC LICENSE
  4. ("LICENSE"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE LICENSED WORK CONSTITUTES
  5. RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND ITS TERMS, WHETHER OR NOT SUCH
  6. RECIPIENT READS THE TERMS OF THIS LICENSE. "LICENSED WORK" AND "RECIPIENT"
  7. ARE DEFINED BELOW.
  8. IMPORTANT NOTE: This License is "adaptive", and the generic version or another
  9. version of an Adaptive Public License should not be relied upon to determine
  10. your rights and obligations under this License. You must read the specific
  11. Adaptive Public License that you receive with the Licensed Work, as certain
  12. terms are defined at the outset by the Initial Contributor.
  13. See Section 2.2 below, Exhibit A attached, and any Suppfile.txt accompanying
  14. this License to determine the specific adaptive features applicable to this
  15. License. For example, without limiting the foregoing, (a) for selected choice
  16. of law and jurisdiction see Part 3 of Exhibit A; (b) for the selected definition
  17. of Third Party see Part 4 of Exhibit A; and (c) for selected patent licensing
  18. terms (if any) see Section 2.2 below and Part 6 of Exhibit A.
  19. 1. DEFINITIONS.
  20. 1.1. "CONTRIBUTION" means:
  21. (a) In the case of the Initial Contributor, the Initial Work distributed under
  22. this License by the Initial Contributor; and
  23. (b) In the case of each Subsequent Contributor, the Subsequent Work originating
  24. from and distributed by such Subsequent Contributor.
  25. 1.2. "DESIGNATED WEB SITE" means the web site having the URL identified in
  26. Part 1 of Exhibit A, which URL may be changed by the Initial Contributor by
  27. posting on the current Designated Web Site the new URL for at least sixty
  28. (60) days.
  29. 1.3. "DISTRIBUTOR" means any Person that distributes the Licensed Work or
  30. any portion thereof to at least one Third Party.
  31. 1.4. "ELECTRONIC DISTRIBUTION MECHANISM" means any mechanism generally accepted
  32. in the software development community for the electronic transfer of data.
  33. 1.5. "EXECUTABLE" means the Licensed Work in any form other than Source Code.
  34. 1.6. "GOVERNING JURISDICTION" means the state, province or other legal jurisdiction
  35. identified in Part 3 of Exhibit A.
  36. 1.7. "INDEPENDENT MODULE" means a separate module of software and/or data
  37. that is not a derivative work of or copied from the Licensed Work or any portion
  38. thereof. In addition, a module does not qualify as an Independent Module but
  39. instead forms part of the Licensed Work if the module: (a) is embedded in
  40. the Licensed Work; (b) is included by reference in the Licensed Work other
  41. than by a function call or a class reference; or (c) must be included or contained,
  42. in whole or in part, within a file directory or subdirectory actually containing
  43. files making up the Licensed Work.
  44. 1.8. "INITIAL CONTRIBUTOR" means the Person or entity identified as the Initial
  45. Contributor in the notice required by Part 1 of Exhibit A.
  46. 1.9. "INITIAL WORK" means the initial Source Code, object code (if any) and
  47. documentation for the computer program identified in Part 2 of Exhibit A,
  48. as such Source Code, object code and documentation is distributed under this
  49. License by the Initial Contributor.
  50. 1.10. "LARGER WORK" means a work that combines the Licensed Work or portions
  51. thereof with code not governed by this License.
  52. 1.11. "LICENSED WORK" means the Initial Work and/or any Subsequent Work, in
  53. each case including portions thereof.
  54. 1.12. "LICENSE NOTICE" has the meaning assigned in Part 5 of Exhibit A.
  55. 1.13. "MODIFICATION" or "MODIFICATIONS" means any change to and/or addition
  56. to the Licensed Work.
  57. 1.14. "PERSON" means an individual or other legal entity, including a corporation,
  58. partnership or other body.
  59. 1.15. "RECIPIENT" means any Person who receives or obtains the Licensed Work
  60. under this License (by way of example, without limiting the foregoing, any
  61. Subsequent Contributor or Distributor).
  62. 1.16. "SOURCE CODE" means the source code for a computer program, including
  63. the source code for all modules and components of the computer program, plus
  64. any associated interface definition files, and scripts used to control compilation
  65. and installation of an executable.
  66. 1.17. "SUBSEQUENT CONTRIBUTOR" means any Person that makes or contributes
  67. to the making of any Subsequent Work and that distributes that Subsequent
  68. Work to at least one Third Party.
  69. 1.18. "SUBSEQUENT WORK" means a work that has resulted or arises from changes
  70. to and/or additions to:
  71. (a) the Initial Work;
  72. (b) any other Subsequent Work; or
  73. (c) to any combination of the Initial Work and any such other Subsequent Work;
  74. where such changes and/or additions originate from a Subsequent Contributor.
  75. A Subsequent Work will "originate" from a Subsequent Contributor if the Subsequent
  76. Work was a result of efforts by such Subsequent Contributor (or anyone acting
  77. on such Subsequent Contributor's behalf, such as, a contractor or other entity
  78. that is engaged by or under the direction of the Subsequent Contributor).
  79. For greater certainty, a Subsequent Work expressly excludes and shall not
  80. capture within its meaning any Independent Module.
  81. 1.19. "SUPPLEMENT FILE" means a file distributed with the Licensed Work having
  82. a file name "suppfile.txt".
  83. 1.20. "THIRD PARTY" has the meaning assigned in Part 4 of Exhibit A.
  84. 2. LICENSE.
  85. 2.1. COPYRIGHT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.
  86. (a) Subject to the terms of this License, the Initial Contributor hereby grants
  87. each Recipient a world-wide, royalty-free, non-exclusive copyright license
  88. to:
  89. (i) reproduce, prepare derivative works of, publicly display, publicly perform,
  90. distribute and sublicense the Initial Work; and
  91. (ii) reproduce, publicly display, publicly perform, distribute, and sublicense
  92. any derivative works (if any) prepared by Recipient;
  93. in Source Code and Executable form, either with other Modifications, on an
  94. unmodified basis, or as part of a Larger Work.
  95. (b) Subject to the terms of this License, each Subsequent Contributor hereby
  96. grants each Recipient a world-wide, royalty-free, non-exclusive copyright
  97. license to:
  98. (i) reproduce, prepare derivative works of, publicly display, publicly perform,
  99. distribute and sublicense the Subsequent Work of such Subsequent Contributor;
  100. and
  101. (ii) reproduce, publicly display, publicly perform, distribute, and sublicense
  102. any derivative works (if any) prepared by Recipient;
  103. in Source Code and Executable form, either with other Modifications, on an
  104. unmodified basis, or as part of a Larger Work.
  105. 2.2. PATENT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.
  106. (a) This License does not include or grant any patent license whatsoever from
  107. the Initial Contributor, Subsequent Contributor, or any Distributor unless,
  108. at the time the Initial Work is first distributed or made available under
  109. this License (as the case may be), the Initial Contributor has selected pursuant
  110. to Part 6 of Exhibit A the patent terms in paragraphs A, B, C, D and E from
  111. Part 6 of Exhibit A. If this is not done then the Initial Work and any other
  112. Subsequent Work is made available under the License without any patent license
  113. (the "PATENTS-EXCLUDED LICENSE").
  114. (b) However, the Initial Contributor may subsequently distribute or make available
  115. (as the case may be) future copies of: (1) the Initial Work; or (2) any Licensed
  116. Work distributed by the Initial Contributor which includes the Initial Work
  117. (or any portion thereof) and/or any Modification made by the Initial Contributor;
  118. available under a License which includes a patent license (the "PATENTS-INCLUDED
  119. LICENSE") by selecting pursuant to Part 6 of Exhibit A the patent terms in
  120. paragraphs A, B, C, D and E from Part 6 of Exhibit A, when the Initial Contributor
  121. distributes or makes available (as the case may be) such future copies under
  122. this License.
  123. (c) If any Recipient receives or obtains one or more copies of the Initial
  124. Work or any other portion of the Licensed Work under the Patents-Included
  125. License, then all licensing of such copies under this License shall include
  126. the terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A and that
  127. Recipient shall not be able to rely upon the Patents-Excluded License for
  128. any such copies. However, all Recipients that receive one or more copies of
  129. the Initial Work or any other portion of the Licensed Work under a copy of
  130. the License which includes the Patents-Excluded License shall have no patent
  131. license with respect to such copies received under the Patents-Excluded License
  132. and availability and distribution of such copies, including Modifications
  133. made by such Recipient to such copies, shall be under a copy of the License
  134. without any patent license.
  135. (d) Where a Recipient uses in combination or combines any copy of the Licensed
  136. Work (or portion thereof) licensed under a copy of the License having a Patents-Excluded
  137. License with any copy of the Licensed Work (or portion thereof) licensed under
  138. a copy of the License having a Patents-Included License, the combination (and
  139. any portion thereof) shall, from the first time such Recipient uses, makes
  140. available or distributes the combination (as the case may be), be subject
  141. to only the terms of the License having the Patents-Included License which
  142. shall include the terms in paragraphs A, B, C, D and E from Part 6 of Exhibit
  143. A.
  144. 2.3. ACKNOWLEDGEMENT AND DISCLAIMER.
  145. Recipient understands and agrees that although Initial Contributor and each
  146. Subsequent Contributor grants the licenses to its Contributions set forth
  147. herein, no representation, warranty, guarantee or assurance is provided by
  148. any Initial Contributor, Subsequent Contributor, or Distributor that the Licensed
  149. Work does not infringe the patent or other intellectual property rights of
  150. any other entity. Initial Contributor, Subsequent Contributor, and each Distributor
  151. disclaims any liability to Recipient for claims brought by any other entity
  152. based on infringement of intellectual property rights or otherwise, in relation
  153. to the Licensed Works. As a condition to exercising the rights and licenses
  154. granted hereunder, each Recipient hereby assumes sole responsibility to secure
  155. any other intellectual property rights needed, if any. For example, without
  156. limiting the foregoing disclaimers, if a third party patent license is required
  157. to allow Recipient to distribute the Licensed Work, it is Recipient's responsibility
  158. to acquire that license before distributing the Licensed Work.
  159. 2.4. RESERVATION.
  160. Nothing in this License shall be deemed to grant any rights to trademarks,
  161. copyrights, patents, trade secrets or any other intellectual property of Initial
  162. Contributor, Subsequent Contributor, or Distributor except as expressly stated
  163. herein.
  164. 3. DISTRIBUTION OBLIGATIONS.
  165. 3.1. DISTRIBUTION GENERALLY.
  166. (a) A Subsequent Contributor shall make that Subsequent Contributor's Subsequent
  167. Work(s) available to the public via an Electronic Distribution Mechanism for
  168. a period of at least twelve (12) months. The aforesaid twelve (12) month period
  169. shall begin within a reasonable time after the creation of the Subsequent
  170. Work and no later than sixty (60) days after first distribution of that Subsequent
  171. Contributor's Subsequent Work.
  172. (b) All Distributors must distribute the Licensed Work in accordance with
  173. the terms of the License, and must include a copy of this License (including
  174. without limitation Exhibit A and the accompanying Supplement File) with each
  175. copy of the Licensed Work distributed. In particular, this License must be
  176. prominently distributed with the Licensed Work in a file called "license.txt."
  177. In addition, the License Notice in Part 5 of Exhibit A must be included at
  178. the beginning of all Source Code files, and viewable to a user in any executable
  179. such that the License Notice is reasonably brought to the attention of any
  180. party using the Licensed Work.
  181. 3.2. EXECUTABLE DISTRIBUTIONS OF THE LICENSED WORK.
  182. A Distributor may choose to distribute the Licensed Work, or any portion thereof,
  183. in Executable form (an "EXECUTABLE DISTRIBUTION") to any third party, under
  184. the terms of Section 2 of this License, provided the Executable Distribution
  185. is made available under and accompanied by a copy of this License, AND provided
  186. at least ONE of the following conditions is fulfilled:
  187. (a) The Executable Distribution must be accompanied by the Source Code for
  188. the Licensed Work making up the Executable Distribution, and the Source Code
  189. must be distributed on the same media as the Executable Distribution or using
  190. an Electronic Distribution Mechanism; or
  191. (b) The Executable Distribution must be accompanied with a written offer,
  192. valid for at least thirty six (36) months, to give any third party under the
  193. terms of this License, for a charge no more than the cost of physically performing
  194. source distribution, a complete machine-readable copy of the Source Code for
  195. the Licensed Work making up the Executable Distribution, to be available and
  196. distributed using an Electronic Distribution Mechanism, and such Executable
  197. Distribution must remain available in Source Code form to any third party
  198. via the Electronic Distribution Mechanism (or any replacement Electronic Distribution
  199. Mechanism the particular Distributor may reasonably need to turn to as a substitute)
  200. for said at least thirty six (36) months.
  201. For greater certainty, the above-noted requirements apply to any Licensed
  202. Work or portion thereof distributed to any third party in Executable form,
  203. whether such distribution is made alone, in combination with a Larger Work
  204. or Independent Modules, or in some other combination.
  205. 3.3. SOURCE CODE DISTRIBUTIONS.
  206. When a Distributor makes the Licensed Work, or any portion thereof, available
  207. to any Person in Source Code form, it must be made available under this License
  208. and a copy of this License must be included with each copy of the Source Code,
  209. situated so that the copy of the License is conspicuously brought to the attention
  210. of that Person. For greater clarification, this Section 3.3 applies to all
  211. distribution of the Licensed Work in any Source Code form. A Distributor may
  212. charge a fee for the physical act of transferring a copy, which charge shall
  213. be no more than the cost of physically performing source distribution.
  214. 3.4. REQUIRED NOTICES IN SOURCE CODE.
  215. Each Subsequent Contributor must ensure that the notice set out in Part 5
  216. of Exhibit A is included in each file of the Source Code for each Subsequent
  217. Work originating from that particular Subsequent Contributor, if such notice
  218. is not already included in each such file. If it is not possible to put such
  219. notice in a particular Source Code file due to its structure, then the Subsequent
  220. Contributor must include such notice in a location (such as a relevant directory
  221. in which the file is stored) where a user would be likely to look for such
  222. a notice.
  223. 3.5. NO DISTRIBUTION REQUIREMENTS FOR INTERNALLY USED MODIFICATIONS.
  224. Notwithstanding Sections 3.2, 3.3 and 3.4, Recipient may, internally within
  225. its own corporation or organization use the Licensed Work, including the Initial
  226. Work and Subsequent Works, and make Modifications for internal use within
  227. Recipient's own corporation or organization (collectively, "INTERNAL USE MODIFICATIONS").
  228. The Recipient shall have no obligation to distribute, in either Source Code
  229. or Executable form, any such Internal Use Modifications made by Recipient
  230. in the course of such internal use, except where required below in this Section
  231. 3.5. All Internal Use Modifications distributed to any Person, whether or
  232. not a Third Party, shall be distributed pursuant to and be accompanied by
  233. the terms of this License. If the Recipient chooses to distribute any such
  234. Internal Use Modifications to any Third Party, then the Recipient shall be
  235. deemed a Subsequent Contributor, and any such Internal Use Modifications distributed
  236. to any Third Party shall be deemed a Subsequent Work originating from that
  237. Subsequent Contributor, and shall from the first such instance become part
  238. of the Licensed Work that must thereafter be distributed and made available
  239. to third parties in accordance with the terms of Sections 3.1 to 3.4 inclusive.
  240. 3.6. INDEPENDENT MODULES.
  241. This License shall not apply to Independent Modules of any Initial Contributor,
  242. Subsequent Contributor, Distributor or any Recipient, and such Independent
  243. Modules may be licensed or made available under one or more separate license
  244. agreements.
  245. 3.7. LARGER WORKS.
  246. Any Distributor or Recipient may create or contribute to a Larger Work by
  247. combining any of the Licensed Work with other code not governed by the terms
  248. of this License, and may distribute the Larger Work as one or more products.
  249. However, in any such case, Distributor or Recipient (as the case may be) must
  250. make sure that the requirements of this License are fulfilled for the Licensed
  251. Work portion of the Larger Work.
  252. 3.8. DESCRIPTION OF DISTRIBUTED MODIFICATIONS.
  253. (a) Each Subsequent Contributor (including the Initial Contributor where the
  254. Initial Contributor also qualifies as a Subsequent Contributor) must cause
  255. each Subsequent Work created or contributed to by that Subsequent Contributor
  256. to contain a file documenting the changes, in accordance with the requirements
  257. of Part 1 of the Supplement File, that such Subsequent Contributor made in
  258. the creation or contribution to that Subsequent Work. If no Supplement File
  259. exists or no requirements are set out in Part 1 of the Supplement File, then
  260. there are no requirements for Subsequent Contributors to document changes
  261. that they make resulting in Subsequent Works.
  262. (b) The Initial Contributor may at any time introduce requirements or add
  263. to or change earlier requirements (in each case, the "EARLIER DESCRIPTION
  264. REQUIREMENTS") for documenting changes resulting in Subsequent Works by revising
  265. Part 1 of each copy of the Supplement File distributed by the Initial Contributor
  266. with future copies of the Licensed Work so that Part 1 then contains new requirements
  267. (the "NEW DESCRIPTION REQUIREMENTS") for documenting such changes.
  268. (c) Any Recipient receiving at any time any copy of an Initial Work or any
  269. Subsequent Work under a copy of this License (in each case, an "Earlier LICENSED
  270. COPY") having the Earlier Description Requirements may choose, with respect
  271. to each such Earlier Licensed Copy, to comply with the Earlier Description
  272. Requirements or the New Description Requirements. Where a Recipient chooses
  273. to comply with the New Description Requirements, that Recipient will, when
  274. thereafter distributing any copies of any such Earlier Licensed Copy, include
  275. a Supplement File having a section entitled Part 1 that contains a copy of
  276. the New Description Requirements.
  277. (d) For greater certainty, the intent of Part 1 of the Supplement File is
  278. to provide a mechanism (if any) by which Subsequent Contributors must document
  279. changes that they make to the Licensed Work resulting in Subsequent Works.
  280. Part 1 of any Supplement File shall not be used to increase or reduce the
  281. scope of the license granted in Article 2 of this License or in any other
  282. way increase or decrease the rights and obligations of any Recipient, and
  283. shall at no time serve as the basis for terminating the License. Further,
  284. a Recipient can be required to correct and change its documentation procedures
  285. to comply with Part 1 of the Supplement File, but cannot be penalised with
  286. damages. Part 1 of any Supplement File is only binding on each Recipient of
  287. any Licensed Work to the extent Part 1 sets out the requirements for documenting
  288. changes to the Initial Work or any Subsequent Work.
  289. (e) An example of a set of requirements for documenting changes and contributions
  290. made by Subsequent Contributor is set out in Part 7 of Exhibit A of this License.
  291. Part 7 is a sample only and is not binding on Recipients, unless (subject
  292. to the earlier paragraphs of this Section 3.8) those are the requirements
  293. that the Initial Contributor includes in Part 1 of the Supplement File with
  294. the copies of the Initial Work distributed under this License.
  295. 3.9. USE OF DISTRIBUTOR NAME.
  296. The name of a Distributor may not be used by any other Distributor to endorse
  297. or promote the Licensed Work or products derived from the Licensed Work, without
  298. prior written permission.
  299. 3.10. LIMITED RECOGNITION OF INITIAL CONTRIBUTOR.
  300. (a) As a modest attribution to the Initial Contributor, in the hope that its
  301. promotional value may help justify the time, money and effort invested in
  302. writing the Initial Work, the Initial Contributor may include in Part 2 of
  303. the Supplement File a requirement that each time an executable program resulting
  304. from the Initial Work or any Subsequent Work, or a program dependent thereon,
  305. is launched or run, a prominent display of the Initial Contributor's attribution
  306. information must occur (the "ATTRIBUTION INFORMATION"). The Attribution Information
  307. must be included at the beginning of each Source Code file. For greater certainty,
  308. the Initial Contributor may specify in the Supplement File that the above
  309. attribution requirement only applies to an executable program resulting from
  310. the Initial Work or any Subsequent Work, but not a program dependent thereon.
  311. The intent is to provide for reasonably modest attribution, therefore the
  312. Initial Contributor may not require Recipients to display, at any time, more
  313. than the following Attribution Information: (a) a copyright notice including
  314. the name of the Initial Contributor; (b) a word or one phrase (not exceeding
  315. 10 words); (c) one digital image or graphic provided with the Initial Work;
  316. and (d) a URL (collectively, the "ATTRIBUTION LIMITS").
  317. (b) If no Supplement File exists, or no Attribution Information is set out
  318. in Part 2 of the Supplement File, then there are no requirements for Recipients
  319. to display any Attribution Information of the Initial Contributor.
  320. (c) Each Recipient acknowledges that all trademarks, service marks and/or
  321. trade names contained within Part 2 of the Supplement File distributed with
  322. the Licensed Work are the exclusive property of the Initial Contributor and
  323. may only be used with the permission of the Initial Contributor, or under
  324. circumstances otherwise permitted by law, or as expressly set out in this
  325. License.
  326. 3.11. For greater certainty, any description or attribution provisions contained
  327. within a Supplement File may only be used to specify the nature of the description
  328. or attribution requirements, as the case may be. Any provision in a Supplement
  329. File that otherwise purports to modify, vary, nullify or amend any right,
  330. obligation or representation contained herein shall be deemed void to that
  331. extent, and shall be of no force or effect.
  332. 4. COMMERCIAL USE AND INDEMNITY.
  333. 4.1. COMMERCIAL SERVICES.
  334. A Recipient ("COMMERCIAL RECIPIENT") may choose to offer, and to charge a
  335. fee for, warranty, support, indemnity or liability obligations (collectively,
  336. "SERVICES") to one or more other Recipients or Distributors. However, such
  337. Commercial Recipient may do so only on that Commercial Recipient's own behalf,
  338. and not on behalf of any other Distributor or Recipient, and Commercial Recipient
  339. must make it clear than any such warranty, support, indemnity or liability
  340. obligation(s) is/are offered by Commercial Recipient alone. At no time may
  341. Commercial Recipient use any Services to deny any party the Licensed Work
  342. in Source Code or Executable form when so required under any of the other
  343. terms of this License. For greater certainty, this Section 4.1 does not diminish
  344. any of the other terms of this License, including without limitation the obligation
  345. of the Commercial Recipient as a Distributor, when distributing any of the
  346. Licensed Work in Source Code or Executable form, to make such distribution
  347. royalty-free (subject to the right to charge a fee of no more than the cost
  348. of physically performing Source Code or Executable distribution (as the case
  349. may be)).
  350. 4.2. INDEMNITY.
  351. Commercial distributors of software may accept certain responsibilities with
  352. respect to end users, business partners and the like. While this License is
  353. intended to facilitate the commercial use of the Licensed Work, the Distributor
  354. who includes any of the Licensed Work in a commercial product offering should
  355. do so in a manner which does not create potential liability for other Distributors.
  356. Therefore, if a Distributor includes the Licensed Work in a commercial product
  357. offering or offers any Services, such Distributor ("COMMERCIAL DISTRIBUTOR")
  358. hereby agrees to defend and indemnify every other Distributor or Subsequent
  359. Contributor (in each case an "INDEMNIFIED PARTY") against any losses, damages
  360. and costs (collectively "LOSSES") arising from claims, lawsuits and other
  361. legal actions brought by a third party against the Indemnified Party to the
  362. extent caused by the acts or omissions of such Commercial Distributor in connection
  363. with its distribution of any of the Licensed Work in a commercial product
  364. offering or in connection with any Services. The obligations in this section
  365. do not apply to any claims or Losses relating to any actual or alleged intellectual
  366. property infringement. In order to qualify, an Indemnified Party must: (a)
  367. promptly notify the Commercial Distributor in writing of such claim; and (b)
  368. allow the Commercial Distributor to control, and co-operate with the Commercial
  369. Distributor in, the defense and any related settlement negotiations. The Indemnified
  370. Party may participate in any such claim at its own expense.
  371. 5. VERSIONS OF THE LICENSE.
  372. 5.1. NEW VERSIONS.
  373. The Initial Contributor may publish revised and/or new versions of the License
  374. from time to time. Each version will be given a distinguishing version number.
  375. 5.2. EFFECT OF NEW VERSIONS.
  376. Once the Licensed Work or any portion thereof has been published by Initial
  377. Contributor under a particular version of the License, Recipient may choose
  378. to continue to use it under the terms of that version. However, if a Recipient
  379. chooses to use the Licensed Work under the terms of any subsequent version
  380. of the License published by the Initial Contributor, then from the date of
  381. making this choice, the Recipient must comply with the terms of that subsequent
  382. version with respect to all further reproduction, preparation of derivative
  383. works, public display of, public performance of, distribution and sublicensing
  384. by the Recipient in connection with the Licensed Work. No one other than the
  385. Initial Contributor has the right to modify the terms applicable to the Licensed
  386. Work
  387. 6. DISCLAIMER OF WARRANTY.
  388. 6.1. GENERAL DISCLAIMER.
  389. EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE LICENSED WORK IS PROVIDED
  390. UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY,
  391. GUARANTEE, ASSURANCE OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
  392. INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
  393. MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO
  394. THE QUALITY AND PERFORMANCE OF THE LICENSED WORK IS WITH RECIPIENT. SHOULD
  395. ANY LICENSED WORK PROVE DEFECTIVE IN ANY RESPECT, RECIPIENT (NOT THE INITIAL
  396. CONTRIBUTOR OR ANY SUBSEQUENT CONTRIBUTOR) ASSUMES THE COST OF ANY NECESSARY
  397. SERVICING, REPAIR OR CORRECTION. THIS CLAUSE CONSTITUTES AN ESSENTIAL PART
  398. OF THIS LICENSE. NO USE OF ANY LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT
  399. UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION THIS DISCLAIMER.
  400. 6.2. RESPONSIBILITY OF RECIPIENTS.
  401. Each Recipient is solely responsible for determining the appropriateness of
  402. using and distributing the Licensed Work and assumes all risks associated
  403. with its exercise of rights under this License, including but not limited
  404. to the risks and costs of program errors, compliance with applicable laws,
  405. damage to or loss of data, programs or equipment, and unavailability or interruption
  406. of operations.
  407. 7. TERMINATION.
  408. 7.1. This License shall continue until terminated in accordance with the express
  409. terms herein.
  410. 7.2. Recipient may choose to terminate this License automatically at any time.
  411. 7.3. This License, including without limitation the rights granted hereunder
  412. to a particular Recipient, will terminate automatically if such Recipient
  413. is in material breach of any of the terms of this License and fails to cure
  414. such breach within sixty (60) days of becoming aware of the breach. Without
  415. limiting the foregoing, any material breach by such Recipient of any term
  416. of any other License under which such Recipient is granted any rights to the
  417. Licensed Work shall constitute a material breach of this License.
  418. 7.4. Upon termination of this License by or with respect to a particular Recipient
  419. for any reason, all rights granted hereunder and under any other License to
  420. that Recipient shall terminate. However, all sublicenses to the Licensed Work
  421. which were previously properly granted by such Recipient under a copy of this
  422. License (in each case, an "Other License" and in plural, "Other Licenses")
  423. shall survive any such termination of this License, including without limitation
  424. the rights and obligations under such Other Licenses as set out in their respective
  425. Sections 2, 3, 4, 5, 6, 7 and 8, mutatis mutandis, for so long as the respective
  426. sublicensees (i.e. other Recipients) remain in compliance with the terms of
  427. the copy of this License under which such sublicensees received rights to
  428. the Licensed Work. Any termination of such Other Licenses shall be pursuant
  429. to their respective Section 7, mutatis mutandis. Provisions which, by their
  430. nature, must remain in effect beyond the termination of this License shall
  431. survive.
  432. 7.5. Upon any termination of this License by or with respect to a particular
  433. Recipient, Sections 4.1, 4.2, 6.1, 6.2, 7.4, 7.5, 8.1, and 8.2, together with
  434. all provisions of this License necessary for the interpretation and enforcement
  435. of same, shall expressly survive such termination.
  436. 8. LIMITATION OF LIABILITY.
  437. 8.1. IN NO EVENT SHALL ANY OF INITIAL CONTRIBUTOR, ITS SUBSIDIARIES, OR AFFILIATES,
  438. OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS
  439. (AS THE CASE MAY BE), HAVE ANY LIABILITY FOR ANY DIRECT DAMAGES, INDIRECT
  440. DAMAGES, PUNITIVE DAMAGES, INCIDENTAL DAMAGES, SPECIAL DAMAGES, EXEMPLARY
  441. DAMAGES, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING
  442. WITHOUT LIMITATION LOSS OF USE, DATA OR PROFITS, OR ANY OTHER LOSS ARISING
  443. OUT OF OR IN ANY WAY RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE,
  444. PERFORMANCE, OR NON-PERFORMANCE OF THE LICENSED WORK OR ANY PART THEREOF OR
  445. THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR THAT RESULT FROM
  446. ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER
  447. FAILURE OF PERFORMANCE), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
  448. IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
  449. IN RELATION TO OR ARISING IN ANY WAY OUT OF THIS LICENSE OR THE USE OR DISTRIBUTION
  450. OF THE LICENSED WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN
  451. IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
  452. SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
  453. PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
  454. THIS CLAUSE CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY LICENSED
  455. WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION
  456. THE LIMITATIONS SET FORTH IN THIS SECTION 8.1.
  457. 8.2. EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, EACH RECIPIENT SHALL NOT
  458. HAVE ANY LIABILITY FOR ANY EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
  459. WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
  460. WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
  461. ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE LICENSED WORK OR
  462. THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY
  463. OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY
  464. FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE
  465. EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
  466. 9. GOVERNING LAW AND LEGAL ACTION.
  467. 9.1. This License shall be governed by and construed in accordance with the
  468. laws of the Governing Jurisdiction assigned in Part 3 of Exhibit A, without
  469. regard to its conflict of law provisions. No party may bring a legal action
  470. under this License more than one year after the cause of the action arose.
  471. Each party waives its rights (if any) to a jury trial in any litigation arising
  472. under this License. Note that if the Governing Jurisdiction is not assigned
  473. in Part 3 of Exhibit A, then the Governing Jurisdiction shall be the State
  474. of New York.
  475. 9.2. The courts of the Governing Jurisdiction shall have jurisdiction, but
  476. not exclusive jurisdiction, to entertain and determine all disputes and claims,
  477. whether for specific performance, injunction, damages or otherwise, both at
  478. law and in equity, arising out of or in any way relating to this License,
  479. including without limitation, the legality, validity, existence and enforceability
  480. of this License. Each party to this License hereby irrevocably attorns to
  481. and accepts the jurisdiction of the courts of the Governing Jurisdiction for
  482. such purposes.
  483. 9.3. Except as expressly set forth elsewhere herein, in the event of any action
  484. or proceeding brought by any party against another under this License the
  485. prevailing party shall be entitled to recover all costs and expenses including
  486. the fees of its attorneys in such action or proceeding in such amount as the
  487. court may adjudge reasonable.
  488. 10. MISCELLANEOUS.
  489. 10.1. The obligations imposed by this License are for the benefit of the Initial
  490. Contributor and any Recipient, and each Recipient acknowledges and agrees
  491. that the Initial Contributor and/or any other Recipient may enforce the terms
  492. and conditions of this License against any Recipient.
  493. 10.2. This License represents the complete agreement concerning subject matter
  494. hereof, and supersedes and cancels all previous oral and written communications,
  495. representations, agreements and understandings between the parties with respect
  496. to the subject matter hereof.
  497. 10.3. The application of the United Nations Convention on Contracts for the
  498. International Sale of Goods is expressly excluded.
  499. 10.4. The language in all parts of this License shall be in all cases construed
  500. simply according to its fair meaning, and not strictly for or against any
  501. of the parties hereto. Any law or regulation which provides that the language
  502. of a contract shall be construed against the drafter shall not apply to this
  503. License.
  504. 10.5. If any provision of this License is invalid or unenforceable under the
  505. laws of the Governing Jurisdiction, it shall not affect the validity or enforceability
  506. of the remainder of the terms of this License, and without further action
  507. by the parties hereto, such provision shall be reformed to the minimum extent
  508. necessary to make such provision valid and enforceable.
  509. 10.6. The paragraph headings of this License are for reference and convenience
  510. only and are not a part of this License, and they shall have no effect upon
  511. the construction or interpretation of any part hereof.
  512. 10.7. Each of the terms "including", "include" and "includes", when used in
  513. this License, is not limiting whether or not non-limiting language (such as
  514. "without limitation" or "but not limited to" or words of similar import) is
  515. used with reference thereto.
  516. 10.8. The parties hereto acknowledge they have expressly required that this
  517. License and notices relating thereto be drafted in the English language. //***THE
  518. LICENSE TERMS END HERE (OTHER THAN AS SET OUT IN EXHIBIT A).***//
  519. EXHIBIT A (to the Adaptive Public License)
  520. PART 1: INITIAL CONTRIBUTOR AND DESIGNATED WEB SITE
  521. The Initial Contributor is:
  522. ________________________________________________
  523. [Enter full name of Initial Contributor]
  524. Address of Initial Contributor:
  525. ________________________________________________
  526. ________________________________________________
  527. ________________________________________________
  528. [Enter address above]
  529. The Designated Web Site is:
  530. ________________________________________________
  531. [Enter URL for Designated Web Site of Initial Contributor]
  532. NOTE: The Initial Contributor is to complete this Part 1, along with Parts
  533. 2, 3, and 5, and, if applicable, Parts 4 and 6.
  534. PART 2: INITIAL WORK
  535. The Initial Work comprises the computer program(s) distributed by the Initial
  536. Contributor having the following title(s): _______________________________________________.
  537. The date on which the Initial Work was first available under this License:
  538. _________________
  539. PART 3: GOVERNING JURISDICTION
  540. For the purposes of this License, the Governing Jurisdiction is _________________________________________________.
  541. [Initial Contributor to Enter Governing Jurisdiction here]
  542. PART 4: THIRD PARTIES
  543. For the purposes of this License, "Third Party" has the definition set forth
  544. below in the ONE paragraph selected by the Initial Contributor from paragraphs
  545. A, B, C, D and E when the Initial Work is distributed or otherwise made available
  546. by the Initial Contributor. To select one of the following paragraphs, the
  547. Initial Contributor must place an "X" or "x" in the selection box alongside
  548. the one respective paragraph selected.
  549. SELECTION
  550. BOX PARAGRAPH
  551. [ ] A. "THIRD PARTY" means any third party.
  552. [ ] B. "THIRD PARTY" means any third party except for any of the following:
  553. (a) a wholly owned subsidiary of the Subsequent Contributor in question; (b)
  554. a legal entity (the "PARENT") that wholly owns the Subsequent Contributor
  555. in question; or (c) a wholly owned subsidiary of the wholly owned subsidiary
  556. in (a) or of the Parent in (b).
  557. [ ] C. "THIRD PARTY" means any third party except for any of the following:
  558. (a) any Person directly or indirectly owning a majority of the voting interest
  559. in the Subsequent Contributor or (b) any Person in which the Subsequent Contributor
  560. directly or indirectly owns a majority voting interest.
  561. [ ] D. "THIRD PARTY" means any third party except for any Person directly
  562. or indirectly controlled by the Subsequent Contributor. For purposes of this
  563. definition, "control" shall mean the power to direct or cause the direction
  564. of, the management and policies of such Person whether through the ownership
  565. of voting interests, by contract, or otherwise.
  566. [ ] E. "THIRD PARTY" means any third party except for any Person directly
  567. or indirectly controlling, controlled by, or under common control with the
  568. Subsequent Contributor. For purposes of this definition, "control" shall mean
  569. the power to direct or cause the direction of, the management and policies
  570. of such Person whether through the ownership of voting interests, by contract,
  571. or otherwise.
  572. The default definition of "THIRD PARTY" is the definition set forth in paragraph
  573. A, if NONE OR MORE THAN ONE of paragraphs A, B, C, D or E in this Part 4 are
  574. selected by the Initial Contributor.
  575. PART 5: NOTICE
  576. THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THE ADAPTIVE PUBLIC LICENSE
  577. ("LICENSE") AS FIRST COMPLETED BY: ______________________ [Insert the name
  578. of the Initial Contributor here]. ANY USE, PUBLIC DISPLAY, PUBLIC PERFORMANCE,
  579. REPRODUCTION OR DISTRIBUTION OF, OR PREPARATION OF DERIVATIVE WORKS BASED
  580. ON, THE LICENSED WORK CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND
  581. ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE TERMS OF THE LICENSE. "LICENSED
  582. WORK" AND "RECIPIENT" ARE DEFINED IN THE LICENSE. A COPY OF THE LICENSE IS
  583. LOCATED IN THE TEXT FILE ENTITLED "LICENSE.TXT" ACCOMPANYING THE CONTENTS
  584. OF THIS FILE. IF A COPY OF THE LICENSE DOES NOT ACCOMPANY THIS FILE, A COPY
  585. OF THE LICENSE MAY ALSO BE OBTAINED AT THE FOLLOWING WEB SITE: ___________________________________________________[Insert
  586. Initial Contributor's Designated Web Site here]
  587. Software distributed under the License is distributed on an "AS IS" basis,
  588. WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
  589. the specific language governing rights and limitations under the License.
  590. PART 6: PATENT LICENSING TERMS
  591. For the purposes of this License, paragraphs A, B, C, D and E of this Part
  592. 6 of Exhibit A are only incorporated and form part of the terms of the License
  593. if the Initial Contributor places an "X" or "x" in the selection box alongside
  594. the YES answer to the question immediately below.
  595. Is this a Patents-Included License pursuant to Section 2.2 of the License?
  596. YES [ ]
  597. NO [ ]
  598. By default, if YES is not selected by the Initial Contributor, the answer
  599. is NO.
  600. A. For the purposes of the paragraphs in this Part 6 of Exhibit A, "LICENSABLE"
  601. means having the right to grant, to the maximum extent possible, whether at
  602. the time of the initial grant or subsequently acquired, any and all of the
  603. rights granted herein.
  604. B. The Initial Contributor hereby grants all Recipients a world-wide, royalty-free,
  605. non-exclusive license, subject to third party intellectual property claims,
  606. under patent claim(s) Licensable by the Initial Contributor that are or would
  607. be infringed by the making, using, selling, offering for sale, having made,
  608. importing, exporting, transfer or disposal of such Initial Work or any portion
  609. thereof. Notwithstanding the foregoing, no patent license is granted under
  610. this Paragraph B by the Initial Contributor: (1) for any code that the Initial
  611. Contributor deletes from the Initial Work (or any portion thereof) distributed
  612. by the Initial Contributor prior to such distribution; (2) for any Modifications
  613. made to the Initial Work (or any portion thereof) by any other Person; or
  614. (3) separate from the Initial Work (or portions thereof) distributed or made
  615. available by the Initial Contributor.
  616. C. Effective upon distribution by a Subsequent Contributor to a Third Party
  617. of any Modifications made by that Subsequent Contributor, such Subsequent
  618. Contributor hereby grants all Recipients a world-wide, royalty-free, non-exclusive
  619. license, subject to third party intellectual property claims, under patent
  620. claim(s) Licensable by such Subsequent Contributor that are or would be infringed
  621. by the making, using, selling, offering for sale, having made, importing,
  622. exporting, transfer or disposal of any such Modifications made by that Subsequent
  623. Contributor alone and/or in combination with its Subsequent Work (or portions
  624. of such combination) to make, use, sell, offer for sale, have made, import,
  625. export, transfer and otherwise dispose of:
  626. (1) Modifications made by that Subsequent Contributor (or portions thereof);
  627. and
  628. (2) the combination of Modifications made by that Subsequent Contributor with
  629. its Subsequent Work (or portions of such combination);
  630. (collectively and in each case, the "SUBSEQUENT CONTRIBUTOR VERSION").
  631. Notwithstanding the foregoing, no patent license is granted under this Paragraph
  632. C by such Subsequent Contributor: (1) for any code that such Subsequent Contributor
  633. deletes from the Subsequent Contributor Version (or any portion thereof) distributed
  634. by the Subsequent Contributor prior to such distribution; (2) for any Modifications
  635. made to the Subsequent Contributor Version (or any portion thereof) by any
  636. other Person; or (3) separate from the Subsequent Contributor Version (or
  637. portions thereof) distributed or made available by the Subsequent Contributor.
  638. D. Effective upon distribution of any Licensed Work by a Distributor to a
  639. Third Party, such Distributor hereby grants all Recipients a world-wide, royalty-free,
  640. non-exclusive license, subject to third party intellectual property claims,
  641. under patent claim(s) Licensable by such Distributor that are or would be
  642. infringed by the making, using, selling, offering for sale, having made, importing,
  643. exporting, transfer or disposal of any such Licensed Work distributed by such
  644. Distributor, to make, use, sell, offer for sale, have made, import, export,
  645. transfer and otherwise dispose of such Licensed Work or portions thereof (collectively
  646. and in each case, the "DISTRIBUTOR VERSION"). Notwithstanding the foregoing,
  647. no patent license is granted under this Paragraph D by such Distributor: (1)
  648. for any code that such Distributor deletes from the Distributor Version (or
  649. any portion thereof) distributed by the Distributor prior to such distribution;
  650. (2) for any Modifications made to the Distributor Version (or any portion
  651. thereof) by any other Person; or (3) separate from the Distributor Version
  652. (or portions thereof) distributed or made available by the Distributor.
  653. E. If Recipient institutes patent litigation against another Recipient (a
  654. "USER") with respect to a patent applicable to a computer program or software
  655. (including a cross-claim or counterclaim in a lawsuit, and whether or not
  656. any of the patent claims are directed to a system, method, process, apparatus,
  657. device, product, article of manufacture or any other form of patent claim),
  658. then any patent or copyright license granted by that User to such Recipient
  659. under this License or any other copy of this License shall terminate. The
  660. termination shall be effective ninety (90) days after notice of termination
  661. from User to Recipient, unless the Recipient withdraws the patent litigation
  662. claim before the end of the ninety (90) day period. To be effective, any such
  663. notice of license termination must include a specific list of applicable patents
  664. and/or a copy of the copyrighted work of User that User alleges will be infringed
  665. by Recipient upon License termination. License termination is only effective
  666. with respect to patents and/or copyrights for which proper notice has been
  667. given.
  668. PART 7: SAMPLE REQUIREMENTS FOR THE DESCRIPTION OF DISTRIBUTED MODIFICATIONS
  669. Each Subsequent Contributor (including the Initial Contributor where the Initial
  670. Contributor qualifies as a Subsequent Contributor) is invited (but not required)
  671. to cause each Subsequent Work created or contributed to by that Subsequent
  672. Contributor to contain a file documenting the changes such Subsequent Contributor
  673. made to create that Subsequent Work and the date of any change.
  674. //***EXHIBIT A ENDS HERE.***//
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