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Contents of /licenses/ErlPL-1.1

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Revision 1.1 - (show annotations) (download)
Wed Dec 7 17:33:09 2011 UTC (2 years, 7 months ago) by ulm
Branch: MAIN
CVS Tags: HEAD
Rename EPL to ErlPL-1.1, in order to avoid confusion with the Eclipse Public License, bug 389705.

1 ERLANG PUBLIC LICENSE
2 Version 1.1
3
4 1. Definitions.
5
6 1.1. ``Contributor'' means each entity that creates or contributes to
7 the creation of Modifications.
8
9 1.2. ``Contributor Version'' means the combination of the Original
10 Code, prior Modifications used by a Contributor, and the Modifications
11 made by that particular Contributor.
12
13 1.3. ``Covered Code'' means the Original Code or Modifications or the
14 combination of the Original Code and Modifications, in each case
15 including portions thereof.
16
17 1.4. ``Electronic Distribution Mechanism'' means a mechanism generally
18 accepted in the software development community for the electronic
19 transfer of data.
20
21 1.5. ``Executable'' means Covered Code in any form other than Source
22 Code.
23
24 1.6. ``Initial Developer'' means the individual or entity identified
25 as the Initial Developer in the Source Code notice required by Exhibit
26 A.
27
28 1.7. ``Larger Work'' means a work which combines Covered Code or
29 portions thereof with code not governed by the terms of this License.
30
31 1.8. ``License'' means this document.
32
33 1.9. ``Modifications'' means any addition to or deletion from the
34 substance or structure of either the Original Code or any previous
35 Modifications. When Covered Code is released as a series of files, a
36 Modification is:
37
38 A. Any addition to or deletion from the contents of a file containing
39 Original Code or previous Modifications.
40
41 B. Any new file that contains any part of the Original Code or
42 previous Modifications.
43
44 1.10. ``Original Code'' means Source Code of computer software code
45 which is described in the Source Code notice required by Exhibit A as
46 Original Code, and which, at the time of its release under this
47 License is not already Covered Code governed by this License.
48
49 1.11. ``Source Code'' means the preferred form of the Covered Code for
50 making modifications to it, including all modules it contains, plus
51 any associated interface definition files, scripts used to control
52 compilation and installation of an Executable, or a list of source
53 code differential comparisons against either the Original Code or
54 another well known, available Covered Code of the Contributor's
55 choice. The Source Code can be in a compressed or archival form,
56 provided the appropriate decompression or de-archiving software is
57 widely available for no charge.
58
59 1.12. ``You'' means an individual or a legal entity exercising rights
60 under, and complying with all of the terms of, this License. For legal
61 entities,``You'' includes any entity which controls, is controlled by,
62 or is under common control with You. For purposes of this definition,
63 ``control'' means (a) the power, direct or indirect, to cause the
64 direction or management of such entity, whether by contract or
65 otherwise, or (b) ownership of fifty percent (50%) or more of the
66 outstanding shares or beneficial ownership of such entity.
67
68 2. Source Code License.
69
70 2.1. The Initial Developer Grant.
71 The Initial Developer hereby grants You a world-wide, royalty-free,
72 non-exclusive license, subject to third party intellectual property
73 claims:
74
75 (a) to use, reproduce, modify, display, perform, sublicense and
76 distribute the Original Code (or portions thereof) with or without
77 Modifications, or as part of a Larger Work; and
78
79 (b) under patents now or hereafter owned or controlled by Initial
80 Developer, to make, have made, use and sell (``Utilize'') the
81 Original Code (or portions thereof), but solely to the extent that
82 any such patent is reasonably necessary to enable You to Utilize
83 the Original Code (or portions thereof) and not to any greater
84 extent that may be necessary to Utilize further Modifications or
85 combinations.
86
87 2.2. Contributor Grant.
88 Each Contributor hereby grants You a world-wide, royalty-free,
89 non-exclusive license, subject to third party intellectual property
90 claims:
91
92 (a) to use, reproduce, modify, display, perform, sublicense and
93 distribute the Modifications created by such Contributor (or
94 portions thereof) either on an unmodified basis, with other
95 Modifications, as Covered Code or as part of a Larger Work; and
96
97 (b) under patents now or hereafter owned or controlled by Contributor,
98 to Utilize the Contributor Version (or portions thereof), but
99 solely to the extent that any such patent is reasonably necessary
100 to enable You to Utilize the Contributor Version (or portions
101 thereof), and not to any greater extent that may be necessary to
102 Utilize further Modifications or combinations.
103
104 3. Distribution Obligations.
105
106 3.1. Application of License.
107 The Modifications which You contribute are governed by the terms of
108 this License, including without limitation Section 2.2. The Source
109 Code version of Covered Code may be distributed only under the terms
110 of this License, and You must include a copy of this License with
111 every copy of the Source Code You distribute. You may not offer or
112 impose any terms on any Source Code version that alters or restricts
113 the applicable version of this License or the recipients' rights
114 hereunder. However, You may include an additional document offering
115 the additional rights described in Section 3.5.
116
117 3.2. Availability of Source Code.
118 Any Modification which You contribute must be made available in Source
119 Code form under the terms of this License either on the same media as
120 an Executable version or via an accepted Electronic Distribution
121 Mechanism to anyone to whom you made an Executable version available;
122 and if made available via Electronic Distribution Mechanism, must
123 remain available for at least twelve (12) months after the date it
124 initially became available, or at least six (6) months after a
125 subsequent version of that particular Modification has been made
126 available to such recipients. You are responsible for ensuring that
127 the Source Code version remains available even if the Electronic
128 Distribution Mechanism is maintained by a third party.
129
130 3.3. Description of Modifications.
131 You must cause all Covered Code to which you contribute to contain a
132 file documenting the changes You made to create that Covered Code and
133 the date of any change. You must include a prominent statement that
134 the Modification is derived, directly or indirectly, from Original
135 Code provided by the Initial Developer and including the name of the
136 Initial Developer in (a) the Source Code, and (b) in any notice in an
137 Executable version or related documentation in which You describe the
138 origin or ownership of the Covered Code.
139
140 3.4. Intellectual Property Matters
141
142 (a) Third Party Claims.
143 If You have knowledge that a party claims an intellectual property
144 right in particular functionality or code (or its utilization
145 under this License), you must include a text file with the source
146 code distribution titled ``LEGAL'' which describes the claim and
147 the party making the claim in sufficient detail that a recipient
148 will know whom to contact. If you obtain such knowledge after You
149 make Your Modification available as described in Section 3.2, You
150 shall promptly modify the LEGAL file in all copies You make
151 available thereafter and shall take other steps (such as notifying
152 appropriate mailing lists or newsgroups) reasonably calculated to
153 inform those who received the Covered Code that new knowledge has
154 been obtained.
155
156 (b) Contributor APIs.
157 If Your Modification is an application programming interface and
158 You own or control patents which are reasonably necessary to
159 implement that API, you must also include this information in the
160 LEGAL file.
161
162 3.5. Required Notices.
163 You must duplicate the notice in Exhibit A in each file of the Source
164 Code, and this License in any documentation for the Source Code, where
165 You describe recipients' rights relating to Covered Code. If You
166 created one or more Modification(s), You may add your name as a
167 Contributor to the notice described in Exhibit A. If it is not
168 possible to put such notice in a particular Source Code file due to
169 its structure, then you must include such notice in a location (such
170 as a relevant directory file) where a user would be likely to look for
171 such a notice. You may choose to offer, and to charge a fee for,
172 warranty, support, indemnity or liability obligations to one or more
173 recipients of Covered Code. However, You may do so only on Your own
174 behalf, and not on behalf of the Initial Developer or any
175 Contributor. You must make it absolutely clear than any such warranty,
176 support, indemnity or liability obligation is offered by You alone,
177 and You hereby agree to indemnify the Initial Developer and every
178 Contributor for any liability incurred by the Initial Developer or
179 such Contributor as a result of warranty, support, indemnity or
180 liability terms You offer.
181
182 3.6. Distribution of Executable Versions.
183 You may distribute Covered Code in Executable form only if the
184 requirements of Section 3.1-3.5 have been met for that Covered Code,
185 and if You include a notice stating that the Source Code version of
186 the Covered Code is available under the terms of this License,
187 including a description of how and where You have fulfilled the
188 obligations of Section 3.2. The notice must be conspicuously included
189 in any notice in an Executable version, related documentation or
190 collateral in which You describe recipients' rights relating to the
191 Covered Code. You may distribute the Executable version of Covered
192 Code under a license of Your choice, which may contain terms different
193 from this License, provided that You are in compliance with the terms
194 of this License and that the license for the Executable version does
195 not attempt to limit or alter the recipient's rights in the Source
196 Code version from the rights set forth in this License. If You
197 distribute the Executable version under a different license You must
198 make it absolutely clear that any terms which differ from this License
199 are offered by You alone, not by the Initial Developer or any
200 Contributor. You hereby agree to indemnify the Initial Developer and
201 every Contributor for any liability incurred by the Initial Developer
202 or such Contributor as a result of any such terms You offer.
203
204 3.7. Larger Works.
205 You may create a Larger Work by combining Covered Code with other code
206 not governed by the terms of this License and distribute the Larger
207 Work as a single product. In such a case, You must make sure the
208 requirements of this License are fulfilled for the Covered Code.
209
210 4. Inability to Comply Due to Statute or Regulation.
211 If it is impossible for You to comply with any of the terms of this
212 License with respect to some or all of the Covered Code due to statute
213 or regulation then You must: (a) comply with the terms of this License
214 to the maximum extent possible; and (b) describe the limitations and
215 the code they affect. Such description must be included in the LEGAL
216 file described in Section 3.4 and must be included with all
217 distributions of the Source Code. Except to the extent prohibited by
218 statute or regulation, such description must be sufficiently detailed
219 for a recipient of ordinary skill to be able to understand it.
220
221 5. Application of this License.
222
223 This License applies to code to which the Initial Developer has
224 attached the notice in Exhibit A, and to related Covered Code.
225
226 6. CONNECTION TO MOZILLA PUBLIC LICENSE
227
228 This Erlang License is a derivative work of the Mozilla Public
229 License, Version 1.0. It contains terms which differ from the Mozilla
230 Public License, Version 1.0.
231
232 7. DISCLAIMER OF WARRANTY.
233
234 COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS'' BASIS,
235 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
236 WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
237 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
238 NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
239 THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE
240 IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
241 CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
242 CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
243 OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER
244 EXCEPT UNDER THIS DISCLAIMER.
245
246 8. TERMINATION.
247 This License and the rights granted hereunder will terminate
248 automatically if You fail to comply with terms herein and fail to cure
249 such breach within 30 days of becoming aware of the breach. All
250 sublicenses to the Covered Code which are properly granted shall
251 survive any termination of this License. Provisions which, by their
252 nature, must remain in effect beyond the termination of this License
253 shall survive.
254
255 9. DISCLAIMER OF LIABILITY
256 Any utilization of Covered Code shall not cause the Initial Developer
257 or any Contributor to be liable for any damages (neither direct nor
258 indirect).
259
260 10. MISCELLANEOUS
261 This License represents the complete agreement concerning the subject
262 matter hereof. If any provision is held to be unenforceable, such
263 provision shall be reformed only to the extent necessary to make it
264 enforceable. This License shall be construed by and in accordance with
265 the substantive laws of Sweden. Any dispute, controversy or claim
266 arising out of or relating to this License, or the breach, termination
267 or invalidity thereof, shall be subject to the exclusive jurisdiction
268 of Swedish courts, with the Stockholm City Court as the first
269 instance.
270
271 EXHIBIT A.
272
273 ``The contents of this file are subject to the Erlang Public License,
274 Version 1.1, (the "License"); you may not use this file except in
275 compliance with the License. You should have received a copy of the
276 Erlang Public License along with this software. If not, it can be
277 retrieved via the world wide web at http://www.erlang.org/.
278
279 Software distributed under the License is distributed on an "AS IS"
280 basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See
281 the License for the specific language governing rights and limitations
282 under the License.
283
284 The Initial Developer of the Original Code is Ericsson Utvecklings AB.
285 Portions created by Ericsson are Copyright 1999, Ericsson Utvecklings
286 AB. All Rights Reserved.''

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