| BitTorrent Open Source License |
| |
| Version 1.0 |
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| This BitTorrent Open Source License (the "License") applies to the BitTorrent client and related software products as |
| well as any updates or maintenance releases of that software ("BitTorrent Products") that are distributed by |
| BitTorrent, Inc. ("Licensor"). Any BitTorrent Product licensed pursuant to this License is a Licensed Product. |
| Licensed Product, in its entirety, is protected by U.S. copyright law. This License identifies the terms under which |
| you may use, copy, distribute or modify Licensed Product. |
| |
| Preamble |
| |
| This Preamble is intended to describe, in plain English, the nature and scope of this License. However, this |
| Preamble is not a part of this license. The legal effect of this License is dependent only upon the terms of the |
| License and not this Preamble. |
| |
| This License complies with the Open Source Definition and is derived from the Jabber Open Source License 1.0 (the |
| "JOSL"), which has been approved by Open Source Initiative. Sections 4(c) and 4(f)(iii) from the JOSL have been |
| dropped. |
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| This License provides that: |
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| 1. You may use, sell or give away the Licensed Product, alone or as a component of an aggregate software |
| distribution containing programs from several different sources. No royalty or other fee is required. |
| |
| 2. Both Source Code and executable versions of the Licensed Product, including Modifications made by previous |
| Contributors, are available for your use. (The terms "Licensed Product," "Modifications," "Contributors" and "Source |
| Code" are defined in the License.) |
| |
| 3. You are allowed to make Modifications to the Licensed Product, and you can create Derivative Works from it. |
| (The term "Derivative Works" is defined in the License.) |
| |
| 4. By accepting the Licensed Product under the provisions of this License, you agree that any Modifications you |
| make to the Licensed Product and then distribute are governed by the provisions of this License. In particular, you |
| must make the Source Code of your Modifications available to others. |
| |
| 5. You may use the Licensed Product for any purpose, but the Licensor is not providing you any warranty |
| whatsoever, nor is the Licensor accepting any liability in the event that the Licensed Product doesn't work properly |
| or causes you any injury or damages. |
| |
| 6. If you sublicense the Licensed Product or Derivative Works, you may charge fees for warranty or support, or |
| for accepting indemnity or liability obligations to your customers. You cannot charge for the Source Code. |
| |
| 7. If you assert any patent claims against the Licensor relating to the Licensed Product, or if you breach any |
| terms of the License, your rights to the Licensed Product under this License automatically terminate. |
| |
| You may use this License to distribute your own Derivative Works, in which case the provisions of this License will |
| apply to your Derivative Works just as they do to the original Licensed Product. |
| |
| Alternatively, you may distribute your Derivative Works under any other OSI-approved Open Source license, or under a |
| proprietary license of your choice. If you use any license other than this License, however, you must continue to |
| fulfill the requirements of this License (including the provisions relating to publishing the Source Code) for those |
| portions of your Derivative Works that consist of the Licensed Product, including the files containing Modifications. |
| |
| New versions of this License may be published from time to time. You may choose to continue to use the license |
| terms in this version of the License or those from the new version. However, only the Licensor has the right to |
| change the License terms as they apply to the Licensed Product. |
| |
| This License relies on precise definitions for certain terms. Those terms are defined when they are first used, and |
| the definitions are repeated for your convenience in a Glossary at the end of the License. |
| |
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| License Terms |
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| 1. Grant of License From Licensor. Licensor hereby grants you a world-wide, royalty-free, non-exclusive |
| license, subject to third party intellectual property claims, to do the following: |
| |
| a. Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by such |
| Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as |
| part of Derivative Works. |
| |
| b. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for |
| sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any |
| such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of |
| Modifications or portions thereof or Derivative Works thereof. |
| |
| |
| 2. Grant of License to Modifications From Contributor. "Modifications" means any additions to or deletions from the |
| substance or structure of (i) a file containing Licensed Product, or (ii) any new file that contains any part of |
| Licensed Product. Hereinafter in this License, the term "Licensed Product" shall include all previous Modifications |
| that you receive from any Contributor. By application of the provisions in Section 4(a) below, each person or entity |
| who created or contributed to the creation of, and distributed, a Modification (a "Contributor") hereby grants you a |
| world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to do the |
| following: |
| |
| 1. Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by such |
| Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as |
| part of Derivative Works. |
| |
| 2. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for |
| sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any |
| such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of |
| Modifications or portions thereof or Derivative Works thereof. |
| |
| |
| 3. Exclusions From License Grant. Nothing in this License shall be deemed to grant any rights to trademarks, |
| copyrights, patents, trade secrets or any other intellectual property of Licensor or any Contributor except as |
| expressly stated herein. No patent license is granted separate from the Licensed Product, for code that you delete |
| from the Licensed Product, or for combinations of the Licensed Product with other software or hardware. No right is |
| granted to the trademarks of Licensor or any Contributor even if such marks are included in the Licensed Product. |
| Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this |
| License any code that Licensor otherwise would have a right to license. |
| |
| |
| 4. Your Obligations Regarding Distribution. |
| |
| a. Application of This License to Your Modifications. As an express condition for your use of the Licensed |
| Product, you hereby agree that any Modifications that you create or to which you contribute, and which you |
| distribute, are governed by the terms of this License including, without limitation, Section 2. Any Modifications |
| that you create or to which you contribute may be distributed only under the terms of this License or a future |
| version of this License released under Section 7. You must include a copy of this License with every copy of the |
| Modifications you distribute. You agree not to offer or impose any terms on any Source Code or executable version of |
| the Licensed Product or Modifications that alter or restrict 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 4(d). |
| |
| b. Availability of Source Code. You must make available, under the terms of this License, the Source Code of |
| the Licensed Product and any Modifications that you distribute, either on the same media as you distribute any |
| executable or other form of the Licensed Product, or via a mechanism generally accepted in the software development |
| community for the electronic transfer of data (an "Electronic Distribution Mechanism"). The Source Code for any |
| version of Licensed Product or Modifications that you distribute 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 said |
| Licensed Product or Modifications has been made available. You are responsible for ensuring that the Source Code |
| version remains available even if the Electronic Distribution Mechanism is maintained by a third party. |
| |
| c. Intellectual Property Matters. |
| |
| i. Third Party Claims. If you have knowledge that a license to a third |
| party's intellectual property right is required to exercise the rights granted by this License, you must include a |
| text file with the Source Code distribution titled "LEGAL" that 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 any |
| Modifications available as described in Section 4(b), 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 Licensed Product from you that new knowledge has been |
| obtained. |
| |
| ii. Contributor APIs. If your Modifications include an application |
| programming interface ("API") and you have knowledge of patent licenses that are reasonably necessary to implement |
| that API, you must also include this information in the LEGAL file. |
| |
| iii. Representations. You represent that, except as disclosed pursuant to |
| 4(c)(i) above, you believe that any Modifications you distribute are your original creations and that you have |
| sufficient rights to grant the rights conveyed by this License. |
| |
| d. Required Notices. You must duplicate this License in any documentation you provide along with the Source |
| Code of any Modifications you create or to which you contribute, and which you distribute, wherever you describe |
| recipients' rights relating to Licensed Product. You must duplicate the notice contained in Exhibit A (the "Notice") |
| in each file of the Source Code of any copy you distribute of the Licensed Product. If you created a Modification, |
| you may add your name as a Contributor to the Notice. If it is not possible to put the 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 charge a fee for, warranty, |
| support, indemnity or liability obligations to one or more recipients of Licensed Product. However, you may do so |
| only on your own behalf, and not on behalf of the Licensor or any Contributor. You must make it clear that any such |
| warranty, support, indemnity or liability obligation is offered by you alone, and you hereby agree to indemnify the |
| Licensor and every Contributor for any liability incurred by the Licensor or such Contributor as a result of |
| warranty, support, indemnity or liability terms you offer. |
| |
| e. Distribution of Executable Versions. You may distribute Licensed Product as an executable program under a |
| license of your choice that may contain terms different from this License provided (i) you have satisfied the |
| requirements of Sections 4(a) through 4(d) for that distribution, (ii) you include a conspicuous notice in the |
| executable version, related documentation and collateral materials stating that the Source Code version of the |
| Licensed Product is available under the terms of this License, including a description of how and where you have |
| fulfilled the obligations of Section 4(b), and (iii) you make it clear that any terms that differ from this License |
| are offered by you alone, not by Licensor or any Contributor. You hereby agree to indemnify the Licensor and every |
| Contributor for any liability incurred by Licensor or such Contributor as a result of any terms you offer. |
| |
| f. Distribution of Derivative Works. You may create Derivative Works (e.g., combinations of some or all of the |
| Licensed Product with other code) and distribute the Derivative Works as products under any other license you select, |
| with the proviso that the requirements of this License are fulfilled for those portions of the Derivative Works that |
| consist of the Licensed Product or any Modifications thereto. |
| |
| |
| 5. 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 Licensed Product due to statute, judicial order, or |
| regulation, then you must (i) comply with the terms of this License to the maximum extent possible, (ii) cite the |
| statute or regulation that prohibits you from adhering to the License, and (iii) describe the limitations and the |
| code they affect. Such description must be included in the LEGAL file described in Section 4(d), 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 at computer programming to be able to |
| understand it. |
| |
| |
| 6. Application of This License. This License applies to code to which Licensor or Contributor has attached the |
| Notice in Exhibit A, which is incorporated herein by this reference. |
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| 7. Versions of This License. |
| |
| a. New Versions. Licensor may publish from time to time revised and/or new versions of the License. |
| |
| b. Effect of New Versions. Once Licensed Product 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 Licensed Product |
| under the terms of any subsequent version of the License published by Licensor. No one other than Licensor has the |
| right to modify the terms applicable to Licensed Product created under this License. |
| |
| c. Derivative Works of this License. If you create or use a modified version of this License, which you may do |
| only in order to apply it to software that is not already a Licensed Product under this License, you must rename your |
| license so that it is not confusingly similar to this License, and must make it clear that your license contains |
| terms that differ from this License. In so naming your license, you may not use any trademark of Licensor or any |
| Contributor. |
| |
| |
| 8. Disclaimer of Warranty. LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY |
| OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED PRODUCT IS FREE |
| OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND |
| PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU (AND |
| NOT THE LICENSOR 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 LICENSED PRODUCT IS AUTHORIZED |
| HEREUNDER EXCEPT UNDER THIS DISCLAIMER. |
| |
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| 9. Termination. |
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| a. Automatic Termination Upon Breach. This license and the rights granted hereunder will terminate |
| automatically if you fail to comply with the terms herein and fail to cure such breach within thirty (30) days of |
| becoming aware of the breach. All sublicenses to the Licensed Product that 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. |
| |
| b. Termination Upon Assertion of Patent Infringement. If you initiate litigation by asserting a patent |
| infringement claim (excluding declaratory judgment actions) against Licensor or a Contributor (Licensor or |
| Contributor against whom you file such an action is referred to herein as Respondent) alleging that Licensed Product |
| directly or indirectly infringes any patent, then any and all rights granted by such Respondent to you under Sections |
| 1 or 2 of this License shall terminate prospectively upon sixty (60) days notice from Respondent (the "Notice |
| Period") unless within that Notice Period you either agree in writing (i) to pay Respondent a mutually agreeable |
| reasonably royalty for your past or future use of Licensed Product made by such Respondent, or (ii) withdraw your |
| litigation claim with respect to Licensed Product against such Respondent. If within said Notice Period 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 Licensor to you under Sections 1 and 2 automatically terminate at the expiration of |
| said Notice Period. |
| |
| c. Reasonable Value of This License. If you assert a patent infringement claim against Respondent alleging |
| that Licensed Product 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 said Respondent under Sections 1 and 2 shall be taken into account in determining the amount or value of |
| any payment or license. |
| |
| d. No Retroactive Effect of Termination. In the event of termination under Sections 9(a) or 9(b) above, all |
| end user license agreements (excluding licenses to distributors and resellers) that have been validly granted by you |
| or any distributor hereunder prior to termination shall survive termination. |
| |
| |
| 10. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), |
| CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER |
| OF ANY OF SUCH PARTIES, BE LIABLE TO ANY 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 PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO |
| NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY |
| NOT APPLY TO YOU. |
| |
| |
| 11. Responsibility for Claims. As between Licensor and Contributors, each party is responsible for claims and |
| damages arising, directly or indirectly, out of its utilization of rights under this License. You agree to work with |
| Licensor and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or |
| shall be deemed to constitute any admission of liability. |
| |
| |
| 12. U.S. Government End Users. The Licensed Product 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 Licensed Product with only those rights set forth |
| herein. |
| |
| |
| 13. Miscellaneous. This License represents the complete agreement concerning the 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 California law provisions (except to the extent applicable |
| law, if any, provides otherwise), excluding its conflict-of-law provisions. You expressly agree that any litigation |
| relating to this license shall be subject to the jurisdiction of the Federal Courts of the Northern District of |
| California or the Superior Court of the County of Santa Clara, California (as appropriate), with venue lying in Santa |
| Clara County, California, with the losing party responsible for costs including, without limitation, court costs and |
| reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the |
| International Sale of Goods is expressly excluded. You and Licensor expressly waive any rights to a jury trial in |
| any litigation concerning Licensed Product or this License. Any law or regulation that provides that the language of |
| a contract shall be construed against the drafter shall not apply to this License. |
| |
| |
| 14. Definition of You in This License. You throughout this License, whether in upper or lower case, 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 7. For legal entities, you includes any entity that controls, is |
| controlled by, or is under common control with you. For purposes of this definition, control means (i) the power, |
| direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) |
| ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. |
| |
| |
| 15. Glossary. All defined terms in this License that are used in more than one Section of this License are repeated |
| here, in alphabetical order, for the convenience of the reader. The Section of this License in which each defined |
| term is first used is shown in parentheses. |
| |
| Contributor: Each person or entity who created or contributed to the creation of, and distributed, a Modification. |
| (See Section 2) |
| |
| Derivative Works: That term as used in this License is defined under U.S. copyright law. (See Section 1(b)) |
| |
| License: This BitTorrent Open Source License. (See first paragraph of License) |
| |
| Licensed Product: Any BitTorrent Product licensed pursuant to this License. The term "Licensed Product" includes |
| all previous Modifications from any Contributor that you receive. (See first paragraph of License and Section 2) |
| |
| Licensor: BitTorrent, Inc. (See first paragraph of License) |
| |
| Modifications: Any additions to or deletions from the substance or structure of (i) a file containing Licensed |
| Product, or (ii) any new file that contains any part of Licensed Product. (See Section 2) |
| |
| Notice: The notice contained in Exhibit A. (See Section 4(e)) |
| |
| Source Code: The preferred form for making modifications to the Licensed Product, including all modules contained |
| therein, plus any associated interface definition files, scripts used to control compilation and installation of an |
| executable program, or a list of differential comparisons against the Source Code of the Licensed Product. (See |
| Section 1(a)) |
| |
| You: This term is defined in Section 14 of this License. |
| |
| |
| EXHIBIT A |
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| The Notice below must appear in each file of the Source Code of any copy you distribute of the Licensed Product or |
| any hereto. Contributors to any Modifications may add their own copyright notices to identify their own |
| contributions. |
| |
| License: |
| |
| The contents of this file are subject to the BitTorrent Open Source License Version 1.0 (the License). You may not |
| copy or use this file, in either source code or executable form, except in compliance with the License. You may |
| obtain a copy of the License at http://www.bittorrent.com/license/. |
| |
| 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. |
| |