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- OPEN 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 and the corresponding addendum described
- in section 6.4 below.
-
- 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.
-
- 1.13 "License Author" means Lutris Technologies, Inc.
-
- 2. Source Code License.
-
- 2.1. The Initial Developer Grant. The Initial Developer hereby grants You
- a worldwide, royalty-free, non-exclusive license, subject to third party intellectual
- property claims:
-
- (a) under intellectual property rights (other than patent or trademark) 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 (``offer to sell and import'') 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 worldwide, royalty-free,
- non-exclusive license, subject to third party intellectual property claims:
-
- (a) under intellectual property rights (other than patent or trademark) 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
- to make, have made, use and sell (``offer to sell and import'') 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, prior to any use, except for
- internal development and practice, 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
- shall notify the Initial Developer of the Modification and the location of
- the Source Code via the contact means provided for in the Developer Specific
- license. Initial Developer will be acting as maintainer of the Source Code
- and may provide an Electronic Distribution mechanism for the Modification
- to be made available.
-
- 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) Representations. Contributor represents that, except as disclosed pursuant
- to Section 3.4(a) above, Contributor believes that Contributor's Modifications
- are Contributor's original creation(s) and/or Contributor has sufficient rights
- to grant the rights conveyed by this License.
-
- 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 that 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 describe
- 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. If
- you distribute executable versions containing Covered Code, you must reproduce
- the notice in Exhibit B in the documentation and/or other materials provided
- with the product.
-
- 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) Cite all of the statutes or regulations that prohibit you
- from complying fully with this license. (c) 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. License Author may publish revised and/or new versions
- of the License from time to time. Each version will be given a distinguishing
- version number and shall be submitted to opensource.org for certification.
-
- 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 Initial Developer.
- No one other than Initial Developer 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,
- except in association with the required Developer Specific License described
- in section 6.4, (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 ``Open'', ``OpenPL'', ``OPL'' 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 Open 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.)
-
- 6.4. Required Additional Developer Specific License
-
- This license is a union of the following two parts that should be found as
- text files in the same place (directory), in the order of preeminence:
-
- [1] A Developer specific license.
-
- [2] The contents of this file OPL_1_0.TXT, stating the general licensing policy
- of the software.
-
- In case of conflicting dispositions in the parts of this license, the terms
- of the lower-numbered part will always be superseded by the terms of the higher
- numbered part.
-
- 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.
-
- 8.1 Termination upon Breach
-
- 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 that, by their nature, must remain in effect beyond the termination
- of this License shall survive.
-
- 8.2. Termination Upon Litigation. If You initiate litigation by asserting
- a patent infringement claim (excluding declatory judgment actions) against
- Initial Developer or a Contributor (the Initial Developer or Contributor against
- whom You file such action is referred to as "Participant") alleging that:
-
- (a) such Participant's Contributor Version directly or indirectly infringes
- any patent, then any and all rights granted by such Participant to You under
- Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant
- terminate prospectively, unless if within 60 days after receipt of notice
- You either: (i) agree in writing to pay Participant a mutually agreeable reasonable
- royalty for Your past and future use of Modifications made by such Participant,
- or (ii) withdraw Your litigation claim with respect to the Contributor Version
- against such Participant. If within 60 days of notice, a reasonable royalty
- and payment arrangement are not mutually agreed upon in writing by the parties
- or the litigation claim is not withdrawn, the rights granted by Participant
- to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration
- of the 60 day notice period specified above.
-
- (b) any software, hardware, or device, other than such Participant's Contributor
- Version, directly or indirectly infringes any patent, then any rights granted
- to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective
- as of the date You first made, used, sold, distributed, or had made, Modifications
- made by that Participant.
-
- 8.3. If You assert a patent infringement claim against Participant alleging
- that such Participant's Contributor Version directly or indirectly infringes
- any patent where such claim is resolved (such as by license or settlement)
- prior to the initiation of patent infringement litigation, then the reasonable
- value of the licenses granted by such Participant under Sections 2.1 or 2.2
- shall be taken into account in determining the amount or value of any payment
- or license.
-
- 8.4. In the event of termination under Sections 8.1 or 8.2 above, all end
- user license agreements (excluding distributors and resellers) which have
- been validly granted by You or any distributor hereunder prior to termination
- shall survive termination.
-
- 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.
-
- his section was intentionally left blank. The contents of this section are
- found in the corresponding addendum described above.
-
- 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 with Initial Developer responsibility on an equitable basis.
- EXHIBIT A.
-
- Text for this Exhibit A is found in the corresponding addendum, described
- in section 6.4 above, text file provided by the Initial Developer. This license
- is not valid or complete with out that file.
-
- EXHIBIT B.
-
- Text for this Exhibit B is found in the corresponding addendum, described
- in section 6.4 above, text file provided by the Initial Developer. This license
- is not valid or complete with out that file.
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