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- 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.***//
|