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TERMS AND CONDITIONS
FOR
OPEN SOURCE CODE LICENSE
Version 1.1
Japan Registry Services Co., Ltd. ("JPRS"), a Japanese corporation
having its head office at Chiyoda First Bldg. East 13F 3-8-1 Nishi-Kanda,
Chiyoda-ku, Tokyo 101-0065, Japan, grants you the license for open source
code specified in EXHIBIT A the "Code" subject to the following Terms and
Conditions ("OSCL").
1. License Grant.
JPRS hereby grants you a worldwide, royalty-free, non-exclusive
license, subject to third party intellectual property claims:
(a) under intellectual property rights (other than patent or
trademark) licensable by JPRS to use, reproduce, modify, display,
perform, sublicense and distribute the Code (or portions thereof)
with or without modifications, and/or as part of a derivative work;
or
(b) under claims of the infringement through the making, using,
offering to sell and/or otherwise disposing the JPRS Revised Code
(or portions thereof);
(c) the licenses granted in this Section 1(a) and (b) are effective on
the date JPRS first distributes the Code to you under the terms of
this OSCL;
(d) Notwithstanding the above stated terms, no patent license is
granted:
1) for a code that you delete from the Code;
2) separate from the Code; or
3) for infringements caused by:
i) modification of the Code; or
ii) combination of the Code with other software or devices.
2. Consents.
You agree that:
(a) you must include a copy of this OSCL and the notice set forth in
EXHIBIT A with every copy of the Code you distribute;
(b) you must include a copy of this OSCL and the notice set forth in
EXHIBIT A with every copy of binary form of the Code in the
documentation and/or other materials provided with the distribution;
(c) you may not offer or impose any terms on any source code version
that alters or restricts the applicable version of this OSCL or
the recipients' rights hereunder.
(d) If the terms and conditions are set forth in EXHIBIT A, you must
comply with those terms and conditions.
3. Proprietary Information.
All trademarks, service marks, patents, copyrights, trade secrets, and
other proprietary rights in or related to the Code are and will remain
the exclusive property of JPRS or its licensors, whether or not
specifically recognized or perfected under local law except specified
in this OSCL; provided however you agree and understand that the JPRS
name may not be used to endorse or promote this Code without prior
written approval of JPRS.
4. WARRANTY DISCLAIMER.
JPRS MAKES NO REPRESENTATIONS AND WARRANTIES REGARDING THE USE OF THE
CODE, NOR DOES JPRS MAKE ANY REPRESENTATIONS THAT THE CODE WILL BECOME
COMMERCIALLY AVAILABLE. JPRS, ITS AFFILIATES, AND ITS SUPPLIERS DO NOT
WARRANT OR REPRESENT THAT THE CODE IS FREE OF ERRORS OR THAT THE CODE
IS SUITABLE FOR TRANSLATION AND/OR LOCALIZATION. THE CODE IS PROVIDED
ON AN "AS IS" BASIS AND JPRS AND ITS SUPPLIERS HAVE NO OBLIGATION TO
CORRECT ERRORS OR TO SUPPORT THE CODE UNDER THIS OSCL FOR ANY REASON.
TO THE FULL EXTENT PERMITTED BY LAW, ALL OBLIGATIONS ARE HEREBY
EXCLUDED WHETHER EXPRESS, STATUTORY OR IMPLIED UNDER LAW, COURSE OF
DEALING, CUSTOM, TRADE USAGE, ORAL OR WRITTEN STATEMENT OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING THE CODE.
5. NO LIABILITY.
UNDER NO CIRCUMSTANCES SHALL JPRS AND/OR ITS AFFILIATES, LICENSORS, OR
REPRESENTATIVES BE LIABLE FOR ANY DAMAGES INCLUDING BUT NOT LIMITED TO
CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES,
WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON YOUR CLAIMS, INCLUDING,
BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF
MONEY, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE, IMPLIED
WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT
LIABILITY IN TORT, OR OTHERWISE.
6. Indemnification.
You hereby agree to indemnify, defend, and hold harmless JPRS for any
liability incurred by JRPS due to your terms of warranty, support,
indemnity, or liability offered by you to any third party.
7. Termination.
7.1 This OSCL shall be automatically terminated in the events that:
(a) You fail to comply with the terms herein and fail to cure such
breach within 30 days of becoming aware of the breach;
(b) You initiate patent or copyright infringement litigation against
any party (including a cross-claim or counterclaim in a lawsuit)
alleging that the Code constitutes a direct or indirect patent or
copyright infringement, in such case, this OSCL to you shall
terminate as of the date such litigation is filed;
7.2 In the event of termination under Sections 7.1(a) or 7.1(b) 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.
8. General.
This OSCL shall be governed by, and construed and enforced in
accordance with, the laws of Japan. Any litigation or arbitration
between the parties shall be conducted exclusively in Tokyo, Japan
except written consent of JPRS provides other venue.
EXHIBIT A
The original open source code of idnkit-2 is idnkit-1.0 developed and
conceived by Japan Network Information Center ("JPNIC"), a Japanese
association, Kokusai-Kougyou-Kanda Bldg 6F, 2-3-4 Uchi-Kanda,
Chiyoda-ku, Tokyo 101-0047, Japan, and JPRS modifies above original code
under following Terms and Conditions set forth by JPNIC.
JPNIC
Copyright (c) 2000-2002 Japan Network Information Center. All rights reserved.
By using this file, you agree to the terms and conditions set forth bellow.
LICENSE TERMS AND CONDITIONS
The following License Terms and Conditions apply, unless a different
license is obtained from Japan Network Information Center ("JPNIC"),
a Japanese association, Kokusai-Kougyou-Kanda Bldg 6F, 2-3-4 Uchi-Kanda,
Chiyoda-ku, Tokyo 101-0047, Japan.
1. Use, Modification and Redistribution (including distribution of any
modified or derived work) in source and/or binary forms is permitted
under this License Terms and Conditions.
2. Redistribution of source code must retain the copyright notices as they
appear in each source code file, this License Terms and Conditions.
3. Redistribution in binary form must reproduce the Copyright Notice,
this License Terms and Conditions, in the documentation and/or other
materials provided with the distribution. For the purposes of binary
distribution the "Copyright Notice" refers to the following language:
"Copyright (c) 2000-2002 Japan Network Information Center. All rights reserved."
4. The name of JPNIC may not be used to endorse or promote products
derived from this Software without specific prior written approval of
JPNIC.
5. Disclaimer/Limitation of Liability: THIS SOFTWARE IS PROVIDED BY JPNIC
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL JPNIC BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) 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 OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
JPRS Public License Notice
For
idnkit-2.
The contents of this file are subject to the Terms and Conditions for
the Open Source Code License (the "OSCL"). You may not use this file
except in compliance with above terms and conditions. A copy of the OSCL
is available at <http://jprs.co.jp/idn/>.
The JPRS Revised Code is idnkit-2.
The Initial Developer of the JPRS Revised Code is Japan Network
Information Center ("JPNIC"), a Japanese association,
Kokusai-Kougyou-Kanda Bldg 6F, 2-3-4 Uchi-Kanda, Chiyoda-ku, Tokyo
101-0047, Japan.
"Copyright (c) 2000-2002 Japan Network Information Center. All rights reserved."
"Copyright (c) 2010-2012 Japan Registry Services Co., Ltd. All rights reserved."
Contributor(s): ______________________________________.
If you wish to allow use of your version of this file only under the
above License(s) and not to allow others to use your version of this
file, please indicate your decision by deleting the relevant provisions
above and replacing them with the notice and other provisions required
by the above License(s). If you do not delete the relevant provisions,
a recipient may use your version of this file under either the above
License(s).