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  1. OCLC Research Public License 2.0
  2. Terms & Conditions Of Use
  3. May, 2002
  4. Copyright © 2002. OCLC Online Computer Library Center, Inc. All Rights Reserved
  5. PLEASE READ THIS DOCUMENT CAREFULLY. BY DOWNLOADING OR USING THE CODE BASE
  6. AND/OR DOCUMENTATION ACCOMPANYING THIS LICENSE (THE "License"), YOU AGREE
  7. TO THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE.
  8. Section 1. Your Rights
  9. Subject to these terms and conditions of this License, the OCLC Office of
  10. Research (the "Original Contributor") and each subsequent contributor (collectively
  11. with the Original Contributor, the "Contributors") hereby grant you a non-exclusive,
  12. worldwide, no-charge, transferable license to execute, prepare derivative
  13. works of, and distribute (internally and externally), for commercial and noncommercial
  14. purposes, the original code contributed by Original Contributor and all Modifications
  15. (collectively called the "Program").
  16. Section 2. Definitions
  17. A "Modification" to the Program is any addition to or deletion from the contents
  18. of any file of the Program and any new file that contains any part of the
  19. Program. If you make a Modification and distribute the Program externally
  20. you are a "Contributor." The distribution of the Program must be under the
  21. terms of this license including those in Section 3 below.
  22. A "Combined Work" results from combining and integrating all or parts of the
  23. Program with other code. A Combined Work may be thought of as having multiple
  24. parents or being result of multiple lines of code development.
  25. Section 3. Distribution Licensing Terms
  26. A. General Requirements
  27. Except as necessary to recognize third-party rights or third-party restriction
  28. (see below), a distribution of the Program in any of the forms listed below
  29. must not put any further restrictions on the recipient's exercise of the rights
  30. granted herein.
  31. As a Contributor, you represent that your Modification(s) are your original
  32. creation(s) and, to the best of your knowledge, no third party has any claim
  33. (including but not limited to intellectual property claims) relating to your
  34. Modification(s). You represent that each of your Modifications includes complete
  35. details of any third-party right or other third-party restriction associated
  36. with any part of your Modification (including a copy of any applicable license
  37. agreement).
  38. The Program must be distributed without charge beyond the costs of physically
  39. transferring the files to the recipient.
  40. This Warranty Disclaimer/Limitation of Liability must be prominently displayed
  41. with every distribution of the Program in any form:
  42. YOU AGREE THAT THE PROGRAM IS PROVIDED AS-IS, WITHOUT WARRANTY OF ANY KIND
  43. (EITHER EXPRESS OR IMPLIED). ACCORDINGLY, OCLC MAKES NO WARRANTIES, REPRESENTATIONS
  44. OR GUARANTEES, EITHER EXPRESS OR IMPLIED, AND DISCLAIMS ALL SUCH WARRANTIES,
  45. REPRESENTATIONS OR GUARANTEES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
  46. WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, AS TO:
  47. (A) THE FUNCTIONALITY OR NONINFRINGEMENT OF PROGRAM, ANY MODIFICATION, A COMBINED
  48. WORK OR AN AGGREGATE WORK; OR (B) THE RESULTS OF ANY PROJECT UNDERTAKEN USING
  49. THE PROGRAM, ANY MODIFICATION, A COMBINED WORK OR AN AGGREGATE WORK. IN NO
  50. EVENT SHALL THE CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
  51. SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES (INCLUDING, BUT NOT
  52. LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA,
  53. OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
  54. LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
  55. OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE PROGRAM, EVEN IF ADVISED
  56. OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY WAIVE ANY CLAIMS FOR DAMAGES
  57. OF ANY KIND AGAINST CONTRIBUTORS WHICH MAY RESULT FROM YOUR USE OF THE PROGRAM.
  58. B. Requirements for a Distribution of Modifiable Code
  59. If you distribute the Program in a form to which the recipient can make Modifications
  60. (e.g. source code), the terms of this license apply to use by recipient. In
  61. addition, each source and data file of the Program and any Modification you
  62. distribute must contain the following notice:
  63. " Copyright (c) 2000- (insert then current year) OCLC Online Computer Library
  64. Center, Inc. and other contributors . All rights reserved. The contents of
  65. this file, as updated from time to time by the OCLC Office of Research, are
  66. subject to OCLC Research Public License Version 2.0 (the "License"); you may
  67. not use this file except in compliance with the License. You may obtain a
  68. current copy of the License at http://purl.oclc.org/oclc/research/ORPL/. Software
  69. distributed under the License is distributed on an "AS IS" basis, WITHOUT
  70. WARRANTY OF ANY KIND, either express or implied. See the License for the specific
  71. language governing rights and limitations under the License. This software
  72. consists of voluntary contributions made by many individuals on behalf of
  73. OCLC Research. For more information on OCLC Research, please see http://www.oclc.org/research/.
  74. The Original Code is ______________________________ . The Initial Developer
  75. of the Original Code is ________________________ . Portions created by ______________________
  76. are Copyright (C) ____________________________ . All Rights Reserved. Contributor(s):
  77. ______________________________________ . "
  78. C. Requirements for a Distribution of Non-modifiable Code
  79. If you distribute the Program in a form to which the recipient cannot make
  80. Modifications (e.g. object code), the terms of this license apply to use by
  81. recipient and you must include the following statement in appropriate and
  82. conspicuous locations:
  83. "Copyright (c) 2000- (insert then current year) OCLC Online Computer Library
  84. Center, Inc. and other contributors. All rights reserved."
  85. In addition, the source code must be included with the object code distribution
  86. or the distributor must provide the source code to the recipient upon request.
  87. D. Requirements for a Combined Work Distribution
  88. Distributions of Combined Works are subject to the terms of this license and
  89. must be made at no charge to the recipient beyond the costs of physically
  90. transferring the files to recipient.
  91. A Combined Work may be distributed as either modifiable or non-modifiable
  92. code. The requirements of Section 3.B or 3.C above (as appropriate) apply
  93. to such distributions.
  94. An "Aggregate Work" is when the Program exists, without integration, with
  95. other programs on a storage medium. This License does not apply to portions
  96. of an Aggregate Work which are not covered by the definition of "Program"
  97. provided in this License. You are not forbidden from selling an Aggregate
  98. Work. However, the Program contained in an Aggregate Work is subject to this
  99. License. Also, should the Program be extracted from an Aggregate Work, this
  100. License applies to any use of the Program apart from the Aggregate Work.
  101. Section 4. License Grant
  102. For purposes of permitting use of your Modifications by OCLC and other licensees
  103. hereunder, you hereby grant to OCLC and such other licensees the non-exclusive,
  104. worldwide, royalty-free, transferable, sublicenseable license to execute,
  105. copy, alter, delete, modify, adapt, change, revise, enhance, develop, publicly
  106. display, distribute (internally and externally) and/or create derivative works
  107. based on your Modifications (and derivative works thereof) in accordance with
  108. these Terms. This Section 4 shall survive termination of this License for
  109. any reason.
  110. Section 5. Termination of Rights
  111. This non-exclusive license (with respect to the grant from a particular Contributor)
  112. automatically terminates for any entity that initiates legal action for intellectual
  113. property infringement (with respect to the Program) against such Contributor
  114. as of the initiation of such action.
  115. If you fail to comply with this License, your rights (but not your obligations)
  116. under this License shall terminate automatically unless you cure such breach
  117. within thirty (30) days of becoming aware of the noncompliance. All sublicenses
  118. granted by you which preexist such termination and are properly granted shall
  119. survive such termination.
  120. Section 6. Other Terms
  121. Except for the copyright notices required above, you may not use any trademark
  122. of any of the Contributors without the prior written consent of the relevant
  123. Contributor. You agree not to remove, alter or obscure any copyright or other
  124. proprietary rights notice contained in the Program.
  125. All transfers of the Program or any part thereof shall be made in compliance
  126. with U.S. import/export regulations or other restrictions of the U.S. Department
  127. of Commerce, as well as other similar trade or commerce restrictions which
  128. might apply.
  129. Any patent obtained by any party covering the Program or any part thereof
  130. must include a provision providing for the free, perpetual and unrestricted
  131. commercial and noncommercial use by any third party.
  132. If, as a consequence of a court judgment or settlement relating to intellectual
  133. property infringement or any other cause of action, conditions are imposed
  134. on you that contradict the conditions of this License, such conditions do
  135. not excuse you from compliance with this License. If you cannot distribute
  136. the Program so as to simultaneously satisfy your obligations under this License
  137. and such other conditions, you may not distribute the Program at all. For
  138. example, if a patent license would not permit royalty-free redistribution
  139. of the Program by all those who receive copies directly or indirectly through
  140. you, you could not satisfy both the patent license and this License, and you
  141. would be required to refrain entirely from distribution of the Program.
  142. If you learn of a third party claim or other restriction relating to a Program
  143. you have already distributed you shall promptly redo your Program to address
  144. the issue and take all reasonable steps to inform those who may have received
  145. the Program at issue. An example of an appropriate reasonable step to inform
  146. would be posting an announcement on an appropriate web bulletin board.
  147. The provisions of this License are deemed to be severable, and the invalidity
  148. or unenforceability of any provision shall not affect or impair the remaining
  149. provisions which shall continue in full force and effect. In substitution
  150. for any provision held unlawful, there shall be substituted a provision of
  151. similar import reflecting the original intent of the parties hereto to the
  152. extent permissible under law.
  153. The Original Contributor from time to time may change this License, and the
  154. amended license will apply to all copies of the Program downloaded after the
  155. new license is posted. This License grants only the rights expressly stated
  156. herein and provides you with no implied rights or licenses to the intellectual
  157. property of any Contributor.
  158. This License is the complete and exclusive statement of the agreement between
  159. the parties concerning the subject matter hereof and may not be amended except
  160. by the written agreement of the parties. This License shall be governed by
  161. and construed in accordance with the laws of the State of Ohio and the United
  162. States of America, without regard to principles of conflicts of law.
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