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Revision 1.1 - (show annotations) (download)
Wed Jan 16 06:36:51 2008 UTC (6 years, 10 months ago) by wltjr
Branch: MAIN
CVS Tags: HEAD
Added Initial Developers Public License (IDPL) for Firebird per bug #200276

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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