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  1. FreeImage Public License - Version 1.0
  2. 1. Definitions.
  3. 1.1. "Contributor" means each entity that creates or contributes to the creation
  4. of Modifications.
  5. 1.2. "Contributor Version" means the combination of the Original Code, prior
  6. Modifications used by a Contributor, and the Modifications made by that particular
  7. Contributor.
  8. 1.3. "Covered Code" means the Original Code or Modifications or the combination
  9. of the Original Code and Modifications, in each case including portions thereof.
  10. 1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted
  11. in the software development community for the electronic transfer of data.
  12. 1.5. "Executable" means Covered Code in any form other than Source Code.
  13. 1.6. "Initial Developer" means the individual or entity identified as the
  14. Initial Developer in the Source Code notice required by Exhibit A.
  15. 1.7. "Larger Work" means a work which combines Covered Code or portions thereof
  16. with code not governed by the terms of this License.
  17. 1.8. "License" means this document.
  18. 1.9. "Modifications" means any addition to or deletion from the substance
  19. or structure of either the Original Code or any previous Modifications. When
  20. Covered Code is released as a series of files, a
  21. Modification is:
  22. A. Any addition to or deletion from the contents of a file containing Original
  23. Code or previous Modifications.
  24. B. Any new file that contains any part of the Original Code or previous Modifications.
  25. 1.10. "Original Code" means Source Code of computer software code which is
  26. described in the Source Code notice required by Exhibit A as Original Code,
  27. and which, at the time of its release under this License is not already Covered
  28. Code governed by this License.
  29. 1.11. "Source Code" means the preferred form of the Covered Code for making
  30. modifications to it, including all modules it contains, plus any associated
  31. interface definition files, scripts used to control compilation and installation
  32. of an Executable, or a list of source code differential comparisons against
  33. either the Original Code or another well known, available Covered Code of
  34. the Contributor's choice. The Source Code can be in a compressed or archival
  35. form, provided the appropriate decompression or de-archiving software is widely
  36. available for no charge.
  37. 1.12. "You" means an individual or a legal entity exercising rights under,
  38. and complying with all of the terms of, this License or a future version of
  39. this License issued under Section 6.1. For legal entities, "You" includes
  40. any entity which controls, is controlled by, or is under common control with
  41. You. For purposes of this definition, "control" means (a) the power, direct
  42. or indirect, to cause the direction or management of such entity, whether
  43. by contract or otherwise, or (b) ownership of fifty percent (50%) or more
  44. of the outstanding shares or beneficial ownership of such entity.
  45. 2. Source Code License.
  46. 2.1. The Initial Developer Grant.
  47. The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive
  48. license, subject to third party intellectual property claims:
  49. (a) to use, reproduce, modify, display, perform, sublicense and distribute
  50. the Original Code (or portions thereof) with or without Modifications, or
  51. as part of a Larger Work; and
  52. (b) under patents now or hereafter owned or controlled by Initial Developer,
  53. to make, have made, use and sell ("Utilize") the Original Code (or portions
  54. thereof), but solely to the extent that any such patent is reasonably necessary
  55. to enable You to Utilize the Original Code (or portions thereof) and not to
  56. any greater extent that may be necessary to Utilize further Modifications
  57. or combinations.
  58. 2.2. Contributor Grant.
  59. Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive
  60. license, subject to third party intellectual property claims:
  61. (a) to use, reproduce, modify, display, perform, sublicense and distribute
  62. the Modifications created by such Contributor (or portions thereof) either
  63. on an unmodified basis, with other Modifications, as Covered Code or as part
  64. of a Larger Work; and
  65. (b) under patents now or hereafter owned or controlled by Contributor, to
  66. Utilize the Contributor Version (or portions thereof), but solely to the extent
  67. that any such patent is reasonably necessary to enable You to Utilize the
  68. Contributor Version (or portions thereof), and not to any greater extent that
  69. may be necessary to Utilize further Modifications or combinations.
  70. 3. Distribution Obligations.
  71. 3.1. Application of License.
  72. The Modifications which You create or to which You contribute are governed
  73. by the terms of this License, including without limitation Section 2.2. The
  74. Source Code version of Covered Code may be distributed only under the terms
  75. of this License or a future version of this License released under Section
  76. 6.1, and You must include a copy of this License with every copy of the Source
  77. Code You distribute. You may not offer or impose any terms on any Source Code
  78. version that alters or restricts the applicable version of this License or
  79. the recipients' rights hereunder. However, You may include an additional document
  80. offering the additional rights described in Section 3.5.
  81. 3.2. Availability of Source Code.
  82. Any Modification which You create or to which You contribute must be made
  83. available in Source Code form under the terms of this License either on the
  84. same media as an Executable version or via an accepted Electronic Distribution
  85. Mechanism to anyone to whom you made an Executable version available; and
  86. if made available via Electronic Distribution Mechanism, must remain available
  87. for at least twelve (12) months after the date it initially became available,
  88. or at least six (6) months after a subsequent version of that particular Modification
  89. has been made available to such recipients. You are responsible for ensuring
  90. that the Source Code version remains available even if the Electronic Distribution
  91. Mechanism is maintained by a third party.
  92. 3.3. Description of Modifications.
  93. You must cause all Covered Code to which you contribute to contain a file
  94. documenting the changes You made to create that Covered Code and the date
  95. of any change. You must include a prominent statement that the Modification
  96. is derived, directly or indirectly, from Original Code provided by the Initial
  97. Developer and including the name of the Initial Developer in (a) the Source
  98. Code, and (b) in any notice in an Executable version or related documentation
  99. in which You describe the origin or ownership of the Covered Code.
  100. 3.4. Intellectual Property Matters
  101. (a) Third Party Claims.
  102. If You have knowledge that a party claims an intellectual property right in
  103. particular functionality or code (or its utilization under this License),
  104. you must include a text file with the source code distribution titled "LEGAL"
  105. which describes the claim and the party making the claim in sufficient detail
  106. that a recipient will know whom to contact. If you obtain such knowledge after
  107. You make Your Modification available as described in Section 3.2, You shall
  108. promptly modify the LEGAL file in all copies You make available thereafter
  109. and shall take other steps (such as notifying appropriate mailing lists or
  110. newsgroups) reasonably calculated to inform those who received the Covered
  111. Code that new knowledge has been obtained.
  112. (b) Contributor APIs.
  113. If Your Modification is an application programming interface and You own or
  114. control patents which are reasonably necessary to implement that API, you
  115. must also include this information in the LEGAL file.
  116. 3.5. Required Notices.
  117. You must duplicate the notice in Exhibit A in each file of the Source Code,
  118. and this License in any documentation for the Source Code, where You describe
  119. recipients' rights relating to Covered Code. If You created one or more Modification(s),
  120. You may add your name as a Contributor to the notice described in Exhibit
  121. A. If it is not possible to put such notice in a particular Source Code file
  122. due to its structure, then you must include such notice in a location (such
  123. as a relevant directory file) where a user would be likely to look for such
  124. a notice. You may choose to offer, and to charge a fee for, warranty, support,
  125. indemnity or liability obligations to one or more recipients of Covered Code.
  126. However, You may do so only on Your own behalf, and not on behalf of the Initial
  127. Developer or any Contributor. You must make it absolutely clear than any such
  128. warranty, support, indemnity or liability obligation is offered by You alone,
  129. and You hereby agree to indemnify the Initial Developer and every Contributor
  130. for any liability incurred by the Initial Developer or such Contributor as
  131. a result of warranty, support, indemnity or liability terms You offer.
  132. 3.6. Distribution of Executable Versions.
  133. You may distribute Covered Code in Executable form only if the requirements
  134. of Section 3.1-3.5 have been met for that Covered Code, and if You include
  135. a notice stating that the Source Code version of the Covered Code is available
  136. under the terms of this License, including a description of how and where
  137. You have fulfilled the obligations of Section 3.2. The notice must be conspicuously
  138. included in any notice in an Executable version, related documentation or
  139. collateral in which You descr ibe recipients' rights relating to the Covered
  140. Code. You may distribute the Executable version of Covered Code under a license
  141. of Your choice, which may contain terms different from this License, provided
  142. that You are in compliance with the terms of this License and that the license
  143. for the Executable version does not attempt to limit or alter the recipient's
  144. rights in the Source Code version from the rights set forth in this License.
  145. If You distribute the Executable version under a different license You must
  146. make it absolutely clear that any terms which differ from this License are
  147. offered by You alone, not by the Initial Developer or any Contributor. You
  148. hereby agree to indemnify the Initial Developer and every Contributor for
  149. any liability incurred by the Initial Developer or such Contributor as a result
  150. of any such terms You offer.
  151. 3.7. Larger Works.
  152. You may create a Larger Work by combining Covered Code with other code not
  153. governed by the terms of this License and distribute the Larger Work as a
  154. single product. In such a case, You must make sure the requirements of this
  155. License are fulfilled for the Covered Code.
  156. 4. Inability to Comply Due to Statute or Regulation.
  157. If it is impossible for You to comply with any of the terms of this License
  158. with respect to some or all of the Covered Code due to statute or regulation
  159. then You must: (a) comply with the terms of this License to the maximum extent
  160. possible; and (b) describe the limitations and the code they affect. Such
  161. description must be included in the LEGAL file described in Section 3.4 and
  162. must be included with all distributions of the Source Code. Except to the
  163. extent prohibited by statute or regulation, such description must be sufficiently
  164. detailed for a recipient of ordinary skill to be able to understand it.
  165. 5. Application of this License.
  166. This License applies to code to which the Initial Developer has attached the
  167. notice in Exhibit A, and to related Covered Code.
  168. 6. Versions of the License.
  169. 6.1. New Versions.
  170. Floris van den Berg may publish revised and/or new versions of the License
  171. from time to time. Each version will be given a distinguishing version number.
  172. 6.2. Effect of New Versions.
  173. Once Covered Code has been published under a particular version of the License,
  174. You may always continue to use it under the terms of that version. You may
  175. also choose to use such Covered Code under the terms of any subsequent version
  176. of the License published by Floris van den Berg
  177. No one other than Floris van den Berg has the right to modify the terms applicable
  178. to Covered Code created under this License.
  179. 6.3. Derivative Works.
  180. If you create or use a modified version of this License (which you may only
  181. do in order to apply it to code which is not already Covered Code governed
  182. by this License), you must (a) rename Your license so that the phrases "FreeImage",
  183. `FreeImage Public License", "FIPL", or any confusingly similar phrase do not
  184. appear anywhere in your license and (b) otherwise make it clear that your
  185. version of the license contains terms which differ from the FreeImage Public
  186. License. (Filling in the name of the Initial Developer, Original Code or Contributor
  187. in the notice described in Exhibit A shall not of themselves be deemed to
  188. be modifications of this License.)
  189. 7. DISCLAIMER OF WARRANTY.
  190. COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY
  191. OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
  192. THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
  193. PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
  194. OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN
  195. ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME
  196. THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
  197. OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
  198. CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
  199. 8. TERMINATION.
  200. This License and the rights granted hereunder will terminate automatically
  201. if You fail to comply with terms herein and fail to cure such breach within
  202. 30 days of becoming aware of the breach. All sublicenses to the Covered Code
  203. which are properly granted shall survive any termination of this License.
  204. Provisions which, by their nature, must remain in effect beyond the termination
  205. of this License shall survive.
  206. 9. LIMITATION OF LIABILITY.
  207. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
  208. NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER
  209. CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF
  210. SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
  211. INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
  212. DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
  213. OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL
  214. HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
  215. LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
  216. FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
  217. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
  218. OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO
  219. YOU.
  220. 10. U.S. GOVERNMENT END USERS.
  221. The Covered Code is a "commercial item," as that term is defined in 48 C.F.R.
  222. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial
  223. computer software documentation," as such terms are used in 48 C.F.R. 12.212
  224. (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
  225. 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code
  226. with only those rights set forth herein.
  227. 11. MISCELLANEOUS.
  228. This License represents the complete agreement concerning subject matter hereof.
  229. If any provision of this License is held to be unenforceable, such provision
  230. shall be reformed only to the extent necessary to make it enforceable. This
  231. License shall be governed by Dutch law provisions (except to the extent applicable
  232. law, if any, provides otherwise), excluding its conflict-of-law provisions.
  233. With respect to disputes in which at least one party is a citizen of, or an
  234. entity chartered or registered to do business in, the The Netherlands: (a)
  235. unless otherwise agreed in writing, all disputes relating to this License
  236. (excepting any dispute relating to intellectual property rights) shall be
  237. subject to final and binding arbitration, with the losing party paying all
  238. costs of arbitration; (b) any arbitration relating to this Agreement shall
  239. be held in Almelo, The Netherlands; and (c) any litigation relating to this
  240. Agreement shall be subject to the jurisdiction of the court of Almelo, The
  241. Netherlands with the losing party responsible for costs, including without
  242. limitation, court costs and reasonable attorneys fees and expenses. Any law
  243. or regulation which provides that the language of a contract shall be construed
  244. against the drafter shall not apply to this License.
  245. 12. RESPONSIBILITY FOR CLAIMS.
  246. Except in cases where another Contributor has failed to comply with Section
  247. 3.4, You are responsible for damages arising, directly or indirectly, out
  248. of Your utilization of rights under this License, based on the number of copies
  249. of Covered Code you made available, the revenues you received from utilizing
  250. such rights, and other relevant factors. You agree to work with affected parties
  251. to distribute responsibility on an equitable basis. EXHIBIT A.
  252. "The contents of this file are subject to the FreeImage Public License Version
  253. 1.0 (the "License"); you may not use this file except in compliance with the
  254. License. You may obtain a copy of the License at http://home.wxs.nl/~flvdberg/freeimage-license.txt
  255. Software distributed under the License is distributed on an "AS IS" basis,
  256. WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
  257. the specific language governing rights and limitations under the License.
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