com/options/license/NOSL

NETIZEN OPEN SOURCE LICENSE

Version 1.0

   1. Definitions.

1.0.1. "Commercial Use" means distribution or otherwise making the Covered
Code available to a third party.

1.1. "Contributor" means each entity that creates or contributes to the creation
of Modifications.

1.2. "Contributor Version" means the combination of the Original Code, prior
Modifications used by a Contributor, and the Modifications made by that particular
Contributor.

1.3. "Covered Code" means the Original Code or Modifications or the combination
of the Original Code and Modifications, in each case including portions thereof.

1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted
in the software development community for the electronic transfer of data.

      1.5. "Executable" means Covered Code in any form other than Source Code.

1.6. "Initial Developer" means the individual or entity identified as the
Initial Developer in the Source Code notice required by Exhibit A.

1.7. "Larger Work" means a work which combines Covered Code or portions thereof
with code not governed by the terms of this License.

      1.8. "License" means this document.

1.8.1. "Licensable" means having the right to grant, to the maximum extent
possible, whether at the time of the initial grant or subsequently acquired,
any and all of the rights conveyed herein.

1.9. "Modifications" means any addition to or deletion from the substance
or structure of either the Original Code or any previous Modifications. When
Covered Code is released as a series of files, a Modification is:

A. Any addition to or deletion from the contents of a file containing Original
Code or previous Modifications.

B. Any new file that contains any part of the Original Code or previous Modifications.

1.10. "Original Code" means Source Code of computer software code which is
described in the Source Code notice required by Exhibit A as Original Code,
and which, at the time of its release under this License is not already Covered
Code governed by this License.

1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter
acquired, including without limitation, method, process, and apparatus claims,
in any patent Licensable by grantor.

1.11. "Source Code" means the preferred form of the Covered Code for making
modifications to it, including all modules it contains, plus any associated
interface definition files, scripts used to control compilation and installation
of an Executable, or source code differential comparisons against either the
Original Code or another well known, available Covered Code of the Contributor's
choice. The Source Code can be in a compressed or archival form, provided
the appropriate decompression or de-archiving software is widely available
for no charge.

1.12. "You" (or "Your") means an individual or a legal entity exercising rights
under, and complying with all of the terms of, this License or a future version
of this License issued under Section 6.1. For legal entities, "You" includes
any entity which controls, is controlled by, or is under common control with
You. For purposes of this definition, "control" means (a) the power, direct
or indirect, to cause the direction or management of such entity, whether
by contract or otherwise, or (b) ownership of more than fifty percent (50%)
of the outstanding shares or beneficial ownership of such entity.

   2. Source Code License.

2.1. The Initial Developer Grant. The Initial Developer hereby grants You
a world-wide, royalty-free, non-exclusive license, subject to third party
intellectual property claims:

(a) under intellectual property rights (other than patent or trademark) Licensable
by Initial Developer to use, reproduce, modify, display, perform, sublicense
and distribute the Original Code (or portions thereof) with or without Modifications,
and/or as part of a Larger Work; and

(b) under Patents Claims infringed by the making, using or selling of Original
Code, to make, have made, use, practice, sell, and offer for sale, and/or
otherwise dispose of the Original Code (or portions thereof).

(c) the licenses granted in this Section 2.1(a) and (b) are effective on the
date Initial Developer first distributes Original Code under the terms of
this License.

(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1)
for code that You delete from the Original Code; 2) separate from the Original
Code; or 3) for infringements caused by: i) the modification of the Original
Code or ii) the combination of the Original Code with other software or devices.

      2.2. Contributor Grant.

Subject to third party intellectual property claims, each Contributor hereby
grants You a world-wide, royalty-free, non-exclusive license

(a) under intellectual property rights (other than patent or trademark) Licensable
by Contributor, to use, reproduce, modify, display, perform, sublicense and
distribute the Modifications created by such Contributor (or portions thereof)
either on an unmodified basis, with other Modifications, as Covered Code and/or
as part of a Larger Work; and

(b) under Patent Claims infringed by the making, using, or selling of Modifications
made by that Contributor either alone and/or in combination with its Contributor
Version (or portions of such combination), to make, use, sell, offer for sale,
have made, and/or otherwise dispose of: 1) Modifications made by that Contributor
(or portions thereof); and 2) the combination of Modifications made by that
Contributor with its Contributor Version (or portions of such combination).

(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
date Contributor first makes Commercial Use of the Covered Code.

(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1)
for any code that Contributor has deleted from the Contributor Version; 2)
separate from the Contributor Version; 3) for infringements caused by: i)
third party modifications of Contributor Version or ii) the combination of
Modifications made by that Contributor with other software (except as part
of the Contributor Version) or other devices; or 4) under Patent Claims infringed
by Covered Code in the absence of Modifications made by that Contributor.

   3. Distribution Obligations.

3.1. Application of License. The Modifications which You create or to which
You contribute are governed by the terms of this License, including without
limitation Section 2.2. The Source Code version of Covered Code may be distributed
only under the terms of this License or a future version of this License released
under Section 6.1, and You must include a copy of this License with every
copy of the Source Code You distribute. You may not offer or impose any terms
on any Source Code version that alters or restricts the applicable version
of this License or the recipients' rights hereunder. However, You may include
an additional document offering the additional rights described in Section
3.5.

3.2. Availability of Source Code. Any Modification which You create or to
which You contribute must be made available in Source Code form under the
terms of this License either on the same media as an Executable version or
via an accepted Electronic Distribution Mechanism to anyone to whom you made
an Executable version available; and if made available via Electronic Distribution
Mechanism, must remain available for at least twelve (12) months after the
date it initially became available, or at least six (6) months after a subsequent
version of that particular Modification has been made available to such recipients.
You are responsible for ensuring that the Source Code version remains available
even if the Electronic Distribution Mechanism is maintained by a third party.

3.3. Description of Modifications. You must cause all Covered Code to which
You contribute to contain a file documenting the changes You made to create
that Covered Code and the date of any change. You must include a prominent
statement that the Modification is derived, directly or indirectly, from Original
Code provided by the Initial Developer and including the name of the Initial
Developer in (a) the Source Code, and (b) in any notice in an Executable version
or related documentation in which You describe the origin or ownership of
the Covered Code.

      3.4. Intellectual Property Matters

         (a) Third Party Claims.

If Contributor has knowledge that a license under a third party's intellectual
property rights is required to exercise the rights granted by such Contributor
under Sections 2.1 or 2.2, Contributor must include a text file with the Source
Code distribution titled "LEGAL" which describes the claim and the party making
the claim in sufficient detail that a recipient will know whom to contact.
If Contributor obtains such knowledge after the Modification is made available
as described in Section 3.2, Contributor shall promptly modify the LEGAL file
in all copies Contributor makes available thereafter and shall take other
steps (such as notifying appropriate mailing lists or newsgroups) reasonably
calculated to inform those who received the Covered Code that new knowledge
has been obtained.

         (b) Contributor APIs.

If Contributor's Modifications include an application programming interface
and Contributor has knowledge of patent licenses which are reasonably necessary
to implement that API, Contributor must also include this information in the
LEGAL file.

         (c) Representations.

Contributor represents that, except as disclosed pursuant to Section 3.4(a)
above, Contributor believes that Contributor's Modifications are Contributor's
original creation(s) and/or Contributor has sufficient rights to grant the
rights conveyed by this License.

      3.5. Required Notices.

You must duplicate the notice in Exhibit A in each file of the Source Code.
If it is not possible to put such notice in a particular Source Code file
due to its structure, then You must include such notice in a location (such
as a relevant directory) where a user would be likely to look for such a notice.
If You created one or more Modification(s) You may add your name as a Contributor
to the notice described in Exhibit A. You must also duplicate this License
in any documentation for the Source Code where You describe recipients' rights
or ownership rights relating to Covered Code. You may choose to offer, and
to charge a fee for, warranty, support, indemnity or liability obligations
to one or more recipients of Covered Code. However, You may do so only on
Your own behalf, and not on behalf of the Initial Developer or any Contributor.
You must make it absolutely clear than any such warranty, support, indemnity
or liability obligation is offered by You alone, and You hereby agree to indemnify
the Initial Developer and every Contributor for any liability incurred by
the Initial Developer or such Contributor as a result of warranty, support,
indemnity or liability terms You offer.

      3.6. Distribution of Executable Versions.

You may distribute Covered Code in Executable form only if the requirements
of Section 3.1-3.5 have been met for that Covered Code, and if You include
a notice stating that the Source Code version of the Covered Code is available
under the terms of this License, including a description of how and where
You have fulfilled the obligations of Section 3.2. The notice must be conspicuously
included in any notice in an Executable version, related documentation or
collateral in which You describe recipients' rights relating to the Covered
Code. You may distribute the Executable version of Covered Code or ownership
rights under a license of Your choice, which may contain terms different from
this License, provided that You are in compliance with the terms of this License
and that the license for the Executable version does not attempt to limit
or alter the recipient's rights in the Source Code version from the rights
set forth in this License. If You distribute the Executable version under
a different license You must make it absolutely clear that any terms which
differ from this License are offered by You alone, not by the Initial Developer
or any Contributor. You hereby agree to indemnify the Initial Developer and
every Contributor for any liability incurred by the Initial Developer or such
Contributor as a result of any such terms You offer.

      3.7. Larger Works.

You may create a Larger Work by combining Covered Code with other code not
governed by the terms of this License and distribute the Larger Work as a
single LEDs product. In such a case, You must make sure the requirements of
this License are fulfilled for the Covered Code.

   4. Inability to Comply Due to Statute or Regulation.

If it is impossible for You to comply with any of the terms of this License
with respect to some or all of the Covered Code due to statute, judicial order,
or regulation then You must: (a) comply with the terms of this License to
the maximum extent possible; and (b) describe the limitations and the code
they affect. Such description must be included in the LEGAL file described
in Section 3.4 and must be included with all distributions of the Source Code.
Except to the extent prohibited by statute or regulation, such description
must be sufficiently detailed for a recipient of ordinary skill to be able
to understand it.

   5. Application of this License.

This License applies to code to which the Initial Developer has attached the
notice in Exhibit A and to related Covered Code.

   6. Versions of the License.

      6.1. New Versions.

Netizen Pty Ltd ("Netizen ") may publish revised and/or new versions of the
License from time to time. Each version will be given a distinguishing version
number.

      6.2. Effect of New Versions.

Once Covered Code has been published under a particular version of the License,
You may always continue to use it under the terms of that version. You may
also choose to use such Covered Code under the terms of any subsequent version
of the License published by Netizen. No one other than Netizen has the right
to modify the terms applicable to Covered Code created under this License.

      6.3. Derivative Works.

If You create or use a modified version of this License (which you may only
do in order to apply it to code which is not already Covered Code governed
by this License), You must (a) rename Your license so that the phrases "Netizen",
"NOSL" or any confusingly similar phrase do not appear in your license (except
to note that your license differs from this License) and (b) otherwise make
it clear that Your version of the license contains terms which differ from
the Netizen Open Source License and Xen Open Source License. (Filling in the
name of the Initial Developer, Original Code or Contributor in the notice
described in Exhibit A shall not of themselves be deemed to be modifications
of this License.)

   7. DISCLAIMER OF WARRANTY.

COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN
ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME
THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

7.1 To the extent permitted by law and except as expressly provided to the
contrary in this Agreement, all warranties whether express, implied, statutory
or otherwise, relating in any way to the subject matter of this Agreement
or to this Agreement generally, are excluded. Where legislation implies in
this Agreement any condition or warranty and that legislation avoids or prohibits
provisions in a contract excluding or modifying the application of or the
exercise of or liability under such term, such term shall be deemed to be
included in this Agreement. However, the liability of Supplier for any breach
of such term shall be limited, at the option of Supplier, to any one or more
of the following: if the breach related to goods: the replacement of the goods
or the supply of equivalent goods; the repair of such goods; the payment of
the cost of replacing the goods or of acquiring equivalent goods; or the payment
of the cost of having the goods repaired; and if the breach relates to services
the supplying of the services again; or the payment of the cost of having
the services supplied again.

   8. TERMINATION.

8.1. This License and the rights granted hereunder will terminate automatically
if You fail to comply with terms herein and fail to cure such breach within
30 days of becoming aware of the breach. All sublicenses to the Covered Code
which are properly granted shall survive any termination of this License.
Provisions which, by their nature, must remain in effect beyond the termination
of this License shall survive.

8.2. If You initiate litigation by asserting a patent infringement claim (excluding
declatory judgment actions) against Initial Developer or a Contributor (the
Initial Developer or Contributor against whom You file such action is referred
to as "Participant") alleging that:

(a) such Participant's Contributor Version directly or indirectly infringes
any patent, then any and all rights granted by such Participant to You under
Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant
terminate prospectively, unless if within 60 days after receipt of notice
You either: (i) agree in writing to pay Participant a mutually agreeable reasonable
royalty for Your past and future use of Modifications made by such Participant,
or (ii) withdraw Your litigation claim with respect to the Contributor Version
against such Participant. If within 60 days of notice, a reasonable royalty
and payment arrangement are not mutually agreed upon in writing by the parties
or the litigation claim is not withdrawn, the rights granted by Participant
to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration
of the 60 day notice period specified above.

(b) any software, hardware, or device, other than such Participant's Contributor
Version, directly or indirectly infringes any patent, then any rights granted
to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective
as of the date You first made, used, sold, distributed, or had made, Modifications
made by that Participant.

8.3. If You assert a patent infringement claim against Participant alleging
that such Participant's Contributor Version directly or indirectly infringes
any patent where such claim is resolved (such as by license or settlement)
prior to the initiation of patent infringement litigation, then the reasonable
value of the licenses granted by such Participant under Sections 2.1 or 2.2
shall be taken into account in determining the amount or value of any payment
or license.

8.4. In the event of termination under Sections 8.1 or 8.2 above, all end
user license agreements (excluding distributors and resellers) which have
been validly granted by You or any distributor hereunder prior to termination
shall survive termination.

   9. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF
ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO
YOU.

   10. U.S. GOVERNMENT END USERS.

The Covered Code is a "commercial item," as that term is defined in 48 C.F.R.
2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial
computer software documentation," as such terms are used in 48 C.F.R. 12.212
(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code
with only those rights set forth herein.

   11. MISCELLANEOUS.

This License represents the complete agreement concerning subject matter hereof.
If any provision of this License is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make it enforceable.

This Agreement shall be governed by and construed according to the law of
the State of Victoria. The parties irrevocably submit to the exclusive jurisdiction
of the Courts of Victoria and Australia and any Courts hearing appeals from
such Courts. This Agreement is deemed to have been made in Victoria.

The application of the United Nations Convention on Contracts for the International
Sale of Goods is expressly excluded. Any law or regulation which provides
that the language of a contract shall be construed against the drafter shall
not apply to this License.

   12. RESPONSIBILITY FOR CLAIMS.

As between Initial Developer and the Contributors, each party is responsible
for claims and damages arising, directly or indirectly, out of its utilization
of rights under this License and You agree to work with Initial Developer
and Contributors to distribute such responsibility on an equitable basis.
Nothing herein is intended or shall be deemed to constitute any admission
of liability.

   13. MULTIPLE-LICENSED CODE.

Initial Developer may designate portions of the Covered Code as "Multiple-Licensed".
"Multiple-Licensed" means that the Initial Developer permits you to utilize
portions of the Covered Code under Your choice of the NPL or the alternative
licenses, if any, specified by the Initial Developer in the file described
in Exhibit A. EXHIBIT A - Netizen Open Source License

``The contents of this file are subject to the Netizen Open Source License
Version 1.0 (the "License"); you may not use this file except in compliance
with the License. You may obtain a copy of the License at http://netizen.com.au/licenses/NOPL/

Software distributed under the License is distributed on an "AS IS" basis,
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
the specific language governing rights and limitations under the License.

The Original Code is ______________________________________.

The Initial Developer of the Original Code is ________________________. Portions
created by ______________________ are Copyright (C) ______ _______________________.
All Rights Reserved.

Contributor(s): ______________________________________.

Alternatively, the contents of this file may be used under the terms of the
_____ license (the "[___] License"), in which case the provisions of [______]
License are applicable instead of those above. If you wish to allow use of
your version of this file only under the terms of the [____] License and not
to allow others to use your version of this file under the NOSL, indicate
your decision by deleting the provisions above and replace them with the notice
and other provisions required by the [___] License. If you do not delete the
provisions above, a recipient may use your version of this file under either
the NOSL or the [___] License."

[NOTE: The text of this Exhibit A may differ slightly from the text of the
notices in the Source Code files of the Original Code. You should use the
text of this Exhibit A rather than the text found in the Original Code Source
Code for Your Modifications.]