/[gentoo-x86]/licenses/APL-1.0
Gentoo

Contents of /licenses/APL-1.0

Parent Directory Parent Directory | Revision Log Revision Log


Revision 1.1 - (show annotations) (download)
Sun Aug 27 14:32:22 2006 UTC (7 years, 11 months ago) by carlo
Branch: MAIN
CVS Tags: HEAD
addition of Adaptive Public License 1.0

1 ADAPTIVE PUBLIC LICENSE Version 1.0
2
3 THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THIS ADAPTIVE
4 PUBLIC LICENSE ("LICENSE"). ANY USE, REPRODUCTION OR DISTRIBUTION
5 OF THE LICENSED WORK CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
6 LICENSE AND ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE
7 TERMS OF THIS LICENSE. "LICENSED WORK" AND "RECIPIENT" ARE
8 DEFINED BELOW.
9
10 IMPORTANT NOTE: This License is "adaptive", and the generic version or another
11 version of an Adaptive Public License should not be relied upon to determine your rights
12 and obligations under this License. You must read the specific Adaptive Public License
13 that you receive with the Licensed Work, as certain terms are defined at the outset by the
14 Initial Contributor.
15
16 See Section 2.2 below, Exhibit A attached, and any Suppfile.txt accompanying this
17 License to determine the specific adaptive features applicable to this License. For
18 example, without limiting the foregoing, (a) for selected choice of law and jurisdiction
19 see Part 3 of Exhibit A; (b) for the selected definition of Third Party see Part 4 of Exhibit
20 A; and (c) for selected patent licensing terms (if any) see Section 2.2 below and Part 6 of
21 Exhibit A.
22
23 1. DEFINITIONS.
24
25 1.1. "CONTRIBUTION" means:
26
27 (a) In the case of the Initial Contributor, the Initial Work distributed under this License
28 by the Initial Contributor; and
29
30 (b) In the case of each Subsequent Contributor, the Subsequent Work originating from
31 and distributed by such Subsequent Contributor.
32
33 1.2. "DESIGNATED WEB SITE" means the web site having the URL identified in Part
34 1 of Exhibit A, which URL may be changed by the Initial Contributor by posting on the
35 current Designated Web Site the new URL for at least sixty (60) days.
36
37 1.3. "DISTRIBUTOR" means any Person that distributes the Licensed Work or any
38 portion thereof to at least one Third Party.
39
40 1.4. "ELECTRONIC DISTRIBUTION MECHANISM" means any mechanism generally
41 accepted in the software development community for the electronic transfer of data.
42
43 1.5. "EXECUTABLE" means the Licensed Work in any form other than Source Code.
44
45 1.6. "GOVERNING JURISDICTION" means the state, province or other legal
46 jurisdiction identified in Part 3 of Exhibit A.
47
48 1.7. "INDEPENDENT MODULE" means a separate module of software and/or data that
49 is not a derivative work of or copied from the Licensed Work or any portion thereof. In
50 addition, a module does not qualify as an Independent Module but instead forms part of
51 the Licensed Work if the module: (a) is embedded in the Licensed Work; (b) is included
52 by reference in the Licensed Work other than by a function call or a class reference; or
53 (c) must be included or contained, in whole or in part, within a file directory or
54 subdirectory actually containing files making up the Licensed Work.
55
56 1.8. "INITIAL CONTRIBUTOR" means the Person or entity identified as the Initial
57 Contributor in the notice required by Part 1 of Exhibit A.
58
59 1.9. "INITIAL WORK" means the initial Source Code, object code (if any) and
60 documentation for the computer program identified in Part 2 of Exhibit A, as such Source
61 Code, object code and documentation is distributed under this License by the Initial
62 Contributor.
63
64 1.10. "LARGER WORK" means a work that combines the Licensed Work or portions
65 thereof with code not governed by this License.
66
67 1.11. "LICENSED WORK" means the Initial Work and/or any Subsequent Work, in
68 each case including portions thereof.
69
70 1.12. "LICENSE NOTICE" has the meaning assigned in Part 5 of Exhibit A.
71
72 1.13. "MODIFICATION" or "MODIFICATIONS" means any change to and/or addition
73 to the Licensed Work.
74
75 1.14. "PERSON" means an individual or other legal entity, including a corporation,
76 partnership or other body.
77
78 1.15. "RECIPIENT" means any Person who receives or obtains the Licensed Work
79 under this License (by way of example, without limiting the foregoing, any Subsequent
80 Contributor or Distributor).
81
82 1.16. "SOURCE CODE" means the source code for a computer program, including the
83 source code for all modules and components of the computer program, plus any
84 associated interface definition files, and scripts used to control compilation and
85 installation of an executable.
86
87 1.17. "SUBSEQUENT CONTRIBUTOR" means any Person that makes or contributes
88 to the making of any Subsequent Work and that distributes that Subsequent Work to at
89 least one Third Party.
90
91 1.18. "SUBSEQUENT WORK" means a work that has resulted or arises from changes to
92 and/or additions to:
93
94 (a) the Initial Work;
95
96 (b) any other Subsequent Work; or
97
98 (c) to any combination of the Initial Work and any such other Subsequent Work;
99
100 where such changes and/or additions originate from a Subsequent Contributor. A
101 Subsequent Work will "originate" from a Subsequent Contributor if the Subsequent Work
102 was a result of efforts by such Subsequent Contributor (or anyone acting on such
103 Subsequent Contributor's behalf, such as, a contractor or other entity that is engaged by
104 or under the direction of the Subsequent Contributor). For greater certainty, a Subsequent
105 Work expressly excludes and shall not capture within its meaning any Independent
106 Module.
107
108 1.19. "SUPPLEMENT FILE" means a file distributed with the Licensed Work having a
109 file name "suppfile.txt".
110
111 1.20. "THIRD PARTY" has the meaning assigned in Part 4 of Exhibit A.
112
113 2. LICENSE.
114
115 2.1. COPYRIGHT LICENSE FROM INITIAL AND SUBSEQUENT
116 CONTRIBUTORS.
117
118 (a) Subject to the terms of this License, the Initial Contributor hereby grants each
119 Recipient a world-wide, royalty-free, non-exclusive copyright license to:
120
121 (i) reproduce, prepare derivative works of, publicly display, publicly perform, distribute
122 and sublicense the Initial Work; and
123
124 (ii) reproduce, publicly display, publicly perform, distribute, and sublicense any
125 derivative works (if any) prepared by Recipient;
126
127 in Source Code and Executable form, either with other Modifications, on an unmodified
128 basis, or as part of a Larger Work.
129
130 (b) Subject to the terms of this License, each Subsequent Contributor hereby grants each
131 Recipient a world-wide, royalty-free, non-exclusive copyright license to:
132
133 (i) reproduce, prepare derivative works of, publicly display, publicly perform, distribute
134 and sublicense the Subsequent Work of such Subsequent Contributor; and
135
136 (ii) reproduce, publicly display, publicly perform, distribute, and sublicense any
137 derivative works (if any) prepared by Recipient;
138
139 in Source Code and Executable form, either with other Modifications, on an unmodified
140 basis, or as part of a Larger Work.
141
142 2.2. PATENT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.
143
144 (a) This License does not include or grant any patent license whatsoever from the Initial
145 Contributor, Subsequent Contributor, or any Distributor unless, at the time the Initial
146 Work is first distributed or made available under this License (as the case may be), the
147 Initial Contributor has selected pursuant to Part 6 of Exhibit A the patent terms in
148 paragraphs A, B, C, D and E from Part 6 of Exhibit A. If this is not done then the Initial
149 Work and any other Subsequent Work is made available under the License without any
150 patent license (the "PATENTS-EXCLUDED LICENSE").
151
152 (b) However, the Initial Contributor may subsequently distribute or make available (as
153 the case may be) future copies of: (1) the Initial Work; or (2) any Licensed Work
154 distributed by the Initial Contributor which includes the Initial Work (or any portion
155 thereof) and/or any Modification made by the Initial Contributor; available under a
156 License which includes a patent license (the "PATENTS-INCLUDED LICENSE") by
157 selecting pursuant to Part 6 of Exhibit A the patent terms in paragraphs A, B, C, D and E
158 from Part 6 of Exhibit A, when the Initial Contributor distributes or makes available (as
159 the case may be) such future copies under this License.
160
161 (c) If any Recipient receives or obtains one or more copies of the Initial Work or any
162 other portion of the Licensed Work under the Patents-Included License, then all licensing
163 of such copies under this License shall include the terms in paragraphs A, B, C, D and E
164 from Part 6 of Exhibit A and that Recipient shall not be able to rely upon the Patents-
165 Excluded License for any such copies. However, all Recipients that receive one or more
166 copies of the Initial Work or any other portion of the Licensed Work under a copy of the
167 License which includes the Patents-Excluded License shall have no patent license with
168 respect to such copies received under the Patents-Excluded License and availability and
169 distribution of such copies, including Modifications made by such Recipient to such
170 copies, shall be under a copy of the License without any patent license.
171
172 (d) Where a Recipient uses in combination or combines any copy of the Licensed Work
173 (or portion thereof) licensed under a copy of the License having a Patents-Excluded
174 License with any copy of the Licensed Work (or portion thereof) licensed under a copy of
175 the License having a Patents-Included License, the combination (and any portion thereof)
176 shall, from the first time such Recipient uses, makes available or distributes the
177 combination (as the case may be), be subject to only the terms of the License having the
178 Patents-Included License which shall include the terms in paragraphs A, B, C, D and E
179 from Part 6 of Exhibit A.
180
181 2.3. ACKNOWLEDGEMENT AND DISCLAIMER.
182
183 Recipient understands and agrees that although Initial Contributor and each Subsequent
184 Contributor grants the licenses to its Contributions set forth herein, no representation,
185 warranty, guarantee or assurance is provided by any Initial Contributor, Subsequent
186 Contributor, or Distributor that the Licensed Work does not infringe the patent or other
187 intellectual property rights of any other entity. Initial Contributor, Subsequent
188 Contributor, and each Distributor disclaims any liability to Recipient for claims brought
189 by any other entity based on infringement of intellectual property rights or otherwise, in
190 relation to the Licensed Works. As a condition to exercising the rights and licenses
191 granted hereunder, each Recipient hereby assumes sole responsibility to secure any other
192 intellectual property rights needed, if any. For example, without limiting the foregoing
193 disclaimers, if a third party patent license is required to allow Recipient to distribute the
194 Licensed Work, it is Recipient's responsibility to acquire that license before distributing
195 the Licensed Work.
196
197 2.4. RESERVATION.
198
199 Nothing in this License shall be deemed to grant any rights to trademarks, copyrights,
200 patents, trade secrets or any other intellectual property of Initial Contributor, Subsequent
201 Contributor, or Distributor except as expressly stated herein.
202
203 3. DISTRIBUTION OBLIGATIONS.
204
205 3.1. DISTRIBUTION GENERALLY.
206
207 (a) A Subsequent Contributor shall make that Subsequent Contributor's Subsequent
208 Work(s) available to the public via an Electronic Distribution Mechanism for a period of
209 at least twelve (12) months. The aforesaid twelve (12) month period shall begin within a
210 reasonable time after the creation of the Subsequent Work and no later than sixty (60)
211 days after first distribution of that Subsequent Contributor's Subsequent Work.
212
213 (b) All Distributors must distribute the Licensed Work in accordance with the terms of
214 the License, and must include a copy of this License (including without limitation Exhibit
215 A and the accompanying Supplement File) with each copy of the Licensed Work
216 distributed. In particular, this License must be prominently distributed with the Licensed
217 Work in a file called "license.txt." In addition, the License Notice in Part 5 of Exhibit A
218 must be included at the beginning of all Source Code files, and viewable to a user in any
219 executable such that the License Notice is reasonably brought to the attention of any
220 party using the Licensed Work.
221
222 3.2. EXECUTABLE DISTRIBUTIONS OF THE LICENSED WORK.
223
224 A Distributor may choose to distribute the Licensed Work, or any portion thereof, in
225 Executable form (an "EXECUTABLE DISTRIBUTION") to any third party, under the
226 terms of Section 2 of this License, provided the Executable Distribution is made available
227 under and accompanied by a copy of this License, AND provided at least ONE of the
228 following conditions is fulfilled:
229
230 (a) The Executable Distribution must be accompanied by the Source Code for the
231 Licensed Work making up the Executable Distribution, and the Source Code must be
232 distributed on the same media as the Executable Distribution or using an Electronic
233 Distribution Mechanism; or
234
235 (b) The Executable Distribution must be accompanied with a written offer, valid for at
236 least thirty six (36) months, to give any third party under the terms of this License, for a
237 charge no more than the cost of physically performing source distribution, a complete
238 machine-readable copy of the Source Code for the Licensed Work making up the
239 Executable Distribution, to be available and distributed using an Electronic Distribution
240 Mechanism, and such Executable Distribution must remain available in Source Code
241 form to any third party via the Electronic Distribution Mechanism (or any replacement
242 Electronic Distribution Mechanism the particular Distributor may reasonably need to turn
243 to as a substitute) for said at least thirty six (36) months.
244
245 For greater certainty, the above-noted requirements apply to any Licensed Work or
246 portion thereof distributed to any third party in Executable form, whether such
247 distribution is made alone, in combination with a Larger Work or Independent Modules,
248 or in some other combination.
249
250 3.3. SOURCE CODE DISTRIBUTIONS.
251
252 When a Distributor makes the Licensed Work, or any portion thereof, available to any
253 Person in Source Code form, it must be made available under this License and a copy of
254 this License must be included with each copy of the Source Code, situated so that the
255 copy of the License is conspicuously brought to the attention of that Person. For greater
256 clarification, this Section 3.3 applies to all distribution of the Licensed Work in any
257 Source Code form. A Distributor may charge a fee for the physical act of transferring a
258 copy, which charge shall be no more than the cost of physically performing source
259 distribution.
260
261 3.4. REQUIRED NOTICES IN SOURCE CODE.
262
263 Each Subsequent Contributor must ensure that the notice set out in Part 5 of Exhibit A is
264 included in each file of the Source Code for each Subsequent Work originating from that
265 particular Subsequent Contributor, if such notice is not already included in each such file.
266 If it is not possible to put such notice in a particular Source Code file due to its structure,
267 then the Subsequent Contributor must include such notice in a location (such as a relevant
268 directory in which the file is stored) where a user would be likely to look for such a
269 notice.
270
271 3.5. NO DISTRIBUTION REQUIREMENTS FOR INTERNALLY USED
272 MODIFICATIONS.
273
274 Notwithstanding Sections 3.2, 3.3 and 3.4, Recipient may, internally within its own
275 corporation or organization use the Licensed Work, including the Initial Work and
276 Subsequent Works, and make Modifications for internal use within Recipient's own
277 corporation or organization (collectively, "INTERNAL USE MODIFICATIONS"). The
278 Recipient shall have no obligation to distribute, in either Source Code or Executable
279 form, any such Internal Use Modifications made by Recipient in the course of such
280 internal use, except where required below in this Section 3.5. All Internal Use
281 Modifications distributed to any Person, whether or not a Third Party, shall be distributed
282 pursuant to and be accompanied by the terms of this License. If the Recipient chooses to
283 distribute any such Internal Use Modifications to any Third Party, then the Recipient
284 shall be deemed a Subsequent Contributor, and any such Internal Use Modifications
285 distributed to any Third Party shall be deemed a Subsequent Work originating from that
286 Subsequent Contributor, and shall from the first such instance become part of the
287 Licensed Work that must thereafter be distributed and made available to third parties in
288 accordance with the terms of Sections 3.1 to 3.4 inclusive.
289
290 3.6. INDEPENDENT MODULES.
291
292 This License shall not apply to Independent Modules of any Initial Contributor,
293 Subsequent Contributor, Distributor or any Recipient, and such Independent Modules
294 may be licensed or made available under one or more separate license agreements.
295
296 3.7. LARGER WORKS.
297
298 Any Distributor or Recipient may create or contribute to a Larger Work by combining
299 any of the Licensed Work with other code not governed by the terms of this License, and
300 may distribute the Larger Work as one or more products. However, in any such case,
301 Distributor or Recipient (as the case may be) must make sure that the requirements of this
302 License are fulfilled for the Licensed Work portion of the Larger Work.
303
304 3.8. DESCRIPTION OF DISTRIBUTED MODIFICATIONS.
305
306 (a) Each Subsequent Contributor (including the Initial Contributor where the Initial
307 Contributor also qualifies as a Subsequent Contributor) must cause each Subsequent
308 Work created or contributed to by that Subsequent Contributor to contain a file
309 documenting the changes, in accordance with the requirements of Part 1 of the
310 Supplement File, that such Subsequent Contributor made in the creation or contribution
311 to that Subsequent Work. If no Supplement File exists or no requirements are set out in
312 Part 1 of the Supplement File, then there are no requirements for Subsequent Contributors
313 to document changes that they make resulting in Subsequent Works.
314
315 (b) The Initial Contributor may at any time introduce requirements or add to or change
316 earlier requirements (in each case, the "EARLIER DESCRIPTION REQUIREMENTS")
317 for documenting changes resulting in Subsequent Works by revising Part 1 of each copy
318 of the Supplement File distributed by the Initial Contributor with future copies of the
319 Licensed Work so that Part 1 then contains new requirements (the "NEW
320 DESCRIPTION REQUIREMENTS") for documenting such changes.
321
322 (c) Any Recipient receiving at any time any copy of an Initial Work or any Subsequent
323 Work under a copy of this License (in each case, an "Earlier LICENSED COPY") having
324 the Earlier Description Requirements may choose, with respect to each such Earlier
325 Licensed Copy, to comply with the Earlier Description Requirements or the New
326 Description Requirements. Where a Recipient chooses to comply with the New
327 Description Requirements, that Recipient will, when thereafter distributing any copies of
328 any such Earlier Licensed Copy, include a Supplement File having a section entitled Part
329 1 that contains a copy of the New Description Requirements.
330
331 (d) For greater certainty, the intent of Part 1 of the Supplement File is to provide a
332 mechanism (if any) by which Subsequent Contributors must document changes that they
333 make to the Licensed Work resulting in Subsequent Works. Part 1 of any Supplement
334 File shall not be used to increase or reduce the scope of the license granted in Article 2 of
335 this License or in any other way increase or decrease the rights and obligations of any
336 Recipient, and shall at no time serve as the basis for terminating the License. Further, a
337 Recipient can be required to correct and change its documentation procedures to comply
338 with Part 1 of the Supplement File, but cannot be penalised with damages. Part 1 of any
339 Supplement File is only binding on each Recipient of any Licensed Work to the extent
340 Part 1 sets out the requirements for documenting changes to the Initial Work or any
341 Subsequent Work.
342
343 (e) An example of a set of requirements for documenting changes and contributions
344 made by Subsequent Contributor is set out in Part 7 of Exhibit A of this License. Part 7 is
345 a sample only and is not binding on Recipients, unless (subject to the earlier paragraphs
346 of this Section 3.8) those are the requirements that the Initial Contributor includes in Part
347 1 of the Supplement File with the copies of the Initial Work distributed under this
348 License.
349
350 3.9. USE OF DISTRIBUTOR NAME.
351
352 The name of a Distributor may not be used by any other Distributor to endorse or
353 promote the Licensed Work or products derived from the Licensed Work, without prior
354 written permission.
355
356 3.10. LIMITED RECOGNITION OF INITIAL CONTRIBUTOR.
357
358 (a) As a modest attribution to the Initial Contributor, in the hope that its promotional
359 value may help justify the time, money and effort invested in writing the Initial Work, the
360 Initial Contributor may include in Part 2 of the Supplement File a requirement that each
361 time an executable program resulting from the Initial Work or any Subsequent Work, or a
362 program dependent thereon, is launched or run, a prominent display of the Initial
363 Contributor's attribution information must occur (the "ATTRIBUTION
364 INFORMATION"). The Attribution Information must be included at the beginning of
365 each Source Code file. For greater certainty, the Initial Contributor may specify in the
366 Supplement File that the above attribution requirement only applies to an executable
367 program resulting from the Initial Work or any Subsequent Work, but not a program
368 dependent thereon. The intent is to provide for reasonably modest attribution, therefore
369 the Initial Contributor may not require Recipients to display, at any time, more than the
370 following Attribution Information: (a) a copyright notice including the name of the Initial
371 Contributor; (b) a word or one phrase (not exceeding 10 words); (c) one digital image or
372 graphic provided with the Initial Work; and (d) a URL (collectively, the
373 "ATTRIBUTION LIMITS").
374
375 (b) If no Supplement File exists, or no Attribution Information is set out in Part 2 of the
376 Supplement File, then there are no requirements for Recipients to display any Attribution
377 Information of the Initial Contributor.
378
379 (c) Each Recipient acknowledges that all trademarks, service marks and/or trade names
380 contained within Part 2 of the Supplement File distributed with the Licensed Work are
381 the exclusive property of the Initial Contributor and may only be used with the
382 permission of the Initial Contributor, or under circumstances otherwise permitted by law,
383 or as expressly set out in this License.
384
385 3.11. For greater certainty, any description or attribution provisions contained within a
386 Supplement File may only be used to specify the nature of the description or attribution
387 requirements, as the case may be. Any provision in a Supplement File that otherwise
388 purports to modify, vary, nullify or amend any right, obligation or representation
389 contained herein shall be deemed void to that extent, and shall be of no force or effect.
390
391 4. COMMERCIAL USE AND INDEMNITY.
392
393 4.1. COMMERCIAL SERVICES.
394
395 A Recipient ("COMMERCIAL RECIPIENT") may choose to offer, and to charge a fee
396 for, warranty, support, indemnity or liability obligations (collectively, "SERVICES") to
397 one or more other Recipients or Distributors. However, such Commercial Recipient may
398 do so only on that Commercial Recipient's own behalf, and not on behalf of any other
399 Distributor or Recipient, and Commercial Recipient must make it clear than any such
400 warranty, support, indemnity or liability obligation(s) is/are offered by Commercial
401 Recipient alone. At no time may Commercial Recipient use any Services to deny any
402 party the Licensed Work in Source Code or Executable form when so required under any
403 of the other terms of this License. For greater certainty, this Section 4.1 does not diminish
404 any of the other terms of this License, including without limitation the obligation of the
405 Commercial Recipient as a Distributor, when distributing any of the Licensed Work in
406 Source Code or Executable form, to make such distribution royalty-free (subject to the
407 right to charge a fee of no more than the cost of physically performing Source Code or
408 Executable distribution (as the case may be)).
409
410 4.2. INDEMNITY.
411
412 Commercial distributors of software may accept certain responsibilities with respect to
413 end users, business partners and the like. While this License is intended to facilitate the
414 commercial use of the Licensed Work, the Distributor who includes any of the Licensed
415 Work in a commercial product offering should do so in a manner which does not create
416 potential liability for other Distributors. Therefore, if a Distributor includes the Licensed
417 Work in a commercial product offering or offers any Services, such Distributor
418 ("COMMERCIAL DISTRIBUTOR") hereby agrees to defend and indemnify every other
419 Distributor or Subsequent Contributor (in each case an "INDEMNIFIED PARTY")
420 against any losses, damages and costs (collectively "LOSSES") arising from claims,
421 lawsuits and other legal actions brought by a third party against the Indemnified Party to
422 the extent caused by the acts or omissions of such Commercial Distributor in connection
423 with its distribution of any of the Licensed Work in a commercial product offering or in
424 connection with any Services. The obligations in this section do not apply to any claims
425 or Losses relating to any actual or alleged intellectual property infringement. In order to
426 qualify, an Indemnified Party must: (a) promptly notify the Commercial Distributor in
427 writing of such claim; and (b) allow the Commercial Distributor to control, and co-
428 operate with the Commercial Distributor in, the defense and any related settlement
429 negotiations. The Indemnified Party may participate in any such claim at its own
430 expense.
431
432 5. VERSIONS OF THE LICENSE.
433
434 5.1. NEW VERSIONS.
435
436 The Initial Contributor may publish revised and/or new versions of the License from
437 time to time. Each version will be given a distinguishing version number.
438
439 5.2. EFFECT OF NEW VERSIONS.
440
441 Once the Licensed Work or any portion thereof has been published by Initial Contributor
442 under a particular version of the License, Recipient may choose to continue to use it
443 under the terms of that version. However, if a Recipient chooses to use the Licensed
444 Work under the terms of any subsequent version of the License published by the Initial
445 Contributor, then from the date of making this choice, the Recipient must comply with
446 the terms of that subsequent version with respect to all further reproduction, preparation
447 of derivative works, public display of, public performance of, distribution and
448 sublicensing by the Recipient in connection with the Licensed Work. No one other than
449 the Initial Contributor has the right to modify the terms applicable to the Licensed Work
450
451 6. DISCLAIMER OF WARRANTY.
452
453 6.1. GENERAL DISCLAIMER.
454
455 EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE LICENSED WORK
456 IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT ANY
457 REPRESENTATION, WARRANTY, GUARANTEE, ASSURANCE OR CONDITION
458 OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
459 LIMITATION, WARRANTIES OR CONDITIONS OF TITLE, NON-
460 INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
461 PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
462 THE LICENSED WORK IS WITH RECIPIENT. SHOULD ANY LICENSED WORK
463 PROVE DEFECTIVE IN ANY RESPECT, RECIPIENT (NOT THE INITIAL
464 CONTRIBUTOR OR ANY SUBSEQUENT CONTRIBUTOR) ASSUMES THE COST
465 OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS CLAUSE
466 CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
467 LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
468 LICENSE INCLUDING WITHOUT LIMITATION THIS DISCLAIMER.
469
470 6.2. RESPONSIBILITY OF RECIPIENTS.
471
472 Each Recipient is solely responsible for determining the appropriateness of using and
473 distributing the Licensed Work and assumes all risks associated with its exercise of rights
474 under this License, including but not limited to the risks and costs of program errors,
475 compliance with applicable laws, damage to or loss of data, programs or equipment, and
476 unavailability or interruption of operations.
477
478 7. TERMINATION.
479
480 7.1. This License shall continue until terminated in accordance with the express terms
481 herein.
482
483 7.2. Recipient may choose to terminate this License automatically at any time.
484
485 7.3. This License, including without limitation the rights granted hereunder to a
486 particular Recipient, will terminate automatically if such Recipient is in material breach
487 of any of the terms of this License and fails to cure such breach within sixty (60) days of
488 becoming aware of the breach. Without limiting the foregoing, any material breach by
489 such Recipient of any term of any other License under which such Recipient is granted
490 any rights to the Licensed Work shall constitute a material breach of this License.
491
492 7.4. Upon termination of this License by or with respect to a particular Recipient for any
493 reason, all rights granted hereunder and under any other License to that Recipient shall
494 terminate. However, all sublicenses to the Licensed Work which were previously
495 properly granted by such Recipient under a copy of this License (in each case, an "Other
496 License" and in plural, "Other Licenses") shall survive any such termination of this
497 License, including without limitation the rights and obligations under such Other
498 Licenses as set out in their respective Sections 2, 3, 4, 5, 6, 7 and 8, mutatis mutandis, for
499 so long as the respective sublicensees (i.e. other Recipients) remain in compliance with
500 the terms of the copy of this License under which such sublicensees received rights to the
501 Licensed Work. Any termination of such Other Licenses shall be pursuant to their
502 respective Section 7, mutatis mutandis. Provisions which, by their nature, must remain in
503 effect beyond the termination of this License shall survive.
504
505 7.5. Upon any termination of this License by or with respect to a particular Recipient,
506 Sections 4.1, 4.2, 6.1, 6.2, 7.4, 7.5, 8.1, and 8.2, together with all provisions of this
507 License necessary for the interpretation and enforcement of same, shall expressly survive
508 such termination.
509
510 8. LIMITATION OF LIABILITY.
511
512 8.1. IN NO EVENT SHALL ANY OF INITIAL CONTRIBUTOR, ITS
513 SUBSIDIARIES, OR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE
514 OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS (AS THE CASE MAY
515 BE), HAVE ANY LIABILITY FOR ANY DIRECT DAMAGES, INDIRECT
516 DAMAGES, PUNITIVE DAMAGES, INCIDENTAL DAMAGES, SPECIAL
517 DAMAGES, EXEMPLARY DAMAGES, CONSEQUENTIAL DAMAGES OR ANY
518 OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS
519 OF USE, DATA OR PROFITS, OR ANY OTHER LOSS ARISING OUT OF OR IN
520 ANY WAY RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE,
521 PERFORMANCE, OR NON-PERFORMANCE OF THE LICENSED WORK OR ANY
522 PART THEREOF OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
523 SERVICES, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS
524 IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF
525 PERFORMANCE), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
526 WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
527 NEGLIGENCE OR OTHERWISE) IN RELATION TO OR ARISING IN ANY WAY
528 OUT OF THIS LICENSE OR THE USE OR DISTRIBUTION OF THE LICENSED
529 WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF
530 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
531 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
532 INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
533 APPLICABLE LAW PROHIBITS SUCH LIMITATION. THIS CLAUSE
534 CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
535 LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
536 LICENSE INCLUDING WITHOUT LIMITATION THE LIMITATIONS SET FORTH
537 IN THIS SECTION 8.1.
538
539 8.2. EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, EACH RECIPIENT
540 SHALL NOT HAVE ANY LIABILITY FOR ANY EXEMPLARY, OR
541 CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
542 PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
543 WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
544 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
545 DISTRIBUTION OF THE LICENSED WORK OR THE EXERCISE OF ANY RIGHTS
546 GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
547 DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
548 LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
549 PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
550 LIMITATION.
551
552 9. GOVERNING LAW AND LEGAL ACTION.
553
554 9.1. This License shall be governed by and construed in accordance with the laws of the
555 Governing Jurisdiction assigned in Part 3 of Exhibit A, without regard to its conflict of
556 law provisions. No party may bring a legal action under this License more than one year
557 after the cause of the action arose. Each party waives its rights (if any) to a jury trial in
558 any litigation arising under this License. Note that if the Governing Jurisdiction is not
559 assigned in Part 3 of Exhibit A, then the Governing Jurisdiction shall be the State of New
560 York.
561
562 9.2. The courts of the Governing Jurisdiction shall have jurisdiction, but not exclusive
563 jurisdiction, to entertain and determine all disputes and claims, whether for specific
564 performance, injunction, damages or otherwise, both at law and in equity, arising out of
565 or in any way relating to this License, including without limitation, the legality, validity,
566 existence and enforceability of this License. Each party to this License hereby
567 irrevocably attorns to and accepts the jurisdiction of the courts of the Governing
568 Jurisdiction for such purposes.
569
570 9.3. Except as expressly set forth elsewhere herein, in the event of any action or
571 proceeding brought by any party against another under this License the prevailing party
572 shall be entitled to recover all costs and expenses including the fees of its attorneys in
573 such action or proceeding in such amount as the court may adjudge reasonable.
574
575 10. MISCELLANEOUS.
576
577 10.1. The obligations imposed by this License are for the benefit of the Initial
578 Contributor and any Recipient, and each Recipient acknowledges and agrees that the
579 Initial Contributor and/or any other Recipient may enforce the terms and conditions of
580 this License against any Recipient.
581
582 10.2. This License represents the complete agreement concerning subject matter hereof,
583 and supersedes and cancels all previous oral and written communications,
584 representations, agreements and understandings between the parties with respect to the
585 subject matter hereof.
586
587 10.3. The application of the United Nations Convention on Contracts for the
588 International Sale of Goods is expressly excluded.
589
590 10.4. The language in all parts of this License shall be in all cases construed simply
591 according to its fair meaning, and not strictly for or against any of the parties hereto. Any
592 law or regulation which provides that the language of a contract shall be construed
593 against the drafter shall not apply to this License.
594
595 10.5. If any provision of this License is invalid or unenforceable under the laws of the
596 Governing Jurisdiction, it shall not affect the validity or enforceability of the remainder
597 of the terms of this License, and without further action by the parties hereto, such
598 provision shall be reformed to the minimum extent necessary to make such provision
599 valid and enforceable.
600
601 10.6. The paragraph headings of this License are for reference and convenience only and
602 are not a part of this License, and they shall have no effect upon the construction or
603 interpretation of any part hereof.
604
605 10.7. Each of the terms "including", "include" and "includes", when used in this License,
606 is not limiting whether or not non-limiting language (such as "without limitation" or "but
607 not limited to" or words of similar import) is used with reference thereto.
608
609 10.8. The parties hereto acknowledge they have expressly required that this License and
610 notices relating thereto be drafted in the English language.
611
612 //***THE LICENSE TERMS END HERE (OTHER THAN AS SET OUT IN EXHIBIT
613 //A).***//
614
615 EXHIBIT A (to the Adaptive Public License)
616
617 PART 1: INITIAL CONTRIBUTOR AND DESIGNATED WEB SITE The Initial
618 Contributor is: MusicIP Corporation (www.musicip.com)
619
620 Address of Initial Contributor:
621
622 605 E. Huntington Dr., Suite 201
623 Monrovia, California, 91016 USA
624 +1 (626) 359-9702
625
626 [Enter address above]
627
628 The Designated Web Site is: http://www.musicdns.org/
629
630 NOTE: The Initial Contributor is to complete this Part 1, along with Parts 2, 3, and 5,
631 and, if applicable, Parts 4 and 6.
632
633 PART 2: INITIAL WORK
634
635 The Initial Work comprises the computer program(s) distributed by the Initial
636 Contributor having the following title(s): ___LIBOFA (Open Fingerprint Architecture
637 Library 1.0)__.
638
639 The date on which the Initial Work was first available under this License: __March 11th,
640 2006____
641
642 PART 3: GOVERNING JURISDICTION
643
644 For the purposes of this License, the Governing Jurisdiction is State of California, USA.
645
646
647
648 PART 4: THIRD PARTIES
649
650 For the purposes of this License, "Third Party" has the definition set forth below in the
651 ONE paragraph selected by the Initial Contributor from paragraphs A, B, C, D and E
652 when the Initial Work is distributed or otherwise made available by the Initial
653 Contributor. To select one of the following paragraphs, the Initial Contributor must place
654 an "X" or "x" in the selection box alongside the one respective paragraph selected.
655 SELECTION BOX PARAGRAPH [ ] A. "THIRD PARTY" means any third party.
656
657 [X] B. "THIRD PARTY" means any third party except for any of the following: (a) a
658 wholly owned subsidiary of the Subsequent Contributor in question; (b) a legal entity (the
659 "PARENT") that wholly owns the Subsequent Contributor in question; or (c) a wholly
660 owned subsidiary of the wholly owned subsidiary in (a) or of the Parent in (b).
661
662 [ ] C. "THIRD PARTY" means any third party except for any of the following: (a)
663 any Person directly or indirectly owning a majority of the voting interest in the
664 Subsequent Contributor or (b) any Person in which the Subsequent Contributor directly
665 or indirectly owns a majority voting interest.
666
667 [ ] D. "THIRD PARTY" means any third party except for any Person directly or
668 indirectly controlled by the Subsequent Contributor. For purposes of this definition,
669 "control" shall mean the power to direct or cause the direction of, the management and
670 policies of such Person whether through the ownership of voting interests, by contract, or
671 otherwise.
672
673 [ ] E. "THIRD PARTY" means any third party except for any Person directly or
674 indirectly controlling, controlled by, or under common control with the Subsequent
675 Contributor. For purposes of this definition, "control" shall mean the power to direct or
676 cause the direction of, the management and policies of such Person whether through the
677 ownership of voting interests, by contract, or otherwise.
678
679 The default definition of "THIRD PARTY" is the definition set forth in paragraph A, if
680 NONE OR MORE THAN ONE of paragraphs A, B, C, D or E in this Part 4 are selected
681 by the Initial Contributor.
682
683 PART 5: NOTICE
684
685 THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THE ADAPTIVE
686 PUBLIC LICENSE ("LICENSE") AS FIRST COMPLETED BY: MusicIP Corporation,
687 Doing Business As MusicIP. ANY USE, PUBLIC DISPLAY, PUBLIC
688 PERFORMANCE, REPRODUCTION OR DISTRIBUTION OF, OR PREPARATION
689 OF DERIVATIVE WORKS BASED ON, THE LICENSED WORK CONSTITUTES
690 RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND ITS TERMS, WHETHER OR
691 NOT SUCH RECIPIENT READS THE TERMS OF THE LICENSE. "LICENSED
692 WORK" AND "RECIPIENT" ARE DEFINED IN THE LICENSE. A COPY OF THE
693 LICENSE IS LOCATED IN THE TEXT FILE ENTITLED "LICENSE.TXT"
694 ACCOMPANYING THE CONTENTS OF THIS FILE. IF A COPY OF THE LICENSE
695 DOES NOT ACCOMPANY THIS FILE, A COPY OF THE LICENSE MAY ALSO BE
696 OBTAINED AT THE FOLLOWING WEB SITE: http://www.musicdns.org/
697
698 Software distributed under the License is distributed on an "AS IS" basis, WITHOUT
699 WARRANTY OF ANY KIND, either express or implied. See the License for the specific
700 language governing rights and limitations under the License.
701
702 PART 6: PATENT LICENSING TERMS
703
704 For the purposes of this License, paragraphs A, B, C, D and E of this Part 6 of Exhibit A
705 are only incorporated and form part of the terms of the License if the Initial Contributor
706 places an "X" or "x" in the selection box alongside the YES answer to the question
707 immediately below.
708
709 Is this a Patents-Included License pursuant to Section 2.2 of the License?
710
711 YES [ ] NO [X]
712
713 By default, if YES is not selected by the Initial Contributor, the answer is NO.
714
715 A. For the purposes of the paragraphs in this Part 6 of Exhibit A, "LICENSABLE"
716 means having the right to grant, to the maximum extent possible, whether at the time of
717 the initial grant or subsequently acquired, any and all of the rights granted herein.
718
719 B. The Initial Contributor hereby grants all Recipients a world-wide, royalty-free, non-
720 exclusive license, subject to third party intellectual property claims, under patent claim(s)
721 Licensable by the Initial Contributor that are or would be infringed by the making, using,
722 selling, offering for sale, having made, importing, exporting, transfer or disposal of such
723 Initial Work or any portion thereof. Notwithstanding the foregoing, no patent license is
724 granted under this Paragraph B by the Initial Contributor: (1) for any code that the Initial
725 Contributor deletes from the Initial Work (or any portion thereof) distributed by the
726 Initial Contributor prior to such distribution; (2) for any Modifications made to the Initial
727 Work (or any portion thereof) by any other Person; or (3) separate from the Initial Work
728 (or portions thereof) distributed or made available by the Initial Contributor.
729
730 C. Effective upon distribution by a Subsequent Contributor to a Third Party of any
731 Modifications made by that Subsequent Contributor, such Subsequent Contributor hereby
732 grants all Recipients a world-wide, royalty-free, non-exclusive license, subject to third
733 party intellectual property claims, under patent claim(s) Licensable by such Subsequent
734 Contributor that are or would be infringed by the making, using, selling, offering for sale,
735 having made, importing, exporting, transfer or disposal of any such Modifications made
736 by that Subsequent Contributor alone and/or in combination with its Subsequent Work
737 (or portions of such combination) to make, use, sell, offer for sale, have made, import,
738 export, transfer and otherwise dispose of:
739
740 (1) Modifications made by that Subsequent Contributor (or portions thereof); and
741
742 (2) the combination of Modifications made by that Subsequent Contributor with its
743 Subsequent Work (or portions of such combination);
744
745 (collectively and in each case, the "SUBSEQUENT CONTRIBUTOR VERSION").
746
747 Notwithstanding the foregoing, no patent license is granted under this Paragraph C by
748 such Subsequent Contributor: (1) for any code that such Subsequent Contributor deletes
749 from the Subsequent Contributor Version (or any portion thereof) distributed by the
750 Subsequent Contributor prior to such distribution; (2) for any Modifications made to the
751 Subsequent Contributor Version (or any portion thereof) by any other Person; or (3)
752 separate from the Subsequent Contributor Version (or portions thereof) distributed or
753 made available by the Subsequent Contributor.
754
755 D. Effective upon distribution of any Licensed Work by a Distributor to a Third Party,
756 such Distributor hereby grants all Recipients a world-wide, royalty-free, non-exclusive
757 license, subject to third party intellectual property claims, under patent claim(s)
758 Licensable by such Distributor that are or would be infringed by the making, using,
759 selling, offering for sale, having made, importing, exporting, transfer or disposal of any
760 such Licensed Work distributed by such Distributor, to make, use, sell, offer for sale,
761 have made, import, export, transfer and otherwise dispose of such Licensed Work or
762 portions thereof (collectively and in each case, the "DISTRIBUTOR VERSION").
763 Notwithstanding the foregoing, no patent license is granted under this Paragraph D by
764 such Distributor: (1) for any code that such Distributor deletes from the Distributor
765 Version (or any portion thereof) distributed by the Distributor prior to such distribution;
766 (2) for any Modifications made to the Distributor Version (or any portion thereof) by any
767 other Person; or (3) separate from the Distributor Version (or portions thereof) distributed
768 or made available by the Distributor.
769
770 E. If Recipient institutes patent litigation against another Recipient (a "USER") with
771 respect to a patent applicable to a computer program or software (including a cross-claim
772 or counterclaim in a lawsuit, and whether or not any of the patent claims are directed to a
773 system, method, process, apparatus, device, product, article of manufacture or any other
774 form of patent claim), then any patent or copyright license granted by that User to such
775 Recipient under this License or any other copy of this License shall terminate. The
776 termination shall be effective ninety (90) days after notice of termination from User to
777 Recipient, unless the Recipient withdraws the patent litigation claim before the end of the
778 ninety (90) day period. To be effective, any such notice of license termination must
779 include a specific list of applicable patents and/or a copy of the copyrighted work of User
780 that User alleges will be infringed by Recipient upon License termination. License
781 termination is only effective with respect to patents and/or copyrights for which proper
782 notice has been given.
783
784 PART 7: SAMPLE REQUIREMENTS FOR THE DESCRIPTION OF DISTRIBUTED
785 MODIFICATIONS
786
787 Each Subsequent Contributor (including the Initial Contributor where the Initial
788 Contributor qualifies as a Subsequent Contributor) is invited (but not required) to cause
789 each Subsequent Work created or contributed to by that Subsequent Contributor to
790 contain a file documenting the changes such Subsequent Contributor made to create that
791 Subsequent Work and the date of any change.
792
793 //***EXHIBIT A ENDS HERE.***//
794
795 -- with the following supplement --
796
797 Supplemental Text file for Open Fingerprint Architecture library (LIBOFA) distributed
798 under Adaptive Public License 1.0
799
800 Per Section 3.10, LIMITED RECOGNITION OF INITIAL CONTRIBUTOR
801
802 (a) As a modest attribution to the Initial Contributor, in the hope that its promotional
803 value may help justify the time, money and effort invested in writing the Initial Work, the
804 Initial Contributor may include in Part 2 of the Supplement File a requirement that each
805 time an executable program resulting from the Initial Work or any Subsequent Work, or a
806 program dependent thereon, is launched or run, a prominent display of the Initial
807 Contributor's attribution information must occur (the "ATTRIBUTION
808 INFORMATION"). The Attribution Information must be included at the beginning of
809 each Source Code file. For greater certainty, the Initial Contributor may specify in the
810 Supplement File that the above attribution requirement only applies to an executable
811 program resulting from the Initial Work or any Subsequent Work, but not a program
812 dependent thereon. The intent is to provide for reasonably modest attribution, therefore
813 the Initial Contributor may not require Recipients to display, at any time, more than the
814 following Attribution Information: (a) a copyright notice including the name of the Initial
815 Contributor; (b) a word or one phrase (not exceeding 10 words); (c) one digital image or
816 graphic provided with the Initial Work; and (d) a URL (collectively, the
817 "ATTRIBUTION LIMITS").
818
819 The attribution requested by MusicIP for this source code is:
820 (c) a digital imageconnected_by_musicip.gif or connected_by_musicip.png included
821 with this source code, also available from
822 http://www.musicip.com/connected_by_musicip.gif or
823 http://www.musicip.com/connected_by_musicip.png
824
825 (d) a URL. The image should be hyperlinked to http://www.musicip.com/
826
827 MusicIP requests that the image be legibly presented against a contrasting (light)
828 background color such as white or light grey.

  ViewVC Help
Powered by ViewVC 1.1.20