Initial Developer's PUBLIC LICENSE | |
Version 1.0 | |
1. Definitions | |
1.0 "Commercial Use" means distribution or otherwise making the Covered | |
Code available to a third party. | |
1.1 ''Contributor'' means each entity that creates or contributes to the | |
creation of Modifications. | |
1.2 ''Contributor Version'' means the combination of the Original Code, prior | |
Modifications used by a Contributor, and the Modifications made by that | |
particular Contributor. | |
1.3. ''Covered Code'' means the Original Code or Modifications or the | |
combination of the Original Code and Modifications, in each case including | |
portions thereof. | |
1.4. ''Electronic Distribution Mechanism'' means a mechanism generally | |
accepted in the software development community for the electronic transfer of | |
data. | |
1.5. ''Executable'' means Covered Code in any form other than Source Code. | |
1.6. ''Initial Developer'' means the individual or entity identified as the Initial | |
Developer in the Source Code notice required by Exhibit A. | |
1.7. ''Larger Work'' means a work which combines Covered Code or portions | |
thereof with code not governed by the terms of this License. | |
1.8. ''License'' means this document. | |
1.8.1. "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 conveyed herein. | |
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: | |
Any addition to or deletion from the contents of a file containing Original | |
Code or previous Modifications. | |
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. | |
1.10.1. "Patent Claims" means any patent claim(s), now owned or | |
hereafter acquired, including without limitation, method, process, and | |
apparatus claims, in any patent Licensable by grantor. | |
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 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'' (or "Your") 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 w hich 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 more than fifty percent (50%) of | |
the outstanding shares or beneficial ownership of such entity. | |
2. Source Code License. | |
2.1. The Initial Developer Grant. The Initial Developer hereby grants You a | |
world-wide, royalty-free, non-exclusive license, subject to third party intellectual | |
property claims: | |
(a) under intellectual property rights (other than patent or trademark) | |
Licensable by Initial Developer to use, reproduce, modify, display, perform, | |
sublicense and distribute the Original Code (or portions thereof) with or without | |
Modifications, and/or as part of a Larger Work; and | |
(b) under Patents Claims infringed by the making, using or selling of Original | |
Code, to make, have made, use, practice, sell, and offer for sale, and/or | |
otherwise dispose of the Original Code (or portions thereof). | |
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the date | |
Initial Developer first distributes Original Code under the terms of this License. | |
d) Notwithstanding Section 2.1(b) above, no patent license is granted: | |
1) for code that You delete from the Original Code; | |
2) separate from the Original Code; or | |
3) for infringements caused by: | |
i) the modification of the Original Code or | |
ii) the combination of the Original Code with other software or | |
devices. | |
2.2. Contributor Grant. Subject to third party intellectual property claims, each | |
Contributor hereby grants You a world-wide, royalty-free, non-exclusive license | |
(a) under intellectual property rights (other than patent or trademark) | |
Licensable by Contributor, 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 and/or as part of a Larger Work; and | |
(b) under Patent Claims infringed by the making, using, or selling of | |
Modifications made by that Contributor either alone and/or in combination with | |
its Contributor Version (or portions of such combination), to make, use, sell, | |
offer for sale, have made, and/or otherwise dispose of: 1) Modifications made | |
by that Contributor (or portions thereof); and 2) the combination of | |
Modifications made by that Contributor with its Contributor Version (or portions | |
of such combination). | |
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date | |
Contributor first makes Commercial Use of the Covered Code. | |
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: | |
1) for any code that Contributor has deleted from the Contributor | |
Version; | |
2) separate from the Contributor Version; | |
3) for infringements caused by: | |
i) third party modifications of Contributor Version or | |
ii) the combination of Modifications made by that Contributor with | |
other software (except as part of the Contributor Version) or | |
other devices; or | |
4) under Patent Claims infringed by Covered Code in the absence of | |
Modifications made by that Contributor. | |
3. Distribution Obligations. | |
3.1. Application of License. The Modifications which You create or to which | |
You contribute are governed by the terms of this License, including without | |
limitation Section 2.2. The Source Code version of Covered Code may be | |
distributed only under the terms of this License or a future version of this | |
License released under Section 6.1, and You must include a copy of this | |
License with every copy of the Source Code You distribute. You may not offer | |
or impose any terms on any Source Code version that alters or restricts the | |
applicable version of this License or the recipients' rights hereunder. However, | |
You may include an additional document offering the additional rights described | |
in Section 3.5. | |
3.2. Availability of Source Code. Any Modification which You create or to | |
which You contribute must be made available in Source Code form under the | |
terms of this License either on the same media as an Executable version or via | |
an accepted Electronic Distribution Mechanism to anyone to whom you made | |
an Executable version available; and if made available via Electronic Distribution | |
Mechanism, must remain available for at least twelve (12) months after the | |
date it initially became available, or at least six (6) months after a subsequent | |
version of that particular Modification has been made available to such | |
recipients. You are responsible for ensuring that the Source Code version | |
remains available even if the Electronic Distribution Mechanism is maintained by | |
a third party. | |
3.3. Description of Modifications. You must cause all Covered Code to | |
which You contribute to contain a file documenting the changes You made to | |
create that Covered Code and the date of any change. You must include a | |
prominent statement that the Modification is derived, directly or indirectly, from | |
Original Code provided by the Initial Developer and including the name of the | |
Initial Developer in | |
(a) the Source Code, and | |
(b) in any notice in an Executable version or related documentation in | |
which You describe the origin or ownership of the Covered Code. | |
3.4. Intellectual Property Matters | |
a) Third Party Claims. If Contributor has knowledge that a license under | |
a third party's intellectual property rights is required to exercise the | |
rights granted by such Contributor under Sections 2.1 or 2.2, | |
Contributor 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 | |
Contributor obtains such knowledge after the Modification is made | |
available as described in Section 3.2, Contributor shall promptly modify | |
the LEGAL file in all copies Contributor makes available thereafter and | |
shall take other steps (such as notifying appropriate mailing lists or | |
newsgroups) reasonably calculated to inform those who received the | |
Covered Code that new knowledge has been obtained. | |
(b) Contributor APIs. If Contributor's Modifications include an application | |
programming interface and Contributor has knowledge of patent | |
licenses which are reasonably necessary to implement that API, | |
Contributor must also include this information in the LEGAL file. | |
(c) 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. 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) where a user would be likely to look for such a | |
notice. If You created one or more Modification(s) You may add your name as | |
a Contributor to the notice described in Exhibit A. You must also duplicate this | |
License in any documentation for the Source Code where You describe | |
recipients' rights or ownership rights relating to Covered Code. You may | |
choose to offer, and to charge a fee for, warranty, support, indemnity or | |
liability obligations to one or more recipients of Covered Code. However, You | |
may do so only on Your own behalf, and not on behalf of the Initial Developer | |
or any Contributor. You must make it absolutely clear than any such warranty, | |
support, indemnity or liability obligation is offered by You alone, and You | |
hereby agree to indemnify the Initial Developer and every Contributor for any | |
liability incurred by the Initial Developer or such Contributor as a result of | |
warranty, support, indemnity or liability terms You offer. | |
3.6. Distribution of Executable Versions. You may distribute Covered | |
Code in Executable form only if the requirements of Section 3.1-3.5 have been | |
met for that Covered Code, and if You include a notice stating that the Source | |
Code version of the Covered Code is available under the terms of this License, | |
including a description of how and where You have fulfilled the obligations of | |
Section 3.2. The notice must be conspicuously included in any notice in an | |
Executable version, related documentation or collateral in which You describe | |
recipients' rights relating to the Covered Code. You may distribute the | |
Executable version of Covered Code or ownership rights 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 hat the license | |
for the Executable version does not attempt to limit or alter the recipient's rights | |
in the Source Code version from the rights set forth in this License. If You | |
distribute the Executable version under a different license You must make it | |
absolutely clear that any terms which differ from this License are offered by | |
You alone, not by the Initial Developer or any Contributor. You hereby agree to | |
indemnify the Initial Developer and every Contributor for any liability incurred by | |
the Initial Developer or such Contributor as a result of any such terms You | |
offer. | |
3.7. Larger Works. You may create a Larger Work by combining Covered | |
Code with other code not governed by the terms of this License and distribute | |
the Larger Work as a single product. In such a case, You must make sure the | |
requirements of this License are fulfilled for the Covered Code. | |
4. Inability to Comply Due to Statute or Regulation. | |
If it is impossible for You to comply with any of the terms of this License with respect | |
to some or all of the Covered Code due to statute, judicial order, or regulation then You | |
must: | |
(a) comply with the terms of this License to the maximum extent possible; and | |
(b) describe the limitations and the code they affect. Such description must be | |
included in the LEGAL file described in Section 3.4 and must be included with | |
all distributions of the Source Code. Except to the extent prohibited by statute | |
or regulation, such description must be sufficiently detailed for a recipient of | |
ordinary skill to be able to understand it. | |
5. Application of this License. | |
This License applies to code to which the Initial Developer has attached the notice in | |
Exhibit A and to related Covered Code. | |
6. Versions of the License. | |
6.1. New Versions. The Initial Developer of this code may publish revised | |
and/or new versions of the License from time to time. Each version will be | |
given a distinguishing version number. | |
6.2. Effect of New Versions. Once Covered Code has been published under | |
a particular version of the License, You may always continue to use it under | |
the terms of that version. You may also choose to use such Covered Code | |
under the terms of any subsequent version of the License published by the | |
Initial Developer. No one other than the 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 | |
(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 ''Mozilla'', ''MOZILLAPL'', | |
''MOZPL'', ''Netscape'', "MPL", ''NPL", or any confusingly similar phrases | |
do not appear in your license (except to note that your license differs | |
from this License) and | |
(b) otherwise make it clear that Your version of the license contains | |
terms which differ from the Mozilla Public License and Netscape 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 Origin of the Initial Developer's Public License. The Initial Developer's | |
Public License is based on the Mozilla Public License V 1.1 with the following | |
changes: | |
1) The license is published by the Initial Developer of this code. Only the | |
Initial Developer can modify the terms applicable to Covered Code. | |
2) The license can be modified and used for code which is not already | |
governed by this license. Modified versions of the license must be | |
renamed to avoid confusion with Netscape's license Initial Developer's's | |
license and must include a description of changes from the Initial | |
Developer's Public License. | |
3) The name of the license in Exhibit A is the "Initial Developer's Public | |
License". | |
4) The reference to an alternative license in Exhibit A has been removed | |
. | |
5) Amendments I, II, III, V, and VI have been deleted. | |
6) Exhibit A, Netscape Public License has been deleted | |
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. This License and the rights granted hereunder will terminate automatically | |
if You fail to comply with terms herein and fail to cure such breach within 30 | |
days of becoming aware of the breach. All sublicenses to the Covered Code | |
which are properly granted shall survive any termination of this License. | |
Provisions which, by their nature, must remain in effect beyond the termination | |
of this License shall survive. | |
8.2. 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 YOU, THE INITIAL | |
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED | |
CODE, 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 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 THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. | |
10. U.S. GOVERNMENT END USERS. | |
The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R. 2.101 | |
(Oct. 1995), consisting of ''commercial computer software'' and ''commercial computer | |
software documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). | |
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June | |
1995), all U.S. Government End Users acquire Covered Code with only those rights | |
set forth herein. | |
11. MISCELLANEOUS. | |
This License represents the complete agreement concerning subject matter hereof. If | |
any provision of this License is held to be unenforceable, such provision shall be | |
reformed only to the extent necessary to make it enforceable. This License shall be | |
governed by California law provisions (except to the extent applicable law, if any, | |
provides otherwise), excluding its conflict-of-law provisions. With respect to disputes | |
in which at least one party is a citizen of, or an entity chartered or registered to do | |
business in the United States of America, any litigation relating to this License shall be | |
subject to the jurisdiction of the Federal Courts of the Northern District of California, | |
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. Any law or regulation which | |
provides that the language of a contract shall be construed against the drafter shall | |
not apply to this License. | |
12. RESPONSIBILITY FOR CLAIMS. | |
As between Initial Developer and the Contributors, each party is responsible for claims | |
and damages arising, directly or indirectly, out of its utilization of rights under this | |
License and You agree to work with Initial Developer and Contributors to distribute | |
such responsibility on an equitable basis. Nothing herein is intended or shall be | |
deemed to constitute any admission of liability. | |
13. MULTIPLE-LICENSED CODE. | |
Initial Developer may designate portions of the Covered Code as "Multiple-Licensed". | |
"Multiple-Licensed" means that the Initial Devpoeloper permits you to utilize portions of | |
the Covered Code under Your choice of the IDPL or the alternative licenses, if any, | |
specified by the Initial Developer in the file described in Exhibit A. | |
EXHIBIT A -Initial Developer's Public License. | |
The contents of this file are subject to the Initial Developer's Public License Version 1.0 | |
(the "License"); you may not use this file except in compliance with the License. You | |
may obtain a copy of the License at http://www.ibphoenix.com/idpl.html 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. | |
The Original Code is ______________________________________. | |
The Initial Developer of the Original Code is ________________________. | |
Portions created by ______________________ are Copyright (C) ______ | |
_______________________. | |
All Rights Reserved. | |
Contributor(s): ______________________________________. |