| ADAPTIVE PUBLIC LICENSE Version 1.0 |
| |
| THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THIS ADAPTIVE |
| PUBLIC LICENSE ("LICENSE"). ANY USE, REPRODUCTION OR DISTRIBUTION |
| OF THE LICENSED WORK CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS |
| LICENSE AND ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE |
| TERMS OF THIS LICENSE. "LICENSED WORK" AND "RECIPIENT" ARE |
| DEFINED BELOW. |
| |
| IMPORTANT NOTE: This License is "adaptive", and the generic version or another |
| version of an Adaptive Public License should not be relied upon to determine your rights |
| and obligations under this License. You must read the specific Adaptive Public License |
| that you receive with the Licensed Work, as certain terms are defined at the outset by the |
| Initial Contributor. |
| |
| See Section 2.2 below, Exhibit A attached, and any Suppfile.txt accompanying this |
| License to determine the specific adaptive features applicable to this License. For |
| example, without limiting the foregoing, (a) for selected choice of law and jurisdiction |
| see Part 3 of Exhibit A; (b) for the selected definition of Third Party see Part 4 of Exhibit |
| A; and (c) for selected patent licensing terms (if any) see Section 2.2 below and Part 6 of |
| Exhibit A. |
| |
| 1. DEFINITIONS. |
| |
| 1.1. "CONTRIBUTION" means: |
| |
| (a) In the case of the Initial Contributor, the Initial Work distributed under this License |
| by the Initial Contributor; and |
| |
| (b) In the case of each Subsequent Contributor, the Subsequent Work originating from |
| and distributed by such Subsequent Contributor. |
| |
| 1.2. "DESIGNATED WEB SITE" means the web site having the URL identified in Part |
| 1 of Exhibit A, which URL may be changed by the Initial Contributor by posting on the |
| current Designated Web Site the new URL for at least sixty (60) days. |
| |
| 1.3. "DISTRIBUTOR" means any Person that distributes the Licensed Work or any |
| portion thereof to at least one Third Party. |
| |
| 1.4. "ELECTRONIC DISTRIBUTION MECHANISM" means any mechanism generally |
| accepted in the software development community for the electronic transfer of data. |
| |
| 1.5. "EXECUTABLE" means the Licensed Work in any form other than Source Code. |
| |
| 1.6. "GOVERNING JURISDICTION" means the state, province or other legal |
| jurisdiction identified in Part 3 of Exhibit A. |
| |
| 1.7. "INDEPENDENT MODULE" means a separate module of software and/or data that |
| is not a derivative work of or copied from the Licensed Work or any portion thereof. In |
| addition, a module does not qualify as an Independent Module but instead forms part of |
| the Licensed Work if the module: (a) is embedded in the Licensed Work; (b) is included |
| by reference in the Licensed Work other than by a function call or a class reference; or |
| (c) must be included or contained, in whole or in part, within a file directory or |
| subdirectory actually containing files making up the Licensed Work. |
| |
| 1.8. "INITIAL CONTRIBUTOR" means the Person or entity identified as the Initial |
| Contributor in the notice required by Part 1 of Exhibit A. |
| |
| 1.9. "INITIAL WORK" means the initial Source Code, object code (if any) and |
| documentation for the computer program identified in Part 2 of Exhibit A, as such Source |
| Code, object code and documentation is distributed under this License by the Initial |
| Contributor. |
| |
| 1.10. "LARGER WORK" means a work that combines the Licensed Work or portions |
| thereof with code not governed by this License. |
| |
| 1.11. "LICENSED WORK" means the Initial Work and/or any Subsequent Work, in |
| each case including portions thereof. |
| |
| 1.12. "LICENSE NOTICE" has the meaning assigned in Part 5 of Exhibit A. |
| |
| 1.13. "MODIFICATION" or "MODIFICATIONS" means any change to and/or addition |
| to the Licensed Work. |
| |
| 1.14. "PERSON" means an individual or other legal entity, including a corporation, |
| partnership or other body. |
| |
| 1.15. "RECIPIENT" means any Person who receives or obtains the Licensed Work |
| under this License (by way of example, without limiting the foregoing, any Subsequent |
| Contributor or Distributor). |
| |
| 1.16. "SOURCE CODE" means the source code for a computer program, including the |
| source code for all modules and components of the computer program, plus any |
| associated interface definition files, and scripts used to control compilation and |
| installation of an executable. |
| |
| 1.17. "SUBSEQUENT CONTRIBUTOR" means any Person that makes or contributes |
| to the making of any Subsequent Work and that distributes that Subsequent Work to at |
| least one Third Party. |
| |
| 1.18. "SUBSEQUENT WORK" means a work that has resulted or arises from changes to |
| and/or additions to: |
| |
| (a) the Initial Work; |
| |
| (b) any other Subsequent Work; or |
| |
| (c) to any combination of the Initial Work and any such other Subsequent Work; |
| |
| where such changes and/or additions originate from a Subsequent Contributor. A |
| Subsequent Work will "originate" from a Subsequent Contributor if the Subsequent Work |
| was a result of efforts by such Subsequent Contributor (or anyone acting on such |
| Subsequent Contributor's behalf, such as, a contractor or other entity that is engaged by |
| or under the direction of the Subsequent Contributor). For greater certainty, a Subsequent |
| Work expressly excludes and shall not capture within its meaning any Independent |
| Module. |
| |
| 1.19. "SUPPLEMENT FILE" means a file distributed with the Licensed Work having a |
| file name "suppfile.txt". |
| |
| 1.20. "THIRD PARTY" has the meaning assigned in Part 4 of Exhibit A. |
| |
| 2. LICENSE. |
| |
| 2.1. COPYRIGHT LICENSE FROM INITIAL AND SUBSEQUENT |
| CONTRIBUTORS. |
| |
| (a) Subject to the terms of this License, the Initial Contributor hereby grants each |
| Recipient a world-wide, royalty-free, non-exclusive copyright license to: |
| |
| (i) reproduce, prepare derivative works of, publicly display, publicly perform, distribute |
| and sublicense the Initial Work; and |
| |
| (ii) reproduce, publicly display, publicly perform, distribute, and sublicense any |
| derivative works (if any) prepared by Recipient; |
| |
| in Source Code and Executable form, either with other Modifications, on an unmodified |
| basis, or as part of a Larger Work. |
| |
| (b) Subject to the terms of this License, each Subsequent Contributor hereby grants each |
| Recipient a world-wide, royalty-free, non-exclusive copyright license to: |
| |
| (i) reproduce, prepare derivative works of, publicly display, publicly perform, distribute |
| and sublicense the Subsequent Work of such Subsequent Contributor; and |
| |
| (ii) reproduce, publicly display, publicly perform, distribute, and sublicense any |
| derivative works (if any) prepared by Recipient; |
| |
| in Source Code and Executable form, either with other Modifications, on an unmodified |
| basis, or as part of a Larger Work. |
| |
| 2.2. PATENT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS. |
| |
| (a) This License does not include or grant any patent license whatsoever from the Initial |
| Contributor, Subsequent Contributor, or any Distributor unless, at the time the Initial |
| Work is first distributed or made available under this License (as the case may be), the |
| Initial Contributor has selected pursuant to Part 6 of Exhibit A the patent terms in |
| paragraphs A, B, C, D and E from Part 6 of Exhibit A. If this is not done then the Initial |
| Work and any other Subsequent Work is made available under the License without any |
| patent license (the "PATENTS-EXCLUDED LICENSE"). |
| |
| (b) However, the Initial Contributor may subsequently distribute or make available (as |
| the case may be) future copies of: (1) the Initial Work; or (2) any Licensed Work |
| distributed by the Initial Contributor which includes the Initial Work (or any portion |
| thereof) and/or any Modification made by the Initial Contributor; available under a |
| License which includes a patent license (the "PATENTS-INCLUDED LICENSE") by |
| selecting pursuant to Part 6 of Exhibit A the patent terms in paragraphs A, B, C, D and E |
| from Part 6 of Exhibit A, when the Initial Contributor distributes or makes available (as |
| the case may be) such future copies under this License. |
| |
| (c) If any Recipient receives or obtains one or more copies of the Initial Work or any |
| other portion of the Licensed Work under the Patents-Included License, then all licensing |
| of such copies under this License shall include the terms in paragraphs A, B, C, D and E |
| from Part 6 of Exhibit A and that Recipient shall not be able to rely upon the Patents- |
| Excluded License for any such copies. However, all Recipients that receive one or more |
| copies of the Initial Work or any other portion of the Licensed Work under a copy of the |
| License which includes the Patents-Excluded License shall have no patent license with |
| respect to such copies received under the Patents-Excluded License and availability and |
| distribution of such copies, including Modifications made by such Recipient to such |
| copies, shall be under a copy of the License without any patent license. |
| |
| (d) Where a Recipient uses in combination or combines any copy of the Licensed Work |
| (or portion thereof) licensed under a copy of the License having a Patents-Excluded |
| License with any copy of the Licensed Work (or portion thereof) licensed under a copy of |
| the License having a Patents-Included License, the combination (and any portion thereof) |
| shall, from the first time such Recipient uses, makes available or distributes the |
| combination (as the case may be), be subject to only the terms of the License having the |
| Patents-Included License which shall include the terms in paragraphs A, B, C, D and E |
| from Part 6 of Exhibit A. |
| |
| 2.3. ACKNOWLEDGEMENT AND DISCLAIMER. |
| |
| Recipient understands and agrees that although Initial Contributor and each Subsequent |
| Contributor grants the licenses to its Contributions set forth herein, no representation, |
| warranty, guarantee or assurance is provided by any Initial Contributor, Subsequent |
| Contributor, or Distributor that the Licensed Work does not infringe the patent or other |
| intellectual property rights of any other entity. Initial Contributor, Subsequent |
| Contributor, and each Distributor disclaims any liability to Recipient for claims brought |
| by any other entity based on infringement of intellectual property rights or otherwise, in |
| relation to the Licensed Works. As a condition to exercising the rights and licenses |
| granted hereunder, each Recipient hereby assumes sole responsibility to secure any other |
| intellectual property rights needed, if any. For example, without limiting the foregoing |
| disclaimers, if a third party patent license is required to allow Recipient to distribute the |
| Licensed Work, it is Recipient's responsibility to acquire that license before distributing |
| the Licensed Work. |
| |
| 2.4. RESERVATION. |
| |
| Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, |
| patents, trade secrets or any other intellectual property of Initial Contributor, Subsequent |
| Contributor, or Distributor except as expressly stated herein. |
| |
| 3. DISTRIBUTION OBLIGATIONS. |
| |
| 3.1. DISTRIBUTION GENERALLY. |
| |
| (a) A Subsequent Contributor shall make that Subsequent Contributor's Subsequent |
| Work(s) available to the public via an Electronic Distribution Mechanism for a period of |
| at least twelve (12) months. The aforesaid twelve (12) month period shall begin within a |
| reasonable time after the creation of the Subsequent Work and no later than sixty (60) |
| days after first distribution of that Subsequent Contributor's Subsequent Work. |
| |
| (b) All Distributors must distribute the Licensed Work in accordance with the terms of |
| the License, and must include a copy of this License (including without limitation Exhibit |
| A and the accompanying Supplement File) with each copy of the Licensed Work |
| distributed. In particular, this License must be prominently distributed with the Licensed |
| Work in a file called "license.txt." In addition, the License Notice in Part 5 of Exhibit A |
| must be included at the beginning of all Source Code files, and viewable to a user in any |
| executable such that the License Notice is reasonably brought to the attention of any |
| party using the Licensed Work. |
| |
| 3.2. EXECUTABLE DISTRIBUTIONS OF THE LICENSED WORK. |
| |
| A Distributor may choose to distribute the Licensed Work, or any portion thereof, in |
| Executable form (an "EXECUTABLE DISTRIBUTION") to any third party, under the |
| terms of Section 2 of this License, provided the Executable Distribution is made available |
| under and accompanied by a copy of this License, AND provided at least ONE of the |
| following conditions is fulfilled: |
| |
| (a) The Executable Distribution must be accompanied by the Source Code for the |
| Licensed Work making up the Executable Distribution, and the Source Code must be |
| distributed on the same media as the Executable Distribution or using an Electronic |
| Distribution Mechanism; or |
| |
| (b) The Executable Distribution must be accompanied with a written offer, valid for at |
| least thirty six (36) months, to give any third party under the terms of this License, for a |
| charge no more than the cost of physically performing source distribution, a complete |
| machine-readable copy of the Source Code for the Licensed Work making up the |
| Executable Distribution, to be available and distributed using an Electronic Distribution |
| Mechanism, and such Executable Distribution must remain available in Source Code |
| form to any third party via the Electronic Distribution Mechanism (or any replacement |
| Electronic Distribution Mechanism the particular Distributor may reasonably need to turn |
| to as a substitute) for said at least thirty six (36) months. |
| |
| For greater certainty, the above-noted requirements apply to any Licensed Work or |
| portion thereof distributed to any third party in Executable form, whether such |
| distribution is made alone, in combination with a Larger Work or Independent Modules, |
| or in some other combination. |
| |
| 3.3. SOURCE CODE DISTRIBUTIONS. |
| |
| When a Distributor makes the Licensed Work, or any portion thereof, available to any |
| Person in Source Code form, it must be made available under this License and a copy of |
| this License must be included with each copy of the Source Code, situated so that the |
| copy of the License is conspicuously brought to the attention of that Person. For greater |
| clarification, this Section 3.3 applies to all distribution of the Licensed Work in any |
| Source Code form. A Distributor may charge a fee for the physical act of transferring a |
| copy, which charge shall be no more than the cost of physically performing source |
| distribution. |
| |
| 3.4. REQUIRED NOTICES IN SOURCE CODE. |
| |
| Each Subsequent Contributor must ensure that the notice set out in Part 5 of Exhibit A is |
| included in each file of the Source Code for each Subsequent Work originating from that |
| particular Subsequent Contributor, if such notice is not already included in each such file. |
| If it is not possible to put such notice in a particular Source Code file due to its structure, |
| then the Subsequent Contributor must include such notice in a location (such as a relevant |
| directory in which the file is stored) where a user would be likely to look for such a |
| notice. |
| |
| 3.5. NO DISTRIBUTION REQUIREMENTS FOR INTERNALLY USED |
| MODIFICATIONS. |
| |
| Notwithstanding Sections 3.2, 3.3 and 3.4, Recipient may, internally within its own |
| corporation or organization use the Licensed Work, including the Initial Work and |
| Subsequent Works, and make Modifications for internal use within Recipient's own |
| corporation or organization (collectively, "INTERNAL USE MODIFICATIONS"). The |
| Recipient shall have no obligation to distribute, in either Source Code or Executable |
| form, any such Internal Use Modifications made by Recipient in the course of such |
| internal use, except where required below in this Section 3.5. All Internal Use |
| Modifications distributed to any Person, whether or not a Third Party, shall be distributed |
| pursuant to and be accompanied by the terms of this License. If the Recipient chooses to |
| distribute any such Internal Use Modifications to any Third Party, then the Recipient |
| shall be deemed a Subsequent Contributor, and any such Internal Use Modifications |
| distributed to any Third Party shall be deemed a Subsequent Work originating from that |
| Subsequent Contributor, and shall from the first such instance become part of the |
| Licensed Work that must thereafter be distributed and made available to third parties in |
| accordance with the terms of Sections 3.1 to 3.4 inclusive. |
| |
| 3.6. INDEPENDENT MODULES. |
| |
| This License shall not apply to Independent Modules of any Initial Contributor, |
| Subsequent Contributor, Distributor or any Recipient, and such Independent Modules |
| may be licensed or made available under one or more separate license agreements. |
| |
| 3.7. LARGER WORKS. |
| |
| Any Distributor or Recipient may create or contribute to a Larger Work by combining |
| any of the Licensed Work with other code not governed by the terms of this License, and |
| may distribute the Larger Work as one or more products. However, in any such case, |
| Distributor or Recipient (as the case may be) must make sure that the requirements of this |
| License are fulfilled for the Licensed Work portion of the Larger Work. |
| |
| 3.8. DESCRIPTION OF DISTRIBUTED MODIFICATIONS. |
| |
| (a) Each Subsequent Contributor (including the Initial Contributor where the Initial |
| Contributor also qualifies as a Subsequent Contributor) must cause each Subsequent |
| Work created or contributed to by that Subsequent Contributor to contain a file |
| documenting the changes, in accordance with the requirements of Part 1 of the |
| Supplement File, that such Subsequent Contributor made in the creation or contribution |
| to that Subsequent Work. If no Supplement File exists or no requirements are set out in |
| Part 1 of the Supplement File, then there are no requirements for Subsequent Contributors |
| to document changes that they make resulting in Subsequent Works. |
| |
| (b) The Initial Contributor may at any time introduce requirements or add to or change |
| earlier requirements (in each case, the "EARLIER DESCRIPTION REQUIREMENTS") |
| for documenting changes resulting in Subsequent Works by revising Part 1 of each copy |
| of the Supplement File distributed by the Initial Contributor with future copies of the |
| Licensed Work so that Part 1 then contains new requirements (the "NEW |
| DESCRIPTION REQUIREMENTS") for documenting such changes. |
| |
| (c) Any Recipient receiving at any time any copy of an Initial Work or any Subsequent |
| Work under a copy of this License (in each case, an "Earlier LICENSED COPY") having |
| the Earlier Description Requirements may choose, with respect to each such Earlier |
| Licensed Copy, to comply with the Earlier Description Requirements or the New |
| Description Requirements. Where a Recipient chooses to comply with the New |
| Description Requirements, that Recipient will, when thereafter distributing any copies of |
| any such Earlier Licensed Copy, include a Supplement File having a section entitled Part |
| 1 that contains a copy of the New Description Requirements. |
| |
| (d) For greater certainty, the intent of Part 1 of the Supplement File is to provide a |
| mechanism (if any) by which Subsequent Contributors must document changes that they |
| make to the Licensed Work resulting in Subsequent Works. Part 1 of any Supplement |
| File shall not be used to increase or reduce the scope of the license granted in Article 2 of |
| this License or in any other way increase or decrease the rights and obligations of any |
| Recipient, and shall at no time serve as the basis for terminating the License. Further, a |
| Recipient can be required to correct and change its documentation procedures to comply |
| with Part 1 of the Supplement File, but cannot be penalised with damages. Part 1 of any |
| Supplement File is only binding on each Recipient of any Licensed Work to the extent |
| Part 1 sets out the requirements for documenting changes to the Initial Work or any |
| Subsequent Work. |
| |
| (e) An example of a set of requirements for documenting changes and contributions |
| made by Subsequent Contributor is set out in Part 7 of Exhibit A of this License. Part 7 is |
| a sample only and is not binding on Recipients, unless (subject to the earlier paragraphs |
| of this Section 3.8) those are the requirements that the Initial Contributor includes in Part |
| 1 of the Supplement File with the copies of the Initial Work distributed under this |
| License. |
| |
| 3.9. USE OF DISTRIBUTOR NAME. |
| |
| The name of a Distributor may not be used by any other Distributor to endorse or |
| promote the Licensed Work or products derived from the Licensed Work, without prior |
| written permission. |
| |
| 3.10. LIMITED RECOGNITION OF INITIAL CONTRIBUTOR. |
| |
| (a) As a modest attribution to the Initial Contributor, in the hope that its promotional |
| value may help justify the time, money and effort invested in writing the Initial Work, the |
| Initial Contributor may include in Part 2 of the Supplement File a requirement that each |
| time an executable program resulting from the Initial Work or any Subsequent Work, or a |
| program dependent thereon, is launched or run, a prominent display of the Initial |
| Contributor's attribution information must occur (the "ATTRIBUTION |
| INFORMATION"). The Attribution Information must be included at the beginning of |
| each Source Code file. For greater certainty, the Initial Contributor may specify in the |
| Supplement File that the above attribution requirement only applies to an executable |
| program resulting from the Initial Work or any Subsequent Work, but not a program |
| dependent thereon. The intent is to provide for reasonably modest attribution, therefore |
| the Initial Contributor may not require Recipients to display, at any time, more than the |
| following Attribution Information: (a) a copyright notice including the name of the Initial |
| Contributor; (b) a word or one phrase (not exceeding 10 words); (c) one digital image or |
| graphic provided with the Initial Work; and (d) a URL (collectively, the |
| "ATTRIBUTION LIMITS"). |
| |
| (b) If no Supplement File exists, or no Attribution Information is set out in Part 2 of the |
| Supplement File, then there are no requirements for Recipients to display any Attribution |
| Information of the Initial Contributor. |
| |
| (c) Each Recipient acknowledges that all trademarks, service marks and/or trade names |
| contained within Part 2 of the Supplement File distributed with the Licensed Work are |
| the exclusive property of the Initial Contributor and may only be used with the |
| permission of the Initial Contributor, or under circumstances otherwise permitted by law, |
| or as expressly set out in this License. |
| |
| 3.11. For greater certainty, any description or attribution provisions contained within a |
| Supplement File may only be used to specify the nature of the description or attribution |
| requirements, as the case may be. Any provision in a Supplement File that otherwise |
| purports to modify, vary, nullify or amend any right, obligation or representation |
| contained herein shall be deemed void to that extent, and shall be of no force or effect. |
| |
| 4. COMMERCIAL USE AND INDEMNITY. |
| |
| 4.1. COMMERCIAL SERVICES. |
| |
| A Recipient ("COMMERCIAL RECIPIENT") may choose to offer, and to charge a fee |
| for, warranty, support, indemnity or liability obligations (collectively, "SERVICES") to |
| one or more other Recipients or Distributors. However, such Commercial Recipient may |
| do so only on that Commercial Recipient's own behalf, and not on behalf of any other |
| Distributor or Recipient, and Commercial Recipient must make it clear than any such |
| warranty, support, indemnity or liability obligation(s) is/are offered by Commercial |
| Recipient alone. At no time may Commercial Recipient use any Services to deny any |
| party the Licensed Work in Source Code or Executable form when so required under any |
| of the other terms of this License. For greater certainty, this Section 4.1 does not diminish |
| any of the other terms of this License, including without limitation the obligation of the |
| Commercial Recipient as a Distributor, when distributing any of the Licensed Work in |
| Source Code or Executable form, to make such distribution royalty-free (subject to the |
| right to charge a fee of no more than the cost of physically performing Source Code or |
| Executable distribution (as the case may be)). |
| |
| 4.2. INDEMNITY. |
| |
| Commercial distributors of software may accept certain responsibilities with respect to |
| end users, business partners and the like. While this License is intended to facilitate the |
| commercial use of the Licensed Work, the Distributor who includes any of the Licensed |
| Work in a commercial product offering should do so in a manner which does not create |
| potential liability for other Distributors. Therefore, if a Distributor includes the Licensed |
| Work in a commercial product offering or offers any Services, such Distributor |
| ("COMMERCIAL DISTRIBUTOR") hereby agrees to defend and indemnify every other |
| Distributor or Subsequent Contributor (in each case an "INDEMNIFIED PARTY") |
| against any losses, damages and costs (collectively "LOSSES") arising from claims, |
| lawsuits and other legal actions brought by a third party against the Indemnified Party to |
| the extent caused by the acts or omissions of such Commercial Distributor in connection |
| with its distribution of any of the Licensed Work in a commercial product offering or in |
| connection with any Services. The obligations in this section do not apply to any claims |
| or Losses relating to any actual or alleged intellectual property infringement. In order to |
| qualify, an Indemnified Party must: (a) promptly notify the Commercial Distributor in |
| writing of such claim; and (b) allow the Commercial Distributor to control, and co- |
| operate with the Commercial Distributor in, the defense and any related settlement |
| negotiations. The Indemnified Party may participate in any such claim at its own |
| expense. |
| |
| 5. VERSIONS OF THE LICENSE. |
| |
| 5.1. NEW VERSIONS. |
| |
| The Initial Contributor may publish revised and/or new versions of the License from |
| time to time. Each version will be given a distinguishing version number. |
| |
| 5.2. EFFECT OF NEW VERSIONS. |
| |
| Once the Licensed Work or any portion thereof has been published by Initial Contributor |
| under a particular version of the License, Recipient may choose to continue to use it |
| under the terms of that version. However, if a Recipient chooses to use the Licensed |
| Work under the terms of any subsequent version of the License published by the Initial |
| Contributor, then from the date of making this choice, the Recipient must comply with |
| the terms of that subsequent version with respect to all further reproduction, preparation |
| of derivative works, public display of, public performance of, distribution and |
| sublicensing by the Recipient in connection with the Licensed Work. No one other than |
| the Initial Contributor has the right to modify the terms applicable to the Licensed Work |
| |
| 6. DISCLAIMER OF WARRANTY. |
| |
| 6.1. GENERAL DISCLAIMER. |
| |
| EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE LICENSED WORK |
| IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT ANY |
| REPRESENTATION, WARRANTY, GUARANTEE, ASSURANCE OR CONDITION |
| OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT |
| LIMITATION, WARRANTIES OR CONDITIONS OF TITLE, NON- |
| INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR |
| PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF |
| THE LICENSED WORK IS WITH RECIPIENT. SHOULD ANY LICENSED WORK |
| PROVE DEFECTIVE IN ANY RESPECT, RECIPIENT (NOT THE INITIAL |
| CONTRIBUTOR OR ANY SUBSEQUENT CONTRIBUTOR) ASSUMES THE COST |
| OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS CLAUSE |
| CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY |
| LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS |
| LICENSE INCLUDING WITHOUT LIMITATION THIS DISCLAIMER. |
| |
| 6.2. RESPONSIBILITY OF RECIPIENTS. |
| |
| Each Recipient is solely responsible for determining the appropriateness of using and |
| distributing the Licensed Work and assumes all risks associated with its exercise of rights |
| under this License, including but not limited to the risks and costs of program errors, |
| compliance with applicable laws, damage to or loss of data, programs or equipment, and |
| unavailability or interruption of operations. |
| |
| 7. TERMINATION. |
| |
| 7.1. This License shall continue until terminated in accordance with the express terms |
| herein. |
| |
| 7.2. Recipient may choose to terminate this License automatically at any time. |
| |
| 7.3. This License, including without limitation the rights granted hereunder to a |
| particular Recipient, will terminate automatically if such Recipient is in material breach |
| of any of the terms of this License and fails to cure such breach within sixty (60) days of |
| becoming aware of the breach. Without limiting the foregoing, any material breach by |
| such Recipient of any term of any other License under which such Recipient is granted |
| any rights to the Licensed Work shall constitute a material breach of this License. |
| |
| 7.4. Upon termination of this License by or with respect to a particular Recipient for any |
| reason, all rights granted hereunder and under any other License to that Recipient shall |
| terminate. However, all sublicenses to the Licensed Work which were previously |
| properly granted by such Recipient under a copy of this License (in each case, an "Other |
| License" and in plural, "Other Licenses") shall survive any such termination of this |
| License, including without limitation the rights and obligations under such Other |
| Licenses as set out in their respective Sections 2, 3, 4, 5, 6, 7 and 8, mutatis mutandis, for |
| so long as the respective sublicensees (i.e. other Recipients) remain in compliance with |
| the terms of the copy of this License under which such sublicensees received rights to the |
| Licensed Work. Any termination of such Other Licenses shall be pursuant to their |
| respective Section 7, mutatis mutandis. Provisions which, by their nature, must remain in |
| effect beyond the termination of this License shall survive. |
| |
| 7.5. Upon any termination of this License by or with respect to a particular Recipient, |
| Sections 4.1, 4.2, 6.1, 6.2, 7.4, 7.5, 8.1, and 8.2, together with all provisions of this |
| License necessary for the interpretation and enforcement of same, shall expressly survive |
| such termination. |
| |
| 8. LIMITATION OF LIABILITY. |
| |
| 8.1. IN NO EVENT SHALL ANY OF INITIAL CONTRIBUTOR, ITS |
| SUBSIDIARIES, OR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE |
| OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS (AS THE CASE MAY |
| BE), HAVE ANY LIABILITY FOR ANY DIRECT DAMAGES, INDIRECT |
| DAMAGES, PUNITIVE DAMAGES, INCIDENTAL DAMAGES, SPECIAL |
| DAMAGES, EXEMPLARY DAMAGES, CONSEQUENTIAL DAMAGES OR ANY |
| OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS |
| OF USE, DATA OR PROFITS, OR ANY OTHER LOSS ARISING OUT OF OR IN |
| ANY WAY RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, |
| PERFORMANCE, OR NON-PERFORMANCE OF THE LICENSED WORK OR ANY |
| PART THEREOF OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT |
| SERVICES, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS |
| IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF |
| PERFORMANCE), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, |
| WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING |
| NEGLIGENCE OR OTHERWISE) IN RELATION TO OR ARISING IN ANY WAY |
| OUT OF THIS LICENSE OR THE USE OR DISTRIBUTION OF THE LICENSED |
| WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF |
| ADVISED 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. THIS CLAUSE |
| CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY |
| LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS |
| LICENSE INCLUDING WITHOUT LIMITATION THE LIMITATIONS SET FORTH |
| IN THIS SECTION 8.1. |
| |
| 8.2. EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, EACH RECIPIENT |
| SHALL NOT HAVE ANY LIABILITY FOR ANY EXEMPLARY, OR |
| CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST |
| PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, |
| WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING |
| NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR |
| DISTRIBUTION OF THE LICENSED WORK OR THE EXERCISE OF ANY RIGHTS |
| GRANTED HEREUNDER, EVEN IF ADVISED 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. |
| |
| 9. GOVERNING LAW AND LEGAL ACTION. |
| |
| 9.1. This License shall be governed by and construed in accordance with the laws of the |
| Governing Jurisdiction assigned in Part 3 of Exhibit A, without regard to its conflict of |
| law provisions. No party may bring a legal action under this License more than one year |
| after the cause of the action arose. Each party waives its rights (if any) to a jury trial in |
| any litigation arising under this License. Note that if the Governing Jurisdiction is not |
| assigned in Part 3 of Exhibit A, then the Governing Jurisdiction shall be the State of New |
| York. |
| |
| 9.2. The courts of the Governing Jurisdiction shall have jurisdiction, but not exclusive |
| jurisdiction, to entertain and determine all disputes and claims, whether for specific |
| performance, injunction, damages or otherwise, both at law and in equity, arising out of |
| or in any way relating to this License, including without limitation, the legality, validity, |
| existence and enforceability of this License. Each party to this License hereby |
| irrevocably attorns to and accepts the jurisdiction of the courts of the Governing |
| Jurisdiction for such purposes. |
| |
| 9.3. Except as expressly set forth elsewhere herein, in the event of any action or |
| proceeding brought by any party against another under this License the prevailing party |
| shall be entitled to recover all costs and expenses including the fees of its attorneys in |
| such action or proceeding in such amount as the court may adjudge reasonable. |
| |
| 10. MISCELLANEOUS. |
| |
| 10.1. The obligations imposed by this License are for the benefit of the Initial |
| Contributor and any Recipient, and each Recipient acknowledges and agrees that the |
| Initial Contributor and/or any other Recipient may enforce the terms and conditions of |
| this License against any Recipient. |
| |
| 10.2. This License represents the complete agreement concerning subject matter hereof, |
| and supersedes and cancels all previous oral and written communications, |
| representations, agreements and understandings between the parties with respect to the |
| subject matter hereof. |
| |
| 10.3. The application of the United Nations Convention on Contracts for the |
| International Sale of Goods is expressly excluded. |
| |
| 10.4. The language in all parts of this License shall be in all cases construed simply |
| according to its fair meaning, and not strictly for or against any of the parties hereto. Any |
| law or regulation which provides that the language of a contract shall be construed |
| against the drafter shall not apply to this License. |
| |
| 10.5. If any provision of this License is invalid or unenforceable under the laws of the |
| Governing Jurisdiction, it shall not affect the validity or enforceability of the remainder |
| of the terms of this License, and without further action by the parties hereto, such |
| provision shall be reformed to the minimum extent necessary to make such provision |
| valid and enforceable. |
| |
| 10.6. The paragraph headings of this License are for reference and convenience only and |
| are not a part of this License, and they shall have no effect upon the construction or |
| interpretation of any part hereof. |
| |
| 10.7. Each of the terms "including", "include" and "includes", when used in this License, |
| is not limiting whether or not non-limiting language (such as "without limitation" or "but |
| not limited to" or words of similar import) is used with reference thereto. |
| |
| 10.8. The parties hereto acknowledge they have expressly required that this License and |
| notices relating thereto be drafted in the English language. |
| |
| //***THE LICENSE TERMS END HERE (OTHER THAN AS SET OUT IN EXHIBIT |
| //A).***// |
| |
| EXHIBIT A (to the Adaptive Public License) |
| |
| PART 1: INITIAL CONTRIBUTOR AND DESIGNATED WEB SITE The Initial |
| Contributor is: MusicIP Corporation (www.musicip.com) |
| |
| Address of Initial Contributor: |
| |
| 605 E. Huntington Dr., Suite 201 |
| Monrovia, California, 91016 USA |
| +1 (626) 359-9702 |
| |
| [Enter address above] |
| |
| The Designated Web Site is: http://www.musicdns.org/ |
| |
| NOTE: The Initial Contributor is to complete this Part 1, along with Parts 2, 3, and 5, |
| and, if applicable, Parts 4 and 6. |
| |
| PART 2: INITIAL WORK |
| |
| The Initial Work comprises the computer program(s) distributed by the Initial |
| Contributor having the following title(s): ___LIBOFA (Open Fingerprint Architecture |
| Library 1.0)__. |
| |
| The date on which the Initial Work was first available under this License: __March 11th, |
| 2006____ |
| |
| PART 3: GOVERNING JURISDICTION |
| |
| For the purposes of this License, the Governing Jurisdiction is State of California, USA. |
| |
| |
| |
| PART 4: THIRD PARTIES |
| |
| For the purposes of this License, "Third Party" has the definition set forth below in the |
| ONE paragraph selected by the Initial Contributor from paragraphs A, B, C, D and E |
| when the Initial Work is distributed or otherwise made available by the Initial |
| Contributor. To select one of the following paragraphs, the Initial Contributor must place |
| an "X" or "x" in the selection box alongside the one respective paragraph selected. |
| SELECTION BOX PARAGRAPH [ ] A. "THIRD PARTY" means any third party. |
| |
| [X] B. "THIRD PARTY" means any third party except for any of the following: (a) a |
| wholly owned subsidiary of the Subsequent Contributor in question; (b) a legal entity (the |
| "PARENT") that wholly owns the Subsequent Contributor in question; or (c) a wholly |
| owned subsidiary of the wholly owned subsidiary in (a) or of the Parent in (b). |
| |
| [ ] C. "THIRD PARTY" means any third party except for any of the following: (a) |
| any Person directly or indirectly owning a majority of the voting interest in the |
| Subsequent Contributor or (b) any Person in which the Subsequent Contributor directly |
| or indirectly owns a majority voting interest. |
| |
| [ ] D. "THIRD PARTY" means any third party except for any Person directly or |
| indirectly controlled by the Subsequent Contributor. For purposes of this definition, |
| "control" shall mean the power to direct or cause the direction of, the management and |
| policies of such Person whether through the ownership of voting interests, by contract, or |
| otherwise. |
| |
| [ ] E. "THIRD PARTY" means any third party except for any Person directly or |
| indirectly controlling, controlled by, or under common control with the Subsequent |
| Contributor. For purposes of this definition, "control" shall mean the power to direct or |
| cause the direction of, the management and policies of such Person whether through the |
| ownership of voting interests, by contract, or otherwise. |
| |
| The default definition of "THIRD PARTY" is the definition set forth in paragraph A, if |
| NONE OR MORE THAN ONE of paragraphs A, B, C, D or E in this Part 4 are selected |
| by the Initial Contributor. |
| |
| PART 5: NOTICE |
| |
| THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THE ADAPTIVE |
| PUBLIC LICENSE ("LICENSE") AS FIRST COMPLETED BY: MusicIP Corporation, |
| Doing Business As MusicIP. ANY USE, PUBLIC DISPLAY, PUBLIC |
| PERFORMANCE, REPRODUCTION OR DISTRIBUTION OF, OR PREPARATION |
| OF DERIVATIVE WORKS BASED ON, THE LICENSED WORK CONSTITUTES |
| RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND ITS TERMS, WHETHER OR |
| NOT SUCH RECIPIENT READS THE TERMS OF THE LICENSE. "LICENSED |
| WORK" AND "RECIPIENT" ARE DEFINED IN THE LICENSE. A COPY OF THE |
| LICENSE IS LOCATED IN THE TEXT FILE ENTITLED "LICENSE.TXT" |
| ACCOMPANYING THE CONTENTS OF THIS FILE. IF A COPY OF THE LICENSE |
| DOES NOT ACCOMPANY THIS FILE, A COPY OF THE LICENSE MAY ALSO BE |
| OBTAINED AT THE FOLLOWING WEB SITE: http://www.musicdns.org/ |
| |
| 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. |
| |
| PART 6: PATENT LICENSING TERMS |
| |
| For the purposes of this License, paragraphs A, B, C, D and E of this Part 6 of Exhibit A |
| are only incorporated and form part of the terms of the License if the Initial Contributor |
| places an "X" or "x" in the selection box alongside the YES answer to the question |
| immediately below. |
| |
| Is this a Patents-Included License pursuant to Section 2.2 of the License? |
| |
| YES [ ] NO [X] |
| |
| By default, if YES is not selected by the Initial Contributor, the answer is NO. |
| |
| A. For the purposes of the paragraphs in this Part 6 of Exhibit A, "LICENSABLE" |
| means having the right to grant, to the maximum extent possible, whether at the time of |
| the initial grant or subsequently acquired, any and all of the rights granted herein. |
| |
| B. The Initial Contributor hereby grants all Recipients a world-wide, royalty-free, non- |
| exclusive license, subject to third party intellectual property claims, under patent claim(s) |
| Licensable by the Initial Contributor that are or would be infringed by the making, using, |
| selling, offering for sale, having made, importing, exporting, transfer or disposal of such |
| Initial Work or any portion thereof. Notwithstanding the foregoing, no patent license is |
| granted under this Paragraph B by the Initial Contributor: (1) for any code that the Initial |
| Contributor deletes from the Initial Work (or any portion thereof) distributed by the |
| Initial Contributor prior to such distribution; (2) for any Modifications made to the Initial |
| Work (or any portion thereof) by any other Person; or (3) separate from the Initial Work |
| (or portions thereof) distributed or made available by the Initial Contributor. |
| |
| C. Effective upon distribution by a Subsequent Contributor to a Third Party of any |
| Modifications made by that Subsequent Contributor, such Subsequent Contributor hereby |
| grants all Recipients a world-wide, royalty-free, non-exclusive license, subject to third |
| party intellectual property claims, under patent claim(s) Licensable by such Subsequent |
| Contributor that are or would be infringed by the making, using, selling, offering for sale, |
| having made, importing, exporting, transfer or disposal of any such Modifications made |
| by that Subsequent Contributor alone and/or in combination with its Subsequent Work |
| (or portions of such combination) to make, use, sell, offer for sale, have made, import, |
| export, transfer and otherwise dispose of: |
| |
| (1) Modifications made by that Subsequent Contributor (or portions thereof); and |
| |
| (2) the combination of Modifications made by that Subsequent Contributor with its |
| Subsequent Work (or portions of such combination); |
| |
| (collectively and in each case, the "SUBSEQUENT CONTRIBUTOR VERSION"). |
| |
| Notwithstanding the foregoing, no patent license is granted under this Paragraph C by |
| such Subsequent Contributor: (1) for any code that such Subsequent Contributor deletes |
| from the Subsequent Contributor Version (or any portion thereof) distributed by the |
| Subsequent Contributor prior to such distribution; (2) for any Modifications made to the |
| Subsequent Contributor Version (or any portion thereof) by any other Person; or (3) |
| separate from the Subsequent Contributor Version (or portions thereof) distributed or |
| made available by the Subsequent Contributor. |
| |
| D. Effective upon distribution of any Licensed Work by a Distributor to a Third Party, |
| such Distributor hereby grants all Recipients a world-wide, royalty-free, non-exclusive |
| license, subject to third party intellectual property claims, under patent claim(s) |
| Licensable by such Distributor that are or would be infringed by the making, using, |
| selling, offering for sale, having made, importing, exporting, transfer or disposal of any |
| such Licensed Work distributed by such Distributor, to make, use, sell, offer for sale, |
| have made, import, export, transfer and otherwise dispose of such Licensed Work or |
| portions thereof (collectively and in each case, the "DISTRIBUTOR VERSION"). |
| Notwithstanding the foregoing, no patent license is granted under this Paragraph D by |
| such Distributor: (1) for any code that such Distributor deletes from the Distributor |
| Version (or any portion thereof) distributed by the Distributor prior to such distribution; |
| (2) for any Modifications made to the Distributor Version (or any portion thereof) by any |
| other Person; or (3) separate from the Distributor Version (or portions thereof) distributed |
| or made available by the Distributor. |
| |
| E. If Recipient institutes patent litigation against another Recipient (a "USER") with |
| respect to a patent applicable to a computer program or software (including a cross-claim |
| or counterclaim in a lawsuit, and whether or not any of the patent claims are directed to a |
| system, method, process, apparatus, device, product, article of manufacture or any other |
| form of patent claim), then any patent or copyright license granted by that User to such |
| Recipient under this License or any other copy of this License shall terminate. The |
| termination shall be effective ninety (90) days after notice of termination from User to |
| Recipient, unless the Recipient withdraws the patent litigation claim before the end of the |
| ninety (90) day period. To be effective, any such notice of license termination must |
| include a specific list of applicable patents and/or a copy of the copyrighted work of User |
| that User alleges will be infringed by Recipient upon License termination. License |
| termination is only effective with respect to patents and/or copyrights for which proper |
| notice has been given. |
| |
| PART 7: SAMPLE REQUIREMENTS FOR THE DESCRIPTION OF DISTRIBUTED |
| MODIFICATIONS |
| |
| Each Subsequent Contributor (including the Initial Contributor where the Initial |
| Contributor qualifies as a Subsequent Contributor) is invited (but not required) to cause |
| each Subsequent Work created or contributed to by that Subsequent Contributor to |
| contain a file documenting the changes such Subsequent Contributor made to create that |
| Subsequent Work and the date of any change. |
| |
| //***EXHIBIT A ENDS HERE.***// |
| |
| -- with the following supplement -- |
| |
| Supplemental Text file for Open Fingerprint Architecture library (LIBOFA) distributed |
| under Adaptive Public License 1.0 |
| |
| Per Section 3.10, LIMITED RECOGNITION OF INITIAL CONTRIBUTOR |
| |
| (a) As a modest attribution to the Initial Contributor, in the hope that its promotional |
| value may help justify the time, money and effort invested in writing the Initial Work, the |
| Initial Contributor may include in Part 2 of the Supplement File a requirement that each |
| time an executable program resulting from the Initial Work or any Subsequent Work, or a |
| program dependent thereon, is launched or run, a prominent display of the Initial |
| Contributor's attribution information must occur (the "ATTRIBUTION |
| INFORMATION"). The Attribution Information must be included at the beginning of |
| each Source Code file. For greater certainty, the Initial Contributor may specify in the |
| Supplement File that the above attribution requirement only applies to an executable |
| program resulting from the Initial Work or any Subsequent Work, but not a program |
| dependent thereon. The intent is to provide for reasonably modest attribution, therefore |
| the Initial Contributor may not require Recipients to display, at any time, more than the |
| following Attribution Information: (a) a copyright notice including the name of the Initial |
| Contributor; (b) a word or one phrase (not exceeding 10 words); (c) one digital image or |
| graphic provided with the Initial Work; and (d) a URL (collectively, the |
| "ATTRIBUTION LIMITS"). |
| |
| The attribution requested by MusicIP for this source code is: |
| (c) a digital imageconnected_by_musicip.gif or connected_by_musicip.png included |
| with this source code, also available from |
| http://www.musicip.com/connected_by_musicip.gif or |
| http://www.musicip.com/connected_by_musicip.png |
| |
| (d) a URL. The image should be hyperlinked to http://www.musicip.com/ |
| |
| MusicIP requests that the image be legibly presented against a contrasting (light) |
| background color such as white or light grey. |