| 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): ______________________________________. |