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  1. OPEN PUBLIC LICENSE
  2. Version 1.0
  3. 1. Definitions.
  4. 1.1. "Contributor" means each entity that creates or contributes to the creation
  5. of Modifications.
  6. 1.2. "Contributor Version" means the combination of the Original Code, prior
  7. Modifications used by a Contributor, and the Modifications made by that particular
  8. Contributor.
  9. 1.3. "Covered Code" means the Original Code or Modifications or the combination
  10. of the Original Code and Modifications, in each case including portions thereof.
  11. 1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted
  12. in the software development community for the electronic transfer of data.
  13. 1.5. "Executable" means Covered Code in any form other than Source Code.
  14. 1.6. "Initial Developer" means the individual or entity identified as the
  15. Initial Developer in the Source Code notice required by Exhibit A.
  16. 1.7. "Larger Work" means a work, which combines Covered Code or portions thereof
  17. with code not governed by the terms of this License.
  18. 1.8. "License" means this document and the corresponding addendum described
  19. in section 6.4 below.
  20. 1.9. "Modifications" means any addition to or deletion from the substance
  21. or structure of either the Original Code or any previous Modifications. When
  22. Covered Code is released as a series of files, a Modification is:
  23. A. Any addition to or deletion from the contents of a file containing Original
  24. Code or previous Modifications.
  25. B. Any new file that contains any part of the Original Code or previous Modifications.
  26. 1.10. "Original Code" means Source Code of computer software code which is
  27. described in the Source Code notice required by Exhibit A as Original Code,
  28. and which, at the time of its release under this License is not already Covered
  29. Code governed by this License.
  30. 1.11. "Source Code" means the preferred form of the Covered Code for making
  31. modifications to it, including all modules it contains, plus any associated
  32. interface definition files, scripts used to control compilation and installation
  33. of an Executable, or a list of source code differential comparisons against
  34. either the Original Code or another well known, available Covered Code of
  35. the Contributor's choice. The Source Code can be in a compressed or archival
  36. form, provided the appropriate decompression or de-archiving software is widely
  37. available for no charge.
  38. 1.12. "You" means an individual or a legal entity exercising rights under,
  39. and complying with all of the terms of, this License or a future version of
  40. this License issued under Section 6.1. For legal entities, "You'' includes
  41. any entity which controls, is controlled by, or is under common control with
  42. You. For purposes of this definition, "control'' means (a) the power, direct
  43. or indirect, to cause the direction or management of such entity, whether
  44. by contract or otherwise, or (b) ownership of fifty percent (50%) or more
  45. of the outstanding shares or beneficial ownership of such entity.
  46. 1.13 "License Author" means Lutris Technologies, Inc.
  47. 2. Source Code License.
  48. 2.1. The Initial Developer Grant. The Initial Developer hereby grants You
  49. a worldwide, royalty-free, non-exclusive license, subject to third party intellectual
  50. property claims:
  51. (a) under intellectual property rights (other than patent or trademark) to
  52. use, reproduce, modify, display, perform, sublicense and distribute the Original
  53. Code (or portions thereof) with or without Modifications, or as part of a
  54. Larger Work; and
  55. (b) under patents now or hereafter owned or controlled by Initial Developer,
  56. to make, have made, use and sell (``offer to sell and import'') the Original
  57. Code (or portions thereof), but solely to the extent that any such patent
  58. is reasonably necessary to enable You to Utilize the Original Code (or portions
  59. thereof) and not to any greater extent that may be necessary to Utilize further
  60. Modifications or combinations.
  61. 2.2. Contributor Grant. Each Contributor hereby grants You a worldwide, royalty-free,
  62. non-exclusive license, subject to third party intellectual property claims:
  63. (a) under intellectual property rights (other than patent or trademark) to
  64. use, reproduce, modify, display, perform, sublicense and distribute the Modifications
  65. created by such Contributor (or portions thereof) either on an unmodified
  66. basis, with other Modifications, as Covered Code or as part of a Larger Work;
  67. and
  68. (b) under patents now or hereafter owned or controlled by Contributor, to
  69. to make, have made, use and sell (``offer to sell and import'') the Contributor
  70. Version (or portions thereof), but solely to the extent that any such patent
  71. is reasonably necessary to enable You to Utilize the Contributor Version (or
  72. portions thereof), and not to any greater extent that may be necessary to
  73. Utilize further Modifications or combinations
  74. 3. Distribution Obligations.
  75. 3.1. Application of License. The Modifications which You create or to which
  76. You contribute are governed by the terms of this License, including without
  77. limitation Section 2.2. The Source Code version of Covered Code may be distributed
  78. only under the terms of this License or a future version of this License released
  79. under Section 6.1, and You must include a copy of this License with every
  80. copy of the Source Code You distribute. You may not offer or impose any terms
  81. on any Source Code version that alters or restricts the applicable version
  82. of this License or the recipients' rights hereunder. However, You may include
  83. an additional document offering the additional rights described in Section
  84. 3.5.
  85. 3.2. Availability of Source Code. Any Modification which You create or to
  86. which You contribute must be made available, prior to any use, except for
  87. internal development and practice, in Source Code form under the terms of
  88. this License either on the same media as an Executable version or via an accepted
  89. Electronic Distribution Mechanism to anyone to whom you made an Executable
  90. version available; and if made available via Electronic Distribution Mechanism,
  91. must remain available for at least twelve (12) months after the date it initially
  92. became available, or at least six (6) months after a subsequent version of
  93. that particular Modification has been made available to such recipients. You
  94. shall notify the Initial Developer of the Modification and the location of
  95. the Source Code via the contact means provided for in the Developer Specific
  96. license. Initial Developer will be acting as maintainer of the Source Code
  97. and may provide an Electronic Distribution mechanism for the Modification
  98. to be made available.
  99. 3.3. Description of Modifications. You must cause all Covered Code to which
  100. you contribute to contain a file documenting the changes You made to create
  101. that Covered Code and the date of any change. You must include a prominent
  102. statement that the Modification is derived, directly or indirectly, from Original
  103. Code provided by the Initial Developer and including the name of the Initial
  104. Developer in (a) the Source Code, and (b) in any notice in an Executable version
  105. or related documentation in which You describe the origin or ownership of
  106. the Covered Code.
  107. 3.4. Intellectual Property Matters
  108. (a) Third Party Claims. If You have knowledge that a party claims an intellectual
  109. property right in particular functionality or code (or its utilization under
  110. this License), you must include a text file with the source code distribution
  111. titled "LEGAL" which describes the claim and the party making the claim in
  112. sufficient detail that a recipient will know whom to contact. If you obtain
  113. such knowledge after You make Your Modification available as described in
  114. Section 3.2, You shall promptly modify the LEGAL file in all copies You make
  115. available thereafter and shall take other steps (such as notifying appropriate
  116. mailing lists or newsgroups) reasonably calculated to inform those who received
  117. the Covered Code that new knowledge has been obtained.
  118. (b) Representations. Contributor represents that, except as disclosed pursuant
  119. to Section 3.4(a) above, Contributor believes that Contributor's Modifications
  120. are Contributor's original creation(s) and/or Contributor has sufficient rights
  121. to grant the rights conveyed by this License.
  122. 3.5. Required Notices. You must duplicate the notice in Exhibit A in each
  123. file of the Source Code, and this License in any documentation for the Source
  124. Code, where You describe recipients' rights relating to Covered Code. If You
  125. created one or more Modification(s), You may add your name as a Contributor
  126. to the notice described in Exhibit A. If it is not possible to put such notice
  127. in a particular Source Code file due to its structure, then you must include
  128. such notice in a location (such as a relevant directory file) where a user
  129. would be likely to look for such a notice. You may choose to offer, and to
  130. charge a fee for, warranty, support, indemnity or liability obligations to
  131. one or more recipients of Covered Code. However, You may do so only on Your
  132. own behalf, and not on behalf of the Initial Developer or any Contributor.
  133. You must make it absolutely clear that any such warranty, support, indemnity
  134. or liability obligation is offered by You alone, and You hereby agree to indemnify
  135. the Initial Developer and every Contributor for any liability incurred by
  136. the Initial Developer or such Contributor as a result of warranty, support,
  137. indemnity or liability terms You offer.
  138. 3.6. Distribution of Executable Versions. You may distribute Covered Code
  139. in Executable form only if the requirements of Section 3.1-3.5 have been met
  140. for that Covered Code, and if You include a notice stating that the Source
  141. Code version of the Covered Code is available under the terms of this License,
  142. including a description of how and where You have fulfilled the obligations
  143. of Section 3.2. The notice must be conspicuously included in any notice in
  144. an Executable version, related documentation or collateral in which You describe
  145. recipients' rights relating to the Covered Code. You may distribute the Executable
  146. version of Covered Code under a license of Your choice, which may contain
  147. terms different from this License, provided that You are in compliance with
  148. the terms of this License and that the license for the Executable version
  149. does not attempt to limit or alter the recipient's rights in the Source Code
  150. version from the rights set forth in this License. If You distribute the Executable
  151. version under a different license You must make it absolutely clear that any
  152. terms which differ from this License are offered by You alone, not by the
  153. Initial Developer or any Contributor. You hereby agree to indemnify the Initial
  154. Developer and every Contributor for any liability incurred by the Initial
  155. Developer or such Contributor as a result of any such terms You offer. If
  156. you distribute executable versions containing Covered Code, you must reproduce
  157. the notice in Exhibit B in the documentation and/or other materials provided
  158. with the product.
  159. 3.7. Larger Works. You may create a Larger Work by combining Covered Code
  160. with other code not governed by the terms of this License and distribute the
  161. Larger Work as a single product. In such a case, You must make sure the requirements
  162. of this License are fulfilled for the Covered Code.
  163. 4. Inability to Comply Due to Statute or Regulation.
  164. If it is impossible for You to comply with any of the terms of this License
  165. with respect to some or all of the Covered Code due to statute or regulation
  166. then You must: (a) comply with the terms of this License to the maximum extent
  167. possible; and (b) Cite all of the statutes or regulations that prohibit you
  168. from complying fully with this license. (c) describe the limitations and the
  169. code they affect. Such description must be included in the LEGAL file described
  170. in Section 3.4 and must be included with all distributions of the Source Code.
  171. Except to the extent prohibited by statute or regulation, such description
  172. must be sufficiently detailed for a recipient of ordinary skill to be able
  173. to understand it.
  174. 5. Application of this License.
  175. This License applies to code to which the Initial Developer has attached the
  176. notice in Exhibit A, and to related Covered Code.
  177. 6. Versions of the License.
  178. 6.1. New Versions. License Author may publish revised and/or new versions
  179. of the License from time to time. Each version will be given a distinguishing
  180. version number and shall be submitted to opensource.org for certification.
  181. 6.2. Effect of New Versions. Once Covered Code has been published under a
  182. particular version of the License, You may always continue to use it under
  183. the terms of that version. You may also choose to use such Covered Code under
  184. the terms of any subsequent version of the License published by Initial Developer.
  185. No one other than Initial Developer has the right to modify the terms applicable
  186. to Covered Code created under this License.
  187. 6.3. Derivative Works. If you create or use a modified version of this License,
  188. except in association with the required Developer Specific License described
  189. in section 6.4, (which you may only do in order to apply it to code which
  190. is not already Covered Code governed by this License), you must (a) rename
  191. Your license so that the phrases ``Open'', ``OpenPL'', ``OPL'' or any confusingly
  192. similar phrase do not appear anywhere in your license and (b) otherwise make
  193. it clear that your version of the license contains terms which differ from
  194. the Open Public License. (Filling in the name of the Initial Developer, Original
  195. Code or Contributor in the notice described in Exhibit A shall not of themselves
  196. be deemed to be modifications of this License.)
  197. 6.4. Required Additional Developer Specific License
  198. This license is a union of the following two parts that should be found as
  199. text files in the same place (directory), in the order of preeminence:
  200. [1] A Developer specific license.
  201. [2] The contents of this file OPL_1_0.TXT, stating the general licensing policy
  202. of the software.
  203. In case of conflicting dispositions in the parts of this license, the terms
  204. of the lower-numbered part will always be superseded by the terms of the higher
  205. numbered part.
  206. 7. DISCLAIMER OF WARRANTY.
  207. COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY
  208. OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
  209. THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
  210. PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
  211. OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN
  212. ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME
  213. THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
  214. OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
  215. CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
  216. 8. TERMINATION.
  217. 8.1 Termination upon Breach
  218. This License and the rights granted hereunder will terminate automatically
  219. if You fail to comply with terms herein and fail to cure such breach within
  220. 30 days of becoming aware of the breach. All sublicenses to the Covered Code,
  221. which are properly granted, shall survive any termination of this License.
  222. Provisions that, by their nature, must remain in effect beyond the termination
  223. of this License shall survive.
  224. 8.2. Termination Upon Litigation. If You initiate litigation by asserting
  225. a patent infringement claim (excluding declatory judgment actions) against
  226. Initial Developer or a Contributor (the Initial Developer or Contributor against
  227. whom You file such action is referred to as "Participant") alleging that:
  228. (a) such Participant's Contributor Version directly or indirectly infringes
  229. any patent, then any and all rights granted by such Participant to You under
  230. Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant
  231. terminate prospectively, unless if within 60 days after receipt of notice
  232. You either: (i) agree in writing to pay Participant a mutually agreeable reasonable
  233. royalty for Your past and future use of Modifications made by such Participant,
  234. or (ii) withdraw Your litigation claim with respect to the Contributor Version
  235. against such Participant. If within 60 days of notice, a reasonable royalty
  236. and payment arrangement are not mutually agreed upon in writing by the parties
  237. or the litigation claim is not withdrawn, the rights granted by Participant
  238. to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration
  239. of the 60 day notice period specified above.
  240. (b) any software, hardware, or device, other than such Participant's Contributor
  241. Version, directly or indirectly infringes any patent, then any rights granted
  242. to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective
  243. as of the date You first made, used, sold, distributed, or had made, Modifications
  244. made by that Participant.
  245. 8.3. If You assert a patent infringement claim against Participant alleging
  246. that such Participant's Contributor Version directly or indirectly infringes
  247. any patent where such claim is resolved (such as by license or settlement)
  248. prior to the initiation of patent infringement litigation, then the reasonable
  249. value of the licenses granted by such Participant under Sections 2.1 or 2.2
  250. shall be taken into account in determining the amount or value of any payment
  251. or license.
  252. 8.4. In the event of termination under Sections 8.1 or 8.2 above, all end
  253. user license agreements (excluding distributors and resellers) which have
  254. been validly granted by You or any distributor hereunder prior to termination
  255. shall survive termination.
  256. 9. LIMITATION OF LIABILITY.
  257. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
  258. NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER
  259. CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF
  260. SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
  261. INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
  262. DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
  263. OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL
  264. HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
  265. LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
  266. FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
  267. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
  268. OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO
  269. YOU.
  270. 10. U.S. GOVERNMENT END USERS.
  271. The Covered Code is a ``commercial item,'' as that term is defined in 48 C.F.R.
  272. 2.101 (Oct. 1995), consisting of ``commercial computer software'' and ``commercial
  273. computer software documentation,'' as such terms are used in 48 C.F.R. 12.212
  274. (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
  275. 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code
  276. with only those rights set forth herein.
  277. 11. MISCELLANEOUS.
  278. his section was intentionally left blank. The contents of this section are
  279. found in the corresponding addendum described above.
  280. 12. RESPONSIBILITY FOR CLAIMS.
  281. Except in cases where another Contributor has failed to comply with Section
  282. 3.4, You are responsible for damages arising, directly or indirectly, out
  283. of Your utilization of rights under this License, based on the number of copies
  284. of Covered Code you made available, the revenues you received from utilizing
  285. such rights, and other relevant factors. You agree to work with affected parties
  286. to distribute with Initial Developer responsibility on an equitable basis.
  287. EXHIBIT A.
  288. Text for this Exhibit A is found in the corresponding addendum, described
  289. in section 6.4 above, text file provided by the Initial Developer. This license
  290. is not valid or complete with out that file.
  291. EXHIBIT B.
  292. Text for this Exhibit B is found in the corresponding addendum, described
  293. in section 6.4 above, text file provided by the Initial Developer. This license
  294. is not valid or complete with out that file.
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