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Revision 1.1 - (hide annotations) (download)
Wed Jan 16 06:36:51 2008 UTC (6 years, 9 months ago) by wltjr
Branch: MAIN
CVS Tags: HEAD
Added Initial Developers Public License (IDPL) for Firebird per bug #200276

1 wltjr 1.1 Initial Developer's PUBLIC LICENSE
2     Version 1.0
3    
4     1. Definitions
5    
6     1.0 "Commercial Use" means distribution or otherwise making the Covered
7     Code available to a third party.
8    
9     1.1 ''Contributor'' means each entity that creates or contributes to the
10     creation of Modifications.
11    
12     1.2 ''Contributor Version'' means the combination of the Original Code, prior
13     Modifications used by a Contributor, and the Modifications made by that
14     particular Contributor.
15    
16     1.3. ''Covered Code'' means the Original Code or Modifications or the
17     combination of the Original Code and Modifications, in each case including
18     portions thereof.
19    
20     1.4. ''Electronic Distribution Mechanism'' means a mechanism generally
21     accepted in the software development community for the electronic transfer of
22     data.
23    
24     1.5. ''Executable'' means Covered Code in any form other than Source Code.
25    
26     1.6. ''Initial Developer'' means the individual or entity identified as the Initial
27     Developer in the Source Code notice required by Exhibit A.
28    
29     1.7. ''Larger Work'' means a work which combines Covered Code or portions
30     thereof with code not governed by the terms of this License.
31    
32     1.8. ''License'' means this document.
33    
34     1.8.1. "Licensable" means having the right to grant, to the maximum
35     extent possible, whether at the time of the initial grant or subsequently
36     acquired, any and all of the rights conveyed herein.
37    
38     1.9. ''Modifications'' means any addition to or deletion from the substance or
39     structure of either the Original Code or any previous Modifications. When
40     Covered Code is released as a series of files, a Modification is:
41    
42     Any addition to or deletion from the contents of a file containing Original
43     Code or previous Modifications.
44    
45     Any new file that contains any part of the Original Code or previous
46     Modifications.
47    
48     1.10. ''Original Code'' means Source Code of computer software code which
49     is described in the Source Code notice required by Exhibit A as Original Code,
50     and which, at the time of its release under this License is not already Covered
51     Code governed by this License.
52    
53     1.10.1. "Patent Claims" means any patent claim(s), now owned or
54     hereafter acquired, including without limitation, method, process, and
55     apparatus claims, in any patent Licensable by grantor.
56    
57     1.11. ''Source Code'' means the preferred form of the Covered Code for
58     making modifications to it, including all modules it contains, plus any associated
59     interface definition files, scripts used to control compilation and installation of
60     an Executable, or source code differential comparisons against either the
61     Original Code or another well known, available Covered Code of the
62     Contributor's choice. The Source Code can be in a compressed or archival
63     form, provided the appropriate decompression or de-archiving software is
64     widely available for no charge.
65    
66     1.12. "You'' (or "Your") means an individual or a legal entity exercising rights
67     under, and complying with all of the terms of, this License or a future version
68     of this License issued under Section 6.1. For legal entities, "You'' includes any
69     entity w hich controls, is controlled by, or is under common control with You.
70     For purposes of this definition, "control'' means (a) the power, direct or
71     indirect, to cause the direction or management of such entity, whether by
72     contract or otherwise, or (b) ownership of more than fifty percent (50%) of
73     the outstanding shares or beneficial ownership of such entity.
74    
75    
76     2. Source Code License.
77    
78    
79     2.1. The Initial Developer Grant. The Initial Developer hereby grants You a
80     world-wide, royalty-free, non-exclusive license, subject to third party intellectual
81     property claims:
82    
83     (a) under intellectual property rights (other than patent or trademark)
84     Licensable by Initial Developer to use, reproduce, modify, display, perform,
85     sublicense and distribute the Original Code (or portions thereof) with or without
86     Modifications, and/or as part of a Larger Work; and
87    
88     (b) under Patents Claims infringed by the making, using or selling of Original
89     Code, to make, have made, use, practice, sell, and offer for sale, and/or
90     otherwise dispose of the Original Code (or portions thereof).
91     (c) the licenses granted in this Section 2.1(a) and (b) are effective on the date
92     Initial Developer first distributes Original Code under the terms of this License.
93    
94     d) Notwithstanding Section 2.1(b) above, no patent license is granted:
95    
96     1) for code that You delete from the Original Code;
97    
98     2) separate from the Original Code; or
99    
100     3) for infringements caused by:
101    
102     i) the modification of the Original Code or
103    
104     ii) the combination of the Original Code with other software or
105     devices.
106    
107     2.2. Contributor Grant. Subject to third party intellectual property claims, each
108     Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
109    
110     (a) under intellectual property rights (other than patent or trademark)
111     Licensable by Contributor, to use, reproduce, modify, display, perform,
112     sublicense and distribute the Modifications created by such Contributor (or
113     portions thereof) either on an unmodified basis, with other Modifications, as
114     Covered Code and/or as part of a Larger Work; and
115    
116     (b) under Patent Claims infringed by the making, using, or selling of
117     Modifications made by that Contributor either alone and/or in combination with
118     its Contributor Version (or portions of such combination), to make, use, sell,
119     offer for sale, have made, and/or otherwise dispose of: 1) Modifications made
120     by that Contributor (or portions thereof); and 2) the combination of
121     Modifications made by that Contributor with its Contributor Version (or portions
122     of such combination).
123    
124     (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date
125     Contributor first makes Commercial Use of the Covered Code.
126    
127     (d) Notwithstanding Section 2.2(b) above, no patent license is granted:
128    
129     1) for any code that Contributor has deleted from the Contributor
130     Version;
131    
132     2) separate from the Contributor Version;
133    
134     3) for infringements caused by:
135    
136     i) third party modifications of Contributor Version or
137    
138     ii) the combination of Modifications made by that Contributor with
139     other software (except as part of the Contributor Version) or
140     other devices; or
141    
142     4) under Patent Claims infringed by Covered Code in the absence of
143     Modifications made by that Contributor.
144    
145    
146     3. Distribution Obligations.
147    
148    
149     3.1. Application of License. The Modifications which You create or to which
150     You contribute are governed by the terms of this License, including without
151     limitation Section 2.2. The Source Code version of Covered Code may be
152     distributed only under the terms of this License or a future version of this
153     License released under Section 6.1, and You must include a copy of this
154     License with every copy of the Source Code You distribute. You may not offer
155     or impose any terms on any Source Code version that alters or restricts the
156     applicable version of this License or the recipients' rights hereunder. However,
157     You may include an additional document offering the additional rights described
158     in Section 3.5.
159    
160    
161     3.2. Availability of Source Code. Any Modification which You create or to
162     which You contribute must be made available in Source Code form under the
163     terms of this License either on the same media as an Executable version or via
164     an accepted Electronic Distribution Mechanism to anyone to whom you made
165     an Executable version available; and if made available via Electronic Distribution
166     Mechanism, must remain available for at least twelve (12) months after the
167     date it initially became available, or at least six (6) months after a subsequent
168     version of that particular Modification has been made available to such
169     recipients. You are responsible for ensuring that the Source Code version
170     remains available even if the Electronic Distribution Mechanism is maintained by
171     a third party.
172    
173    
174     3.3. Description of Modifications. You must cause all Covered Code to
175     which You contribute to contain a file documenting the changes You made to
176     create that Covered Code and the date of any change. You must include a
177     prominent statement that the Modification is derived, directly or indirectly, from
178     Original Code provided by the Initial Developer and including the name of the
179     Initial Developer in
180    
181     (a) the Source Code, and
182    
183     (b) in any notice in an Executable version or related documentation in
184     which You describe the origin or ownership of the Covered Code.
185    
186    
187     3.4. Intellectual Property Matters
188    
189     a) Third Party Claims. If Contributor has knowledge that a license under
190     a third party's intellectual property rights is required to exercise the
191     rights granted by such Contributor under Sections 2.1 or 2.2,
192     Contributor must include a text file with the Source Code distribution
193     titled "LEGAL'' which describes the claim and the party making the claim
194     in sufficient detail that a recipient will know whom to contact. If
195     Contributor obtains such knowledge after the Modification is made
196     available as described in Section 3.2, Contributor shall promptly modify
197     the LEGAL file in all copies Contributor makes available thereafter and
198     shall take other steps (such as notifying appropriate mailing lists or
199     newsgroups) reasonably calculated to inform those who received the
200     Covered Code that new knowledge has been obtained.
201    
202     (b) Contributor APIs. If Contributor's Modifications include an application
203     programming interface and Contributor has knowledge of patent
204     licenses which are reasonably necessary to implement that API,
205     Contributor must also include this information in the LEGAL file.
206    
207    
208     (c) Representations. Contributor represents that, except as disclosed
209     pursuant to Section 3.4(a) above, Contributor believes that Contributor's
210     Modifications are Contributor's original creation(s) and/or Contributor
211     has sufficient rights to grant the rights conveyed by this License.
212    
213    
214     3.5. Required Notices. You must duplicate the notice in Exhibit A in each file
215     of the Source Code. If it is not possible to put such notice in a particular Source
216     Code file due to its structure, then You must include such notice in a location
217     (such as a relevant directory) where a user would be likely to look for such a
218     notice. If You created one or more Modification(s) You may add your name as
219     a Contributor to the notice described in Exhibit A. You must also duplicate this
220     License in any documentation for the Source Code where You describe
221     recipients' rights or ownership rights relating to Covered Code. You may
222     choose to offer, and to charge a fee for, warranty, support, indemnity or
223     liability obligations to one or more recipients of Covered Code. However, You
224     may do so only on Your own behalf, and not on behalf of the Initial Developer
225     or any Contributor. You must make it absolutely clear than any such warranty,
226     support, indemnity or liability obligation is offered by You alone, and You
227     hereby agree to indemnify the Initial Developer and every Contributor for any
228     liability incurred by the Initial Developer or such Contributor as a result of
229     warranty, support, indemnity or liability terms You offer.
230    
231    
232     3.6. Distribution of Executable Versions. You may distribute Covered
233     Code in Executable form only if the requirements of Section 3.1-3.5 have been
234     met for that Covered Code, and if You include a notice stating that the Source
235     Code version of the Covered Code is available under the terms of this License,
236     including a description of how and where You have fulfilled the obligations of
237     Section 3.2. The notice must be conspicuously included in any notice in an
238     Executable version, related documentation or collateral in which You describe
239     recipients' rights relating to the Covered Code. You may distribute the
240     Executable version of Covered Code or ownership rights under a license of
241     Your choice, which may contain terms different from this License, provided
242     that You are in compliance with the terms of this License and hat the license
243     for the Executable version does not attempt to limit or alter the recipient's rights
244     in the Source Code version from the rights set forth in this License. If You
245     distribute the Executable version under a different license You must make it
246     absolutely clear that any terms which differ from this License are offered by
247     You alone, not by the Initial Developer or any Contributor. You hereby agree to
248     indemnify the Initial Developer and every Contributor for any liability incurred by
249     the Initial Developer or such Contributor as a result of any such terms You
250     offer.
251    
252    
253     3.7. Larger Works. You may create a Larger Work by combining Covered
254     Code with other code not governed by the terms of this License and distribute
255     the Larger Work as a single product. In such a case, You must make sure the
256     requirements of this License are fulfilled for the Covered Code.
257    
258    
259     4. Inability to Comply Due to Statute or Regulation.
260    
261    
262    
263     If it is impossible for You to comply with any of the terms of this License with respect
264     to some or all of the Covered Code due to statute, judicial order, or regulation then You
265     must:
266    
267     (a) comply with the terms of this License to the maximum extent possible; and
268    
269     (b) describe the limitations and the code they affect. Such description must be
270     included in the LEGAL file described in Section 3.4 and must be included with
271     all distributions of the Source Code. Except to the extent prohibited by statute
272     or regulation, such description must be sufficiently detailed for a recipient of
273     ordinary skill to be able to understand it.
274    
275    
276     5. Application of this License.
277    
278    
279    
280     This License applies to code to which the Initial Developer has attached the notice in
281     Exhibit A and to related Covered Code.
282    
283    
284     6. Versions of the License.
285    
286    
287     6.1. New Versions. The Initial Developer of this code may publish revised
288     and/or new versions of the License from time to time. Each version will be
289     given a distinguishing version number.
290    
291    
292     6.2. Effect of New Versions. Once Covered Code has been published under
293     a particular version of the License, You may always continue to use it under
294     the terms of that version. You may also choose to use such Covered Code
295     under the terms of any subsequent version of the License published by the
296     Initial Developer. No one other than the Initial Developer has the right to modify
297     the terms applicable to Covered Code created under this License.
298    
299    
300     6.3. Derivative Works. If You create or use a modified version of this License
301     (which you may only do in order to apply it to code which is not already
302     Covered Code governed by this License), You must
303    
304     (a) rename Your license so that the phrases ''Mozilla'', ''MOZILLAPL'',
305     ''MOZPL'', ''Netscape'', "MPL", ''NPL", or any confusingly similar phrases
306     do not appear in your license (except to note that your license differs
307     from this License) and
308    
309     (b) otherwise make it clear that Your version of the license contains
310     terms which differ from the Mozilla Public License and Netscape Public
311     License. (Filling in the name of the Initial Developer, Original Code or
312     Contributor in the notice described in Exhibit A shall not of themselves
313     be deemed to be modifications of this License.)
314    
315    
316     6.4 Origin of the Initial Developer's Public License. The Initial Developer's
317     Public License is based on the Mozilla Public License V 1.1 with the following
318     changes:
319    
320     1) The license is published by the Initial Developer of this code. Only the
321     Initial Developer can modify the terms applicable to Covered Code.
322    
323     2) The license can be modified and used for code which is not already
324     governed by this license. Modified versions of the license must be
325     renamed to avoid confusion with Netscape's license Initial Developer's's
326     license and must include a description of changes from the Initial
327     Developer's Public License.
328    
329     3) The name of the license in Exhibit A is the "Initial Developer's Public
330     License".
331    
332     4) The reference to an alternative license in Exhibit A has been removed
333    
334     .
335     5) Amendments I, II, III, V, and VI have been deleted.
336    
337     6) Exhibit A, Netscape Public License has been deleted
338    
339    
340     7. DISCLAIMER OF WARRANTY.
341    
342    
343    
344     COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT
345     WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
346     LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS,
347     MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE
348     ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS
349     WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
350     YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
351     COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
352     OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
353     ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
354     DISCLAIMER.
355    
356    
357     8. TERMINATION.
358    
359    
360     8.1. This License and the rights granted hereunder will terminate automatically
361     if You fail to comply with terms herein and fail to cure such breach within 30
362     days of becoming aware of the breach. All sublicenses to the Covered Code
363     which are properly granted shall survive any termination of this License.
364     Provisions which, by their nature, must remain in effect beyond the termination
365     of this License shall survive.
366    
367     8.2. If You initiate litigation by asserting a patent infringement claim (excluding
368     declatory judgment actions) against Initial Developer or a Contributor (the Initial
369     Developer or Contributor against whom You file such action is referred to as
370     "Participant") alleging that:
371    
372     (a) such Participant's Contributor Version directly or indirectly infringes
373     any patent, then any and all rights granted by such Participant to You
374     under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice
375     from Participant terminate prospectively, unless if within 60 days after
376     receipt of notice You either:
377    
378     (i) agree in writing to pay Participant a mutually agreeable
379     reasonable royalty for Your past and future use of Modifications
380     made by such Participant, or
381    
382     (ii) withdraw Your litigation claim with respect to the Contributor
383     Version against such Participant.
384    
385    
386     If within 60 days of notice, a reasonable royalty and payment
387     arrangement are not mutually agreed upon in writing by the parties or
388     the litigation claim is not withdrawn, the rights granted by Participant to
389     You under Sections 2.1 and/or 2.2 automatically terminate at the
390     expiration of the 60 day notice period specified above.
391    
392     (b) any software, hardware, or device, other than such Participant's
393     Contributor Version, directly or indirectly infringes any patent, then any
394     rights granted to You by such Participant under Sections 2.1(b) and
395     2.2(b) are revoked effective as of the date You first made, used, sold,
396     distributed, or had made, Modifications made by that Participant.
397    
398     8.3. If You assert a patent infringement claim against Participant alleging that
399     such Participant's Contributor Version directly or indirectly infringes any patent
400     where such claim is resolved (such as by license or settlement) prior to the
401     initiation of patent infringement litigation, then the reasonable value of the
402     licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken
403     into account in determining the amount or value of any payment or license.
404    
405     8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user
406     license agreements (excluding distributors and resellers) which have been
407     validly granted by You or any distributor hereunder prior to termination shall
408     survive termination.
409    
410    
411     9. LIMITATION OF LIABILITY.
412    
413    
414     UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
415     (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
416     DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
417     CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON
418     FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
419     CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
420     GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
421     AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY
422     SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
423     LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
424     PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
425     APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT
426     ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
427     DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
428    
429    
430     10. U.S. GOVERNMENT END USERS.
431    
432    
433     The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R. 2.101
434     (Oct. 1995), consisting of ''commercial computer software'' and ''commercial computer
435     software documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
436     Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June
437     1995), all U.S. Government End Users acquire Covered Code with only those rights
438     set forth herein.
439    
440    
441     11. MISCELLANEOUS.
442    
443    
444     This License represents the complete agreement concerning subject matter hereof. If
445     any provision of this License is held to be unenforceable, such provision shall be
446     reformed only to the extent necessary to make it enforceable. This License shall be
447     governed by California law provisions (except to the extent applicable law, if any,
448     provides otherwise), excluding its conflict-of-law provisions. With respect to disputes
449     in which at least one party is a citizen of, or an entity chartered or registered to do
450     business in the United States of America, any litigation relating to this License shall be
451     subject to the jurisdiction of the Federal Courts of the Northern District of California,
452     with venue lying in Santa Clara County, California, with the losing party responsible for
453     costs, including without limitation, court costs and reasonable attorneys' fees and
454     expenses. The application of the United Nations Convention on Contracts for the
455     International Sale of Goods is expressly excluded. Any law or regulation which
456     provides that the language of a contract shall be construed against the drafter shall
457     not apply to this License.
458    
459    
460     12. RESPONSIBILITY FOR CLAIMS.
461    
462    
463     As between Initial Developer and the Contributors, each party is responsible for claims
464     and damages arising, directly or indirectly, out of its utilization of rights under this
465     License and You agree to work with Initial Developer and Contributors to distribute
466     such responsibility on an equitable basis. Nothing herein is intended or shall be
467     deemed to constitute any admission of liability.
468    
469    
470     13. MULTIPLE-LICENSED CODE.
471    
472    
473     Initial Developer may designate portions of the Covered Code as "Multiple-Licensed".
474     "Multiple-Licensed" means that the Initial Devpoeloper permits you to utilize portions of
475     the Covered Code under Your choice of the IDPL or the alternative licenses, if any,
476     specified by the Initial Developer in the file described in Exhibit A.
477    
478     EXHIBIT A -Initial Developer's Public License.
479    
480     The contents of this file are subject to the Initial Developer's Public License Version 1.0
481     (the "License"); you may not use this file except in compliance with the License. You
482     may obtain a copy of the License at http://www.ibphoenix.com/idpl.html Software
483     distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY
484     OF ANY KIND, either express or implied. See the License for the specific language
485     governing rights and limitations under the License.
486    
487     The Original Code is ______________________________________.
488    
489     The Initial Developer of the Original Code is ________________________.
490    
491     Portions created by ______________________ are Copyright (C) ______
492     _______________________.
493    
494     All Rights Reserved.
495    
496     Contributor(s): ______________________________________.

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