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Mon Mar 21 13:31:21 2005 UTC (9 years, 7 months ago) by sekretarz
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Added BitTorrent Open Source License

1 BitTorrent Open Source License
2
3 Version 1.0
4
5 This BitTorrent Open Source License (the "License") applies to the BitTorrent client and related software products as
6 well as any updates or maintenance releases of that software ("BitTorrent Products") that are distributed by
7 BitTorrent, Inc. ("Licensor"). Any BitTorrent Product licensed pursuant to this License is a Licensed Product.
8 Licensed Product, in its entirety, is protected by U.S. copyright law. This License identifies the terms under which
9 you may use, copy, distribute or modify Licensed Product.
10
11 Preamble
12
13 This Preamble is intended to describe, in plain English, the nature and scope of this License. However, this
14 Preamble is not a part of this license. The legal effect of this License is dependent only upon the terms of the
15 License and not this Preamble.
16
17 This License complies with the Open Source Definition and is derived from the Jabber Open Source License 1.0 (the
18 "JOSL"), which has been approved by Open Source Initiative. Sections 4(c) and 4(f)(iii) from the JOSL have been
19 dropped.
20
21 This License provides that:
22
23 1. You may use, sell or give away the Licensed Product, alone or as a component of an aggregate software
24 distribution containing programs from several different sources. No royalty or other fee is required.
25
26 2. Both Source Code and executable versions of the Licensed Product, including Modifications made by previous
27 Contributors, are available for your use. (The terms "Licensed Product," "Modifications," "Contributors" and "Source
28 Code" are defined in the License.)
29
30 3. You are allowed to make Modifications to the Licensed Product, and you can create Derivative Works from it.
31 (The term "Derivative Works" is defined in the License.)
32
33 4. By accepting the Licensed Product under the provisions of this License, you agree that any Modifications you
34 make to the Licensed Product and then distribute are governed by the provisions of this License. In particular, you
35 must make the Source Code of your Modifications available to others.
36
37 5. You may use the Licensed Product for any purpose, but the Licensor is not providing you any warranty
38 whatsoever, nor is the Licensor accepting any liability in the event that the Licensed Product doesn't work properly
39 or causes you any injury or damages.
40
41 6. If you sublicense the Licensed Product or Derivative Works, you may charge fees for warranty or support, or
42 for accepting indemnity or liability obligations to your customers. You cannot charge for the Source Code.
43
44 7. If you assert any patent claims against the Licensor relating to the Licensed Product, or if you breach any
45 terms of the License, your rights to the Licensed Product under this License automatically terminate.
46
47 You may use this License to distribute your own Derivative Works, in which case the provisions of this License will
48 apply to your Derivative Works just as they do to the original Licensed Product.
49
50 Alternatively, you may distribute your Derivative Works under any other OSI-approved Open Source license, or under a
51 proprietary license of your choice. If you use any license other than this License, however, you must continue to
52 fulfill the requirements of this License (including the provisions relating to publishing the Source Code) for those
53 portions of your Derivative Works that consist of the Licensed Product, including the files containing Modifications.
54
55 New versions of this License may be published from time to time. You may choose to continue to use the license
56 terms in this version of the License or those from the new version. However, only the Licensor has the right to
57 change the License terms as they apply to the Licensed Product.
58
59 This License relies on precise definitions for certain terms. Those terms are defined when they are first used, and
60 the definitions are repeated for your convenience in a Glossary at the end of the License.
61
62
63 License Terms
64
65 1. Grant of License From Licensor. Licensor hereby grants you a world-wide, royalty-free, non-exclusive
66 license, subject to third party intellectual property claims, to do the following:
67
68 a. Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by such
69 Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as
70 part of Derivative Works.
71
72 b. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for
73 sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any
74 such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of
75 Modifications or portions thereof or Derivative Works thereof.
76
77
78 2. Grant of License to Modifications From Contributor. "Modifications" means any additions to or deletions from the
79 substance or structure of (i) a file containing Licensed Product, or (ii) any new file that contains any part of
80 Licensed Product. Hereinafter in this License, the term "Licensed Product" shall include all previous Modifications
81 that you receive from any Contributor. By application of the provisions in Section 4(a) below, each person or entity
82 who created or contributed to the creation of, and distributed, a Modification (a "Contributor") hereby grants you a
83 world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to do the
84 following:
85
86 1. Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by such
87 Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as
88 part of Derivative Works.
89
90 2. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for
91 sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any
92 such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of
93 Modifications or portions thereof or Derivative Works thereof.
94
95
96 3. Exclusions From License Grant. Nothing in this License shall be deemed to grant any rights to trademarks,
97 copyrights, patents, trade secrets or any other intellectual property of Licensor or any Contributor except as
98 expressly stated herein. No patent license is granted separate from the Licensed Product, for code that you delete
99 from the Licensed Product, or for combinations of the Licensed Product with other software or hardware. No right is
100 granted to the trademarks of Licensor or any Contributor even if such marks are included in the Licensed Product.
101 Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this
102 License any code that Licensor otherwise would have a right to license.
103
104
105 4. Your Obligations Regarding Distribution.
106
107 a. Application of This License to Your Modifications. As an express condition for your use of the Licensed
108 Product, you hereby agree that any Modifications that you create or to which you contribute, and which you
109 distribute, are governed by the terms of this License including, without limitation, Section 2. Any Modifications
110 that you create or to which you contribute may be distributed only under the terms of this License or a future
111 version of this License released under Section 7. You must include a copy of this License with every copy of the
112 Modifications you distribute. You agree not to offer or impose any terms on any Source Code or executable version of
113 the Licensed Product or Modifications that alter or restrict the applicable version of this License or the
114 recipients' rights hereunder. However, you may include an additional document offering the additional rights
115 described in Section 4(d).
116
117 b. Availability of Source Code. You must make available, under the terms of this License, the Source Code of
118 the Licensed Product and any Modifications that you distribute, either on the same media as you distribute any
119 executable or other form of the Licensed Product, or via a mechanism generally accepted in the software development
120 community for the electronic transfer of data (an "Electronic Distribution Mechanism"). The Source Code for any
121 version of Licensed Product or Modifications that you distribute must remain available for at least twelve (12)
122 months after the date it initially became available, or at least six (6) months after a subsequent version of said
123 Licensed Product or Modifications has been made available. You are responsible for ensuring that the Source Code
124 version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
125
126 c. Intellectual Property Matters.
127
128 i. Third Party Claims. If you have knowledge that a license to a third
129 party's intellectual property right is required to exercise the rights granted by this License, you must include a
130 text file with the Source Code distribution titled "LEGAL" that describes the claim and the party making the claim in
131 sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after you make any
132 Modifications available as described in Section 4(b), you shall promptly modify the LEGAL file in all copies you make
133 available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups)
134 reasonably calculated to inform those who received the Licensed Product from you that new knowledge has been
135 obtained.
136
137 ii. Contributor APIs. If your Modifications include an application
138 programming interface ("API") and you have knowledge of patent licenses that are reasonably necessary to implement
139 that API, you must also include this information in the LEGAL file.
140
141 iii. Representations. You represent that, except as disclosed pursuant to
142 4(c)(i) above, you believe that any Modifications you distribute are your original creations and that you have
143 sufficient rights to grant the rights conveyed by this License.
144
145 d. Required Notices. You must duplicate this License in any documentation you provide along with the Source
146 Code of any Modifications you create or to which you contribute, and which you distribute, wherever you describe
147 recipients' rights relating to Licensed Product. You must duplicate the notice contained in Exhibit A (the "Notice")
148 in each file of the Source Code of any copy you distribute of the Licensed Product. If you created a Modification,
149 you may add your name as a Contributor to the Notice. If it is not possible to put the Notice in a particular Source
150 Code file due to its structure, then you must include such Notice in a location (such as a relevant directory file)
151 where a user would be likely to look for such a notice. You may choose to offer, and charge a fee for, warranty,
152 support, indemnity or liability obligations to one or more recipients of Licensed Product. However, you may do so
153 only on your own behalf, and not on behalf of the Licensor or any Contributor. You must make it clear that any such
154 warranty, support, indemnity or liability obligation is offered by you alone, and you hereby agree to indemnify the
155 Licensor and every Contributor for any liability incurred by the Licensor or such Contributor as a result of
156 warranty, support, indemnity or liability terms you offer.
157
158 e. Distribution of Executable Versions. You may distribute Licensed Product as an executable program under a
159 license of your choice that may contain terms different from this License provided (i) you have satisfied the
160 requirements of Sections 4(a) through 4(d) for that distribution, (ii) you include a conspicuous notice in the
161 executable version, related documentation and collateral materials stating that the Source Code version of the
162 Licensed Product is available under the terms of this License, including a description of how and where you have
163 fulfilled the obligations of Section 4(b), and (iii) you make it clear that any terms that differ from this License
164 are offered by you alone, not by Licensor or any Contributor. You hereby agree to indemnify the Licensor and every
165 Contributor for any liability incurred by Licensor or such Contributor as a result of any terms you offer.
166
167 f. Distribution of Derivative Works. You may create Derivative Works (e.g., combinations of some or all of the
168 Licensed Product with other code) and distribute the Derivative Works as products under any other license you select,
169 with the proviso that the requirements of this License are fulfilled for those portions of the Derivative Works that
170 consist of the Licensed Product or any Modifications thereto.
171
172
173 5. Inability to Comply Due to Statute or Regulation. If it is impossible for you to comply with any of the
174 terms of this License with respect to some or all of the Licensed Product due to statute, judicial order, or
175 regulation, then you must (i) comply with the terms of this License to the maximum extent possible, (ii) cite the
176 statute or regulation that prohibits you from adhering to the License, and (iii) describe the limitations and the
177 code they affect. Such description must be included in the LEGAL file described in Section 4(d), and must be included
178 with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such
179 description must be sufficiently detailed for a recipient of ordinary skill at computer programming to be able to
180 understand it.
181
182
183 6. Application of This License. This License applies to code to which Licensor or Contributor has attached the
184 Notice in Exhibit A, which is incorporated herein by this reference.
185
186
187 7. Versions of This License.
188
189 a. New Versions. Licensor may publish from time to time revised and/or new versions of the License.
190
191 b. Effect of New Versions. Once Licensed Product has been published under a particular version of the License,
192 you may always continue to use it under the terms of that version. You may also choose to use such Licensed Product
193 under the terms of any subsequent version of the License published by Licensor. No one other than Licensor has the
194 right to modify the terms applicable to Licensed Product created under this License.
195
196 c. Derivative Works of this License. If you create or use a modified version of this License, which you may do
197 only in order to apply it to software that is not already a Licensed Product under this License, you must rename your
198 license so that it is not confusingly similar to this License, and must make it clear that your license contains
199 terms that differ from this License. In so naming your license, you may not use any trademark of Licensor or any
200 Contributor.
201
202
203 8. Disclaimer of Warranty. LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY
204 OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED PRODUCT IS FREE
205 OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
206 PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU (AND
207 NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
208 DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED PRODUCT IS AUTHORIZED
209 HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
210
211
212 9. Termination.
213
214 a. Automatic Termination Upon Breach. This license and the rights granted hereunder will terminate
215 automatically if you fail to comply with the terms herein and fail to cure such breach within thirty (30) days of
216 becoming aware of the breach. All sublicenses to the Licensed Product that are properly granted shall survive any
217 termination of this license. Provisions that, by their nature, must remain in effect beyond the termination of this
218 License, shall survive.
219
220 b. Termination Upon Assertion of Patent Infringement. If you initiate litigation by asserting a patent
221 infringement claim (excluding declaratory judgment actions) against Licensor or a Contributor (Licensor or
222 Contributor against whom you file such an action is referred to herein as Respondent) alleging that Licensed Product
223 directly or indirectly infringes any patent, then any and all rights granted by such Respondent to you under Sections
224 1 or 2 of this License shall terminate prospectively upon sixty (60) days notice from Respondent (the "Notice
225 Period") unless within that Notice Period you either agree in writing (i) to pay Respondent a mutually agreeable
226 reasonably royalty for your past or future use of Licensed Product made by such Respondent, or (ii) withdraw your
227 litigation claim with respect to Licensed Product against such Respondent. If within said Notice Period a reasonable
228 royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not
229 withdrawn, the rights granted by Licensor to you under Sections 1 and 2 automatically terminate at the expiration of
230 said Notice Period.
231
232 c. Reasonable Value of This License. If you assert a patent infringement claim against Respondent alleging
233 that Licensed Product directly or indirectly infringes any patent where such claim is resolved (such as by license or
234 settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses
235 granted by said Respondent under Sections 1 and 2 shall be taken into account in determining the amount or value of
236 any payment or license.
237
238 d. No Retroactive Effect of Termination. In the event of termination under Sections 9(a) or 9(b) above, all
239 end user license agreements (excluding licenses to distributors and resellers) that have been validly granted by you
240 or any distributor hereunder prior to termination shall survive termination.
241
242
243 10. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE),
244 CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER
245 OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
246 ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
247 MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
248 POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
249 RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
250 NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY
251 NOT APPLY TO YOU.
252
253
254 11. Responsibility for Claims. As between Licensor and Contributors, each party is responsible for claims and
255 damages arising, directly or indirectly, out of its utilization of rights under this License. You agree to work with
256 Licensor and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or
257 shall be deemed to constitute any admission of liability.
258
259
260 12. U.S. Government End Users. The Licensed Product is a commercial item, as that term is defined in 48 C.F.R.
261 2.101 (Oct. 1995), consisting of commercial computer software and commercial computer software documentation, as such
262 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
263 227.7202-4 (June 1995), all U.S. Government End Users acquire Licensed Product with only those rights set forth
264 herein.
265
266
267 13. Miscellaneous. This License represents the complete agreement concerning the subject matter hereof. If any
268 provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary
269 to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable
270 law, if any, provides otherwise), excluding its conflict-of-law provisions. You expressly agree that any litigation
271 relating to this license shall be subject to the jurisdiction of the Federal Courts of the Northern District of
272 California or the Superior Court of the County of Santa Clara, California (as appropriate), with venue lying in Santa
273 Clara County, California, with the losing party responsible for costs including, without limitation, court costs and
274 reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the
275 International Sale of Goods is expressly excluded. You and Licensor expressly waive any rights to a jury trial in
276 any litigation concerning Licensed Product or this License. Any law or regulation that provides that the language of
277 a contract shall be construed against the drafter shall not apply to this License.
278
279
280 14. Definition of You in This License. You throughout this License, whether in upper or lower case, means an
281 individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a
282 future version of this License issued under Section 7. For legal entities, you includes any entity that controls, is
283 controlled by, or is under common control with you. For purposes of this definition, control means (i) the power,
284 direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii)
285 ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
286
287
288 15. Glossary. All defined terms in this License that are used in more than one Section of this License are repeated
289 here, in alphabetical order, for the convenience of the reader. The Section of this License in which each defined
290 term is first used is shown in parentheses.
291
292 Contributor: Each person or entity who created or contributed to the creation of, and distributed, a Modification.
293 (See Section 2)
294
295 Derivative Works: That term as used in this License is defined under U.S. copyright law. (See Section 1(b))
296
297 License: This BitTorrent Open Source License. (See first paragraph of License)
298
299 Licensed Product: Any BitTorrent Product licensed pursuant to this License. The term "Licensed Product" includes
300 all previous Modifications from any Contributor that you receive. (See first paragraph of License and Section 2)
301
302 Licensor: BitTorrent, Inc. (See first paragraph of License)
303
304 Modifications: Any additions to or deletions from the substance or structure of (i) a file containing Licensed
305 Product, or (ii) any new file that contains any part of Licensed Product. (See Section 2)
306
307 Notice: The notice contained in Exhibit A. (See Section 4(e))
308
309 Source Code: The preferred form for making modifications to the Licensed Product, including all modules contained
310 therein, plus any associated interface definition files, scripts used to control compilation and installation of an
311 executable program, or a list of differential comparisons against the Source Code of the Licensed Product. (See
312 Section 1(a))
313
314 You: This term is defined in Section 14 of this License.
315
316
317 EXHIBIT A
318
319 The Notice below must appear in each file of the Source Code of any copy you distribute of the Licensed Product or
320 any hereto. Contributors to any Modifications may add their own copyright notices to identify their own
321 contributions.
322
323 License:
324
325 The contents of this file are subject to the BitTorrent Open Source License Version 1.0 (the License). You may not
326 copy or use this file, in either source code or executable form, except in compliance with the License. You may
327 obtain a copy of the License at http://www.bittorrent.com/license/.
328
329 Software distributed under the License is distributed on an AS IS basis, WITHOUT WARRANTY OF ANY KIND, either express
330 or implied. See the License for the specific language governing rights and limitations under the License.

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