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- OCLC Research Public License 2.0
-
- Terms & Conditions Of Use
-
- May, 2002
-
- Copyright © 2002. OCLC Online Computer Library Center, Inc. All Rights Reserved
-
- PLEASE READ THIS DOCUMENT CAREFULLY. BY DOWNLOADING OR USING THE CODE BASE
- AND/OR DOCUMENTATION ACCOMPANYING THIS LICENSE (THE "License"), YOU AGREE
- TO THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE.
-
- Section 1. Your Rights
-
- Subject to these terms and conditions of this License, the OCLC Office of
- Research (the "Original Contributor") and each subsequent contributor (collectively
- with the Original Contributor, the "Contributors") hereby grant you a non-exclusive,
- worldwide, no-charge, transferable license to execute, prepare derivative
- works of, and distribute (internally and externally), for commercial and noncommercial
- purposes, the original code contributed by Original Contributor and all Modifications
- (collectively called the "Program").
-
- Section 2. Definitions
-
- A "Modification" to the Program is any addition to or deletion from the contents
- of any file of the Program and any new file that contains any part of the
- Program. If you make a Modification and distribute the Program externally
- you are a "Contributor." The distribution of the Program must be under the
- terms of this license including those in Section 3 below.
-
- A "Combined Work" results from combining and integrating all or parts of the
- Program with other code. A Combined Work may be thought of as having multiple
- parents or being result of multiple lines of code development.
-
- Section 3. Distribution Licensing Terms
-
- A. General Requirements
-
- Except as necessary to recognize third-party rights or third-party restriction
- (see below), a distribution of the Program in any of the forms listed below
- must not put any further restrictions on the recipient's exercise of the rights
- granted herein.
-
- As a Contributor, you represent that your Modification(s) are your original
- creation(s) and, to the best of your knowledge, no third party has any claim
- (including but not limited to intellectual property claims) relating to your
- Modification(s). You represent that each of your Modifications includes complete
- details of any third-party right or other third-party restriction associated
- with any part of your Modification (including a copy of any applicable license
- agreement).
-
- The Program must be distributed without charge beyond the costs of physically
- transferring the files to the recipient.
-
- This Warranty Disclaimer/Limitation of Liability must be prominently displayed
- with every distribution of the Program in any form:
-
- YOU AGREE THAT THE PROGRAM IS PROVIDED AS-IS, WITHOUT WARRANTY OF ANY KIND
- (EITHER EXPRESS OR IMPLIED). ACCORDINGLY, OCLC MAKES NO WARRANTIES, REPRESENTATIONS
- OR GUARANTEES, EITHER EXPRESS OR IMPLIED, AND DISCLAIMS ALL SUCH WARRANTIES,
- REPRESENTATIONS OR GUARANTEES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
- WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, AS TO:
- (A) THE FUNCTIONALITY OR NONINFRINGEMENT OF PROGRAM, ANY MODIFICATION, A COMBINED
- WORK OR AN AGGREGATE WORK; OR (B) THE RESULTS OF ANY PROJECT UNDERTAKEN USING
- THE PROGRAM, ANY MODIFICATION, A COMBINED WORK OR AN AGGREGATE WORK. IN NO
- EVENT SHALL THE CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
- SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES (INCLUDING, BUT NOT
- LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA,
- OR PROFITS; OR BUSINESS INTERRUPTION) 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 OF THE PROGRAM, EVEN IF ADVISED
- OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY WAIVE ANY CLAIMS FOR DAMAGES
- OF ANY KIND AGAINST CONTRIBUTORS WHICH MAY RESULT FROM YOUR USE OF THE PROGRAM.
-
- B. Requirements for a Distribution of Modifiable Code
-
- If you distribute the Program in a form to which the recipient can make Modifications
- (e.g. source code), the terms of this license apply to use by recipient. In
- addition, each source and data file of the Program and any Modification you
- distribute must contain the following notice:
-
- " Copyright (c) 2000- (insert then current year) OCLC Online Computer Library
- Center, Inc. and other contributors . All rights reserved. The contents of
- this file, as updated from time to time by the OCLC Office of Research, are
- subject to OCLC Research Public License Version 2.0 (the "License"); you may
- not use this file except in compliance with the License. You may obtain a
- current copy of the License at http://purl.oclc.org/oclc/research/ORPL/. 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. This software
- consists of voluntary contributions made by many individuals on behalf of
- OCLC Research. For more information on OCLC Research, please see http://www.oclc.org/research/.
- The Original Code is ______________________________ . The Initial Developer
- of the Original Code is ________________________ . Portions created by ______________________
- are Copyright (C) ____________________________ . All Rights Reserved. Contributor(s):
- ______________________________________ . "
-
- C. Requirements for a Distribution of Non-modifiable Code
-
- If you distribute the Program in a form to which the recipient cannot make
- Modifications (e.g. object code), the terms of this license apply to use by
- recipient and you must include the following statement in appropriate and
- conspicuous locations:
-
- "Copyright (c) 2000- (insert then current year) OCLC Online Computer Library
- Center, Inc. and other contributors. All rights reserved."
-
- In addition, the source code must be included with the object code distribution
- or the distributor must provide the source code to the recipient upon request.
-
- D. Requirements for a Combined Work Distribution
-
- Distributions of Combined Works are subject to the terms of this license and
- must be made at no charge to the recipient beyond the costs of physically
- transferring the files to recipient.
-
- A Combined Work may be distributed as either modifiable or non-modifiable
- code. The requirements of Section 3.B or 3.C above (as appropriate) apply
- to such distributions.
-
- An "Aggregate Work" is when the Program exists, without integration, with
- other programs on a storage medium. This License does not apply to portions
- of an Aggregate Work which are not covered by the definition of "Program"
- provided in this License. You are not forbidden from selling an Aggregate
- Work. However, the Program contained in an Aggregate Work is subject to this
- License. Also, should the Program be extracted from an Aggregate Work, this
- License applies to any use of the Program apart from the Aggregate Work.
-
- Section 4. License Grant
-
- For purposes of permitting use of your Modifications by OCLC and other licensees
- hereunder, you hereby grant to OCLC and such other licensees the non-exclusive,
- worldwide, royalty-free, transferable, sublicenseable license to execute,
- copy, alter, delete, modify, adapt, change, revise, enhance, develop, publicly
- display, distribute (internally and externally) and/or create derivative works
- based on your Modifications (and derivative works thereof) in accordance with
- these Terms. This Section 4 shall survive termination of this License for
- any reason.
-
- Section 5. Termination of Rights
-
- This non-exclusive license (with respect to the grant from a particular Contributor)
- automatically terminates for any entity that initiates legal action for intellectual
- property infringement (with respect to the Program) against such Contributor
- as of the initiation of such action.
-
- If you fail to comply with this License, your rights (but not your obligations)
- under this License shall terminate automatically unless you cure such breach
- within thirty (30) days of becoming aware of the noncompliance. All sublicenses
- granted by you which preexist such termination and are properly granted shall
- survive such termination.
-
- Section 6. Other Terms
-
- Except for the copyright notices required above, you may not use any trademark
- of any of the Contributors without the prior written consent of the relevant
- Contributor. You agree not to remove, alter or obscure any copyright or other
- proprietary rights notice contained in the Program.
-
- All transfers of the Program or any part thereof shall be made in compliance
- with U.S. import/export regulations or other restrictions of the U.S. Department
- of Commerce, as well as other similar trade or commerce restrictions which
- might apply.
-
- Any patent obtained by any party covering the Program or any part thereof
- must include a provision providing for the free, perpetual and unrestricted
- commercial and noncommercial use by any third party.
-
- If, as a consequence of a court judgment or settlement relating to intellectual
- property infringement or any other cause of action, conditions are imposed
- on you that contradict the conditions of this License, such conditions do
- not excuse you from compliance with this License. If you cannot distribute
- the Program so as to simultaneously satisfy your obligations under this License
- and such other conditions, you may not distribute the Program at all. For
- example, if a patent license would not permit royalty-free redistribution
- of the Program by all those who receive copies directly or indirectly through
- you, you could not satisfy both the patent license and this License, and you
- would be required to refrain entirely from distribution of the Program.
-
- If you learn of a third party claim or other restriction relating to a Program
- you have already distributed you shall promptly redo your Program to address
- the issue and take all reasonable steps to inform those who may have received
- the Program at issue. An example of an appropriate reasonable step to inform
- would be posting an announcement on an appropriate web bulletin board.
-
- The provisions of this License are deemed to be severable, and the invalidity
- or unenforceability of any provision shall not affect or impair the remaining
- provisions which shall continue in full force and effect. In substitution
- for any provision held unlawful, there shall be substituted a provision of
- similar import reflecting the original intent of the parties hereto to the
- extent permissible under law.
-
- The Original Contributor from time to time may change this License, and the
- amended license will apply to all copies of the Program downloaded after the
- new license is posted. This License grants only the rights expressly stated
- herein and provides you with no implied rights or licenses to the intellectual
- property of any Contributor.
-
- This License is the complete and exclusive statement of the agreement between
- the parties concerning the subject matter hereof and may not be amended except
- by the written agreement of the parties. This License shall be governed by
- and construed in accordance with the laws of the State of Ohio and the United
- States of America, without regard to principles of conflicts of law.
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