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- FreeImage Public License - Version 1.0
-
- 1. Definitions.
-
- 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.
-
- 1.9. "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.
-
- 1.11. "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 a list of 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" 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 fifty percent (50%) or more
- 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) to use, reproduce, modify, display, perform, sublicense and distribute
- the Original Code (or portions thereof) with or without Modifications, or
- as part of a Larger Work; and
-
- (b) under patents now or hereafter owned or controlled by Initial Developer,
- to make, have made, use and sell ("Utilize") the Original Code (or portions
- thereof), but solely to the extent that any such patent is reasonably necessary
- to enable You to Utilize the Original Code (or portions thereof) and not to
- any greater extent that may be necessary to Utilize further Modifications
- or combinations.
-
- 2.2. Contributor Grant.
-
- Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive
- license, subject to third party intellectual property claims:
-
- (a) 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 or as part
- of a Larger Work; and
-
- (b) under patents now or hereafter owned or controlled by Contributor, to
- Utilize the Contributor Version (or portions thereof), but solely to the extent
- that any such patent is reasonably necessary to enable You to Utilize the
- Contributor Version (or portions thereof), and not to any greater extent that
- may be necessary to Utilize further Modifications or combinations.
-
- 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 You have knowledge that a party claims an intellectual property right in
- particular functionality or code (or its utilization under this License),
- you 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 you obtain such knowledge after
- You make Your Modification available as described in Section 3.2, You shall
- promptly modify the LEGAL file in all copies You make 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 Your Modification is an application programming interface and You own or
- control patents which are reasonably necessary to implement that API, you
- must also include this information in the LEGAL file.
-
- 3.5. Required Notices.
-
- You must duplicate the notice in Exhibit A in each file of the Source Code,
- and this License in any documentation for the Source Code, where You describe
- recipients' rights relating to Covered Code. If You created one or more Modification(s),
- You may add your name as a Contributor to the notice described in Exhibit
- A. 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 file) where a user would be likely to look for such
- a notice. 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 descr ibe recipients' rights relating to the Covered
- Code. You may distribute the Executable version of Covered Code 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 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 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.
-
- Floris van den Berg 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 Floris van den Berg
-
- No one other than Floris van den Berg 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 "FreeImage",
- `FreeImage Public License", "FIPL", or any confusingly similar phrase do not
- appear anywhere in your license and (b) otherwise make it clear that your
- version of the license contains terms which differ from the FreeImage Public
- 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.
-
- 8. TERMINATION.
-
- 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.
-
- 9. LIMITATION OF LIABILITY.
-
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
- NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER
- CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF
- SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER 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 THAT 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
- License shall be governed by Dutch law provisions (except to the extent applicable
- law, if any, provides otherwise), excluding its conflict-of-law provisions.
- With respect to disputes in which at least one party is a citizen of, or an
- entity chartered or registered to do business in, the The Netherlands: (a)
- unless otherwise agreed in writing, all disputes relating to this License
- (excepting any dispute relating to intellectual property rights) shall be
- subject to final and binding arbitration, with the losing party paying all
- costs of arbitration; (b) any arbitration relating to this Agreement shall
- be held in Almelo, The Netherlands; and (c) any litigation relating to this
- Agreement shall be subject to the jurisdiction of the court of Almelo, The
- Netherlands with the losing party responsible for costs, including without
- limitation, court costs and reasonable attorneys fees and expenses. 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.
-
- Except in cases where another Contributor has failed to comply with Section
- 3.4, You are responsible for damages arising, directly or indirectly, out
- of Your utilization of rights under this License, based on the number of copies
- of Covered Code you made available, the revenues you received from utilizing
- such rights, and other relevant factors. You agree to work with affected parties
- to distribute responsibility on an equitable basis. EXHIBIT A.
-
- "The contents of this file are subject to the FreeImage Public 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://home.wxs.nl/~flvdberg/freeimage-license.txt
-
- 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.
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