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authorAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
committerAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
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+ADAPTIVE PUBLIC LICENSE Version 1.0
+
+THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THIS ADAPTIVE
+PUBLIC LICENSE ("LICENSE"). ANY USE, REPRODUCTION OR DISTRIBUTION
+OF THE LICENSED WORK CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
+LICENSE AND ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE
+TERMS OF THIS LICENSE. "LICENSED WORK" AND "RECIPIENT" ARE
+DEFINED BELOW.
+
+IMPORTANT NOTE: This License is "adaptive", and the generic version or another
+version of an Adaptive Public License should not be relied upon to determine your rights
+and obligations under this License. You must read the specific Adaptive Public License
+that you receive with the Licensed Work, as certain terms are defined at the outset by the
+Initial Contributor.
+
+See Section 2.2 below, Exhibit A attached, and any Suppfile.txt accompanying this
+License to determine the specific adaptive features applicable to this License. For
+example, without limiting the foregoing, (a) for selected choice of law and jurisdiction
+see Part 3 of Exhibit A; (b) for the selected definition of Third Party see Part 4 of Exhibit
+A; and (c) for selected patent licensing terms (if any) see Section 2.2 below and Part 6 of
+Exhibit A.
+
+1. DEFINITIONS.
+
+ 1.1. "CONTRIBUTION" means:
+
+ (a) In the case of the Initial Contributor, the Initial Work distributed under this License
+by the Initial Contributor; and
+
+ (b) In the case of each Subsequent Contributor, the Subsequent Work originating from
+and distributed by such Subsequent Contributor.
+
+ 1.2. "DESIGNATED WEB SITE" means the web site having the URL identified in Part
+1 of Exhibit A, which URL may be changed by the Initial Contributor by posting on the
+current Designated Web Site the new URL for at least sixty (60) days.
+
+ 1.3. "DISTRIBUTOR" means any Person that distributes the Licensed Work or any
+portion thereof to at least one Third Party.
+
+ 1.4. "ELECTRONIC DISTRIBUTION MECHANISM" means any mechanism generally
+accepted in the software development community for the electronic transfer of data.
+
+ 1.5. "EXECUTABLE" means the Licensed Work in any form other than Source Code.
+
+ 1.6. "GOVERNING JURISDICTION" means the state, province or other legal
+jurisdiction identified in Part 3 of Exhibit A.
+
+ 1.7. "INDEPENDENT MODULE" means a separate module of software and/or data that
+is not a derivative work of or copied from the Licensed Work or any portion thereof. In
+addition, a module does not qualify as an Independent Module but instead forms part of
+the Licensed Work if the module: (a) is embedded in the Licensed Work; (b) is included
+by reference in the Licensed Work other than by a function call or a class reference; or
+(c) must be included or contained, in whole or in part, within a file directory or
+subdirectory actually containing files making up the Licensed Work.
+
+ 1.8. "INITIAL CONTRIBUTOR" means the Person or entity identified as the Initial
+Contributor in the notice required by Part 1 of Exhibit A.
+
+ 1.9. "INITIAL WORK" means the initial Source Code, object code (if any) and
+documentation for the computer program identified in Part 2 of Exhibit A, as such Source
+Code, object code and documentation is distributed under this License by the Initial
+Contributor.
+
+ 1.10. "LARGER WORK" means a work that combines the Licensed Work or portions
+thereof with code not governed by this License.
+
+ 1.11. "LICENSED WORK" means the Initial Work and/or any Subsequent Work, in
+each case including portions thereof.
+
+ 1.12. "LICENSE NOTICE" has the meaning assigned in Part 5 of Exhibit A.
+
+ 1.13. "MODIFICATION" or "MODIFICATIONS" means any change to and/or addition
+to the Licensed Work.
+
+ 1.14. "PERSON" means an individual or other legal entity, including a corporation,
+partnership or other body.
+
+ 1.15. "RECIPIENT" means any Person who receives or obtains the Licensed Work
+under this License (by way of example, without limiting the foregoing, any Subsequent
+Contributor or Distributor).
+
+ 1.16. "SOURCE CODE" means the source code for a computer program, including the
+source code for all modules and components of the computer program, plus any
+associated interface definition files, and scripts used to control compilation and
+installation of an executable.
+
+ 1.17. "SUBSEQUENT CONTRIBUTOR" means any Person that makes or contributes
+to the making of any Subsequent Work and that distributes that Subsequent Work to at
+least one Third Party.
+
+ 1.18. "SUBSEQUENT WORK" means a work that has resulted or arises from changes to
+and/or additions to:
+
+ (a) the Initial Work;
+
+ (b) any other Subsequent Work; or
+
+ (c) to any combination of the Initial Work and any such other Subsequent Work;
+
+ where such changes and/or additions originate from a Subsequent Contributor. A
+Subsequent Work will "originate" from a Subsequent Contributor if the Subsequent Work
+was a result of efforts by such Subsequent Contributor (or anyone acting on such
+Subsequent Contributor's behalf, such as, a contractor or other entity that is engaged by
+or under the direction of the Subsequent Contributor). For greater certainty, a Subsequent
+Work expressly excludes and shall not capture within its meaning any Independent
+Module.
+
+ 1.19. "SUPPLEMENT FILE" means a file distributed with the Licensed Work having a
+file name "suppfile.txt".
+
+ 1.20. "THIRD PARTY" has the meaning assigned in Part 4 of Exhibit A.
+
+2. LICENSE.
+
+ 2.1. COPYRIGHT LICENSE FROM INITIAL AND SUBSEQUENT
+CONTRIBUTORS.
+
+ (a) Subject to the terms of this License, the Initial Contributor hereby grants each
+Recipient a world-wide, royalty-free, non-exclusive copyright license to:
+
+ (i) reproduce, prepare derivative works of, publicly display, publicly perform, distribute
+and sublicense the Initial Work; and
+
+ (ii) reproduce, publicly display, publicly perform, distribute, and sublicense any
+derivative works (if any) prepared by Recipient;
+
+ in Source Code and Executable form, either with other Modifications, on an unmodified
+basis, or as part of a Larger Work.
+
+ (b) Subject to the terms of this License, each Subsequent Contributor hereby grants each
+Recipient a world-wide, royalty-free, non-exclusive copyright license to:
+
+ (i) reproduce, prepare derivative works of, publicly display, publicly perform, distribute
+and sublicense the Subsequent Work of such Subsequent Contributor; and
+
+ (ii) reproduce, publicly display, publicly perform, distribute, and sublicense any
+derivative works (if any) prepared by Recipient;
+
+ in Source Code and Executable form, either with other Modifications, on an unmodified
+basis, or as part of a Larger Work.
+
+ 2.2. PATENT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.
+
+ (a) This License does not include or grant any patent license whatsoever from the Initial
+Contributor, Subsequent Contributor, or any Distributor unless, at the time the Initial
+Work is first distributed or made available under this License (as the case may be), the
+Initial Contributor has selected pursuant to Part 6 of Exhibit A the patent terms in
+paragraphs A, B, C, D and E from Part 6 of Exhibit A. If this is not done then the Initial
+Work and any other Subsequent Work is made available under the License without any
+patent license (the "PATENTS-EXCLUDED LICENSE").
+
+ (b) However, the Initial Contributor may subsequently distribute or make available (as
+the case may be) future copies of: (1) the Initial Work; or (2) any Licensed Work
+distributed by the Initial Contributor which includes the Initial Work (or any portion
+thereof) and/or any Modification made by the Initial Contributor; available under a
+License which includes a patent license (the "PATENTS-INCLUDED LICENSE") by
+selecting pursuant to Part 6 of Exhibit A the patent terms in paragraphs A, B, C, D and E
+from Part 6 of Exhibit A, when the Initial Contributor distributes or makes available (as
+the case may be) such future copies under this License.
+
+ (c) If any Recipient receives or obtains one or more copies of the Initial Work or any
+other portion of the Licensed Work under the Patents-Included License, then all licensing
+of such copies under this License shall include the terms in paragraphs A, B, C, D and E
+from Part 6 of Exhibit A and that Recipient shall not be able to rely upon the Patents-
+Excluded License for any such copies. However, all Recipients that receive one or more
+copies of the Initial Work or any other portion of the Licensed Work under a copy of the
+License which includes the Patents-Excluded License shall have no patent license with
+respect to such copies received under the Patents-Excluded License and availability and
+distribution of such copies, including Modifications made by such Recipient to such
+copies, shall be under a copy of the License without any patent license.
+
+ (d) Where a Recipient uses in combination or combines any copy of the Licensed Work
+(or portion thereof) licensed under a copy of the License having a Patents-Excluded
+License with any copy of the Licensed Work (or portion thereof) licensed under a copy of
+the License having a Patents-Included License, the combination (and any portion thereof)
+shall, from the first time such Recipient uses, makes available or distributes the
+combination (as the case may be), be subject to only the terms of the License having the
+Patents-Included License which shall include the terms in paragraphs A, B, C, D and E
+from Part 6 of Exhibit A.
+
+ 2.3. ACKNOWLEDGEMENT AND DISCLAIMER.
+
+ Recipient understands and agrees that although Initial Contributor and each Subsequent
+Contributor grants the licenses to its Contributions set forth herein, no representation,
+warranty, guarantee or assurance is provided by any Initial Contributor, Subsequent
+Contributor, or Distributor that the Licensed Work does not infringe the patent or other
+intellectual property rights of any other entity. Initial Contributor, Subsequent
+Contributor, and each Distributor disclaims any liability to Recipient for claims brought
+by any other entity based on infringement of intellectual property rights or otherwise, in
+relation to the Licensed Works. As a condition to exercising the rights and licenses
+granted hereunder, each Recipient hereby assumes sole responsibility to secure any other
+intellectual property rights needed, if any. For example, without limiting the foregoing
+disclaimers, if a third party patent license is required to allow Recipient to distribute the
+Licensed Work, it is Recipient's responsibility to acquire that license before distributing
+the Licensed Work.
+
+ 2.4. RESERVATION.
+
+ Nothing in this License shall be deemed to grant any rights to trademarks, copyrights,
+patents, trade secrets or any other intellectual property of Initial Contributor, Subsequent
+Contributor, or Distributor except as expressly stated herein.
+
+3. DISTRIBUTION OBLIGATIONS.
+
+ 3.1. DISTRIBUTION GENERALLY.
+
+ (a) A Subsequent Contributor shall make that Subsequent Contributor's Subsequent
+Work(s) available to the public via an Electronic Distribution Mechanism for a period of
+at least twelve (12) months. The aforesaid twelve (12) month period shall begin within a
+reasonable time after the creation of the Subsequent Work and no later than sixty (60)
+days after first distribution of that Subsequent Contributor's Subsequent Work.
+
+ (b) All Distributors must distribute the Licensed Work in accordance with the terms of
+the License, and must include a copy of this License (including without limitation Exhibit
+A and the accompanying Supplement File) with each copy of the Licensed Work
+distributed. In particular, this License must be prominently distributed with the Licensed
+Work in a file called "license.txt." In addition, the License Notice in Part 5 of Exhibit A
+must be included at the beginning of all Source Code files, and viewable to a user in any
+executable such that the License Notice is reasonably brought to the attention of any
+party using the Licensed Work.
+
+ 3.2. EXECUTABLE DISTRIBUTIONS OF THE LICENSED WORK.
+
+ A Distributor may choose to distribute the Licensed Work, or any portion thereof, in
+Executable form (an "EXECUTABLE DISTRIBUTION") to any third party, under the
+terms of Section 2 of this License, provided the Executable Distribution is made available
+under and accompanied by a copy of this License, AND provided at least ONE of the
+following conditions is fulfilled:
+
+ (a) The Executable Distribution must be accompanied by the Source Code for the
+Licensed Work making up the Executable Distribution, and the Source Code must be
+distributed on the same media as the Executable Distribution or using an Electronic
+Distribution Mechanism; or
+
+ (b) The Executable Distribution must be accompanied with a written offer, valid for at
+least thirty six (36) months, to give any third party under the terms of this License, for a
+charge no more than the cost of physically performing source distribution, a complete
+machine-readable copy of the Source Code for the Licensed Work making up the
+Executable Distribution, to be available and distributed using an Electronic Distribution
+Mechanism, and such Executable Distribution must remain available in Source Code
+form to any third party via the Electronic Distribution Mechanism (or any replacement
+Electronic Distribution Mechanism the particular Distributor may reasonably need to turn
+to as a substitute) for said at least thirty six (36) months.
+
+ For greater certainty, the above-noted requirements apply to any Licensed Work or
+portion thereof distributed to any third party in Executable form, whether such
+distribution is made alone, in combination with a Larger Work or Independent Modules,
+or in some other combination.
+
+ 3.3. SOURCE CODE DISTRIBUTIONS.
+
+ When a Distributor makes the Licensed Work, or any portion thereof, available to any
+Person in Source Code form, it must be made available under this License and a copy of
+this License must be included with each copy of the Source Code, situated so that the
+copy of the License is conspicuously brought to the attention of that Person. For greater
+clarification, this Section 3.3 applies to all distribution of the Licensed Work in any
+Source Code form. A Distributor may charge a fee for the physical act of transferring a
+copy, which charge shall be no more than the cost of physically performing source
+distribution.
+
+ 3.4. REQUIRED NOTICES IN SOURCE CODE.
+
+ Each Subsequent Contributor must ensure that the notice set out in Part 5 of Exhibit A is
+included in each file of the Source Code for each Subsequent Work originating from that
+particular Subsequent Contributor, if such notice is not already included in each such file.
+If it is not possible to put such notice in a particular Source Code file due to its structure,
+then the Subsequent Contributor must include such notice in a location (such as a relevant
+directory in which the file is stored) where a user would be likely to look for such a
+notice.
+
+ 3.5. NO DISTRIBUTION REQUIREMENTS FOR INTERNALLY USED
+MODIFICATIONS.
+
+Notwithstanding Sections 3.2, 3.3 and 3.4, Recipient may, internally within its own
+corporation or organization use the Licensed Work, including the Initial Work and
+Subsequent Works, and make Modifications for internal use within Recipient's own
+corporation or organization (collectively, "INTERNAL USE MODIFICATIONS"). The
+Recipient shall have no obligation to distribute, in either Source Code or Executable
+form, any such Internal Use Modifications made by Recipient in the course of such
+internal use, except where required below in this Section 3.5. All Internal Use
+Modifications distributed to any Person, whether or not a Third Party, shall be distributed
+pursuant to and be accompanied by the terms of this License. If the Recipient chooses to
+distribute any such Internal Use Modifications to any Third Party, then the Recipient
+shall be deemed a Subsequent Contributor, and any such Internal Use Modifications
+distributed to any Third Party shall be deemed a Subsequent Work originating from that
+Subsequent Contributor, and shall from the first such instance become part of the
+Licensed Work that must thereafter be distributed and made available to third parties in
+accordance with the terms of Sections 3.1 to 3.4 inclusive.
+
+ 3.6. INDEPENDENT MODULES.
+
+This License shall not apply to Independent Modules of any Initial Contributor,
+Subsequent Contributor, Distributor or any Recipient, and such Independent Modules
+may be licensed or made available under one or more separate license agreements.
+
+ 3.7. LARGER WORKS.
+
+Any Distributor or Recipient may create or contribute to a Larger Work by combining
+any of the Licensed Work with other code not governed by the terms of this License, and
+may distribute the Larger Work as one or more products. However, in any such case,
+Distributor or Recipient (as the case may be) must make sure that the requirements of this
+License are fulfilled for the Licensed Work portion of the Larger Work.
+
+ 3.8. DESCRIPTION OF DISTRIBUTED MODIFICATIONS.
+
+ (a) Each Subsequent Contributor (including the Initial Contributor where the Initial
+Contributor also qualifies as a Subsequent Contributor) must cause each Subsequent
+Work created or contributed to by that Subsequent Contributor to contain a file
+documenting the changes, in accordance with the requirements of Part 1 of the
+Supplement File, that such Subsequent Contributor made in the creation or contribution
+to that Subsequent Work. If no Supplement File exists or no requirements are set out in
+Part 1 of the Supplement File, then there are no requirements for Subsequent Contributors
+to document changes that they make resulting in Subsequent Works.
+
+ (b) The Initial Contributor may at any time introduce requirements or add to or change
+earlier requirements (in each case, the "EARLIER DESCRIPTION REQUIREMENTS")
+for documenting changes resulting in Subsequent Works by revising Part 1 of each copy
+of the Supplement File distributed by the Initial Contributor with future copies of the
+Licensed Work so that Part 1 then contains new requirements (the "NEW
+DESCRIPTION REQUIREMENTS") for documenting such changes.
+
+ (c) Any Recipient receiving at any time any copy of an Initial Work or any Subsequent
+Work under a copy of this License (in each case, an "Earlier LICENSED COPY") having
+the Earlier Description Requirements may choose, with respect to each such Earlier
+Licensed Copy, to comply with the Earlier Description Requirements or the New
+Description Requirements. Where a Recipient chooses to comply with the New
+Description Requirements, that Recipient will, when thereafter distributing any copies of
+any such Earlier Licensed Copy, include a Supplement File having a section entitled Part
+1 that contains a copy of the New Description Requirements.
+
+ (d) For greater certainty, the intent of Part 1 of the Supplement File is to provide a
+mechanism (if any) by which Subsequent Contributors must document changes that they
+make to the Licensed Work resulting in Subsequent Works. Part 1 of any Supplement
+File shall not be used to increase or reduce the scope of the license granted in Article 2 of
+this License or in any other way increase or decrease the rights and obligations of any
+Recipient, and shall at no time serve as the basis for terminating the License. Further, a
+Recipient can be required to correct and change its documentation procedures to comply
+with Part 1 of the Supplement File, but cannot be penalised with damages. Part 1 of any
+Supplement File is only binding on each Recipient of any Licensed Work to the extent
+Part 1 sets out the requirements for documenting changes to the Initial Work or any
+Subsequent Work.
+
+ (e) An example of a set of requirements for documenting changes and contributions
+made by Subsequent Contributor is set out in Part 7 of Exhibit A of this License. Part 7 is
+a sample only and is not binding on Recipients, unless (subject to the earlier paragraphs
+of this Section 3.8) those are the requirements that the Initial Contributor includes in Part
+1 of the Supplement File with the copies of the Initial Work distributed under this
+License.
+
+ 3.9. USE OF DISTRIBUTOR NAME.
+
+ The name of a Distributor may not be used by any other Distributor to endorse or
+promote the Licensed Work or products derived from the Licensed Work, without prior
+written permission.
+
+ 3.10. LIMITED RECOGNITION OF INITIAL CONTRIBUTOR.
+
+ (a) As a modest attribution to the Initial Contributor, in the hope that its promotional
+value may help justify the time, money and effort invested in writing the Initial Work, the
+Initial Contributor may include in Part 2 of the Supplement File a requirement that each
+time an executable program resulting from the Initial Work or any Subsequent Work, or a
+program dependent thereon, is launched or run, a prominent display of the Initial
+Contributor's attribution information must occur (the "ATTRIBUTION
+INFORMATION"). The Attribution Information must be included at the beginning of
+each Source Code file. For greater certainty, the Initial Contributor may specify in the
+Supplement File that the above attribution requirement only applies to an executable
+program resulting from the Initial Work or any Subsequent Work, but not a program
+dependent thereon. The intent is to provide for reasonably modest attribution, therefore
+the Initial Contributor may not require Recipients to display, at any time, more than the
+following Attribution Information: (a) a copyright notice including the name of the Initial
+Contributor; (b) a word or one phrase (not exceeding 10 words); (c) one digital image or
+graphic provided with the Initial Work; and (d) a URL (collectively, the
+"ATTRIBUTION LIMITS").
+
+ (b) If no Supplement File exists, or no Attribution Information is set out in Part 2 of the
+Supplement File, then there are no requirements for Recipients to display any Attribution
+Information of the Initial Contributor.
+
+ (c) Each Recipient acknowledges that all trademarks, service marks and/or trade names
+contained within Part 2 of the Supplement File distributed with the Licensed Work are
+the exclusive property of the Initial Contributor and may only be used with the
+permission of the Initial Contributor, or under circumstances otherwise permitted by law,
+or as expressly set out in this License.
+
+ 3.11. For greater certainty, any description or attribution provisions contained within a
+Supplement File may only be used to specify the nature of the description or attribution
+requirements, as the case may be. Any provision in a Supplement File that otherwise
+purports to modify, vary, nullify or amend any right, obligation or representation
+contained herein shall be deemed void to that extent, and shall be of no force or effect.
+
+4. COMMERCIAL USE AND INDEMNITY.
+
+ 4.1. COMMERCIAL SERVICES.
+
+ A Recipient ("COMMERCIAL RECIPIENT") may choose to offer, and to charge a fee
+for, warranty, support, indemnity or liability obligations (collectively, "SERVICES") to
+one or more other Recipients or Distributors. However, such Commercial Recipient may
+do so only on that Commercial Recipient's own behalf, and not on behalf of any other
+Distributor or Recipient, and Commercial Recipient must make it clear than any such
+warranty, support, indemnity or liability obligation(s) is/are offered by Commercial
+Recipient alone. At no time may Commercial Recipient use any Services to deny any
+party the Licensed Work in Source Code or Executable form when so required under any
+of the other terms of this License. For greater certainty, this Section 4.1 does not diminish
+any of the other terms of this License, including without limitation the obligation of the
+Commercial Recipient as a Distributor, when distributing any of the Licensed Work in
+Source Code or Executable form, to make such distribution royalty-free (subject to the
+right to charge a fee of no more than the cost of physically performing Source Code or
+Executable distribution (as the case may be)).
+
+ 4.2. INDEMNITY.
+
+ Commercial distributors of software may accept certain responsibilities with respect to
+end users, business partners and the like. While this License is intended to facilitate the
+commercial use of the Licensed Work, the Distributor who includes any of the Licensed
+Work in a commercial product offering should do so in a manner which does not create
+potential liability for other Distributors. Therefore, if a Distributor includes the Licensed
+Work in a commercial product offering or offers any Services, such Distributor
+("COMMERCIAL DISTRIBUTOR") hereby agrees to defend and indemnify every other
+Distributor or Subsequent Contributor (in each case an "INDEMNIFIED PARTY")
+against any losses, damages and costs (collectively "LOSSES") arising from claims,
+lawsuits and other legal actions brought by a third party against the Indemnified Party to
+the extent caused by the acts or omissions of such Commercial Distributor in connection
+with its distribution of any of the Licensed Work in a commercial product offering or in
+connection with any Services. The obligations in this section do not apply to any claims
+or Losses relating to any actual or alleged intellectual property infringement. In order to
+qualify, an Indemnified Party must: (a) promptly notify the Commercial Distributor in
+writing of such claim; and (b) allow the Commercial Distributor to control, and co-
+operate with the Commercial Distributor in, the defense and any related settlement
+negotiations. The Indemnified Party may participate in any such claim at its own
+expense.
+
+5. VERSIONS OF THE LICENSE.
+
+ 5.1. NEW VERSIONS.
+
+ The Initial Contributor may publish revised and/or new versions of the License from
+time to time. Each version will be given a distinguishing version number.
+
+ 5.2. EFFECT OF NEW VERSIONS.
+
+ Once the Licensed Work or any portion thereof has been published by Initial Contributor
+under a particular version of the License, Recipient may choose to continue to use it
+under the terms of that version. However, if a Recipient chooses to use the Licensed
+Work under the terms of any subsequent version of the License published by the Initial
+Contributor, then from the date of making this choice, the Recipient must comply with
+the terms of that subsequent version with respect to all further reproduction, preparation
+of derivative works, public display of, public performance of, distribution and
+sublicensing by the Recipient in connection with the Licensed Work. No one other than
+the Initial Contributor has the right to modify the terms applicable to the Licensed Work
+
+6. DISCLAIMER OF WARRANTY.
+
+ 6.1. GENERAL DISCLAIMER.
+
+ EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE LICENSED WORK
+IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT ANY
+REPRESENTATION, WARRANTY, GUARANTEE, ASSURANCE OR CONDITION
+OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
+LIMITATION, WARRANTIES OR CONDITIONS OF TITLE, NON-
+INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
+PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
+THE LICENSED WORK IS WITH RECIPIENT. SHOULD ANY LICENSED WORK
+PROVE DEFECTIVE IN ANY RESPECT, RECIPIENT (NOT THE INITIAL
+CONTRIBUTOR OR ANY SUBSEQUENT CONTRIBUTOR) ASSUMES THE COST
+OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS CLAUSE
+CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
+LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
+LICENSE INCLUDING WITHOUT LIMITATION THIS DISCLAIMER.
+
+ 6.2. RESPONSIBILITY OF RECIPIENTS.
+
+ Each Recipient is solely responsible for determining the appropriateness of using and
+distributing the Licensed Work and assumes all risks associated with its exercise of rights
+under this License, including but not limited to the risks and costs of program errors,
+compliance with applicable laws, damage to or loss of data, programs or equipment, and
+unavailability or interruption of operations.
+
+7. TERMINATION.
+
+ 7.1. This License shall continue until terminated in accordance with the express terms
+herein.
+
+ 7.2. Recipient may choose to terminate this License automatically at any time.
+
+ 7.3. This License, including without limitation the rights granted hereunder to a
+particular Recipient, will terminate automatically if such Recipient is in material breach
+of any of the terms of this License and fails to cure such breach within sixty (60) days of
+becoming aware of the breach. Without limiting the foregoing, any material breach by
+such Recipient of any term of any other License under which such Recipient is granted
+any rights to the Licensed Work shall constitute a material breach of this License.
+
+ 7.4. Upon termination of this License by or with respect to a particular Recipient for any
+reason, all rights granted hereunder and under any other License to that Recipient shall
+terminate. However, all sublicenses to the Licensed Work which were previously
+properly granted by such Recipient under a copy of this License (in each case, an "Other
+License" and in plural, "Other Licenses") shall survive any such termination of this
+License, including without limitation the rights and obligations under such Other
+Licenses as set out in their respective Sections 2, 3, 4, 5, 6, 7 and 8, mutatis mutandis, for
+so long as the respective sublicensees (i.e. other Recipients) remain in compliance with
+the terms of the copy of this License under which such sublicensees received rights to the
+Licensed Work. Any termination of such Other Licenses shall be pursuant to their
+respective Section 7, mutatis mutandis. Provisions which, by their nature, must remain in
+effect beyond the termination of this License shall survive.
+
+ 7.5. Upon any termination of this License by or with respect to a particular Recipient,
+Sections 4.1, 4.2, 6.1, 6.2, 7.4, 7.5, 8.1, and 8.2, together with all provisions of this
+License necessary for the interpretation and enforcement of same, shall expressly survive
+such termination.
+
+8. LIMITATION OF LIABILITY.
+
+ 8.1. IN NO EVENT SHALL ANY OF INITIAL CONTRIBUTOR, ITS
+SUBSIDIARIES, OR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE
+OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS (AS THE CASE MAY
+BE), HAVE ANY LIABILITY FOR ANY DIRECT DAMAGES, INDIRECT
+DAMAGES, PUNITIVE DAMAGES, INCIDENTAL DAMAGES, SPECIAL
+DAMAGES, EXEMPLARY DAMAGES, CONSEQUENTIAL DAMAGES OR ANY
+OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS
+OF USE, DATA OR PROFITS, OR ANY OTHER LOSS ARISING OUT OF OR IN
+ANY WAY RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE,
+PERFORMANCE, OR NON-PERFORMANCE OF THE LICENSED WORK OR ANY
+PART THEREOF OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
+SERVICES, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS
+IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF
+PERFORMANCE), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
+WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
+NEGLIGENCE OR OTHERWISE) IN RELATION TO OR ARISING IN ANY WAY
+OUT OF THIS LICENSE OR THE USE OR DISTRIBUTION OF THE LICENSED
+WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF
+ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
+LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
+INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
+APPLICABLE LAW PROHIBITS SUCH LIMITATION. THIS CLAUSE
+CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
+LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
+LICENSE INCLUDING WITHOUT LIMITATION THE LIMITATIONS SET FORTH
+IN THIS SECTION 8.1.
+
+ 8.2. EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, EACH RECIPIENT
+SHALL NOT HAVE ANY LIABILITY FOR ANY EXEMPLARY, OR
+CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
+PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
+WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
+NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
+DISTRIBUTION OF THE LICENSED WORK OR THE EXERCISE OF ANY RIGHTS
+GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
+DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
+LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
+PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
+LIMITATION.
+
+9. GOVERNING LAW AND LEGAL ACTION.
+
+ 9.1. This License shall be governed by and construed in accordance with the laws of the
+Governing Jurisdiction assigned in Part 3 of Exhibit A, without regard to its conflict of
+law provisions. No party may bring a legal action under this License more than one year
+after the cause of the action arose. Each party waives its rights (if any) to a jury trial in
+any litigation arising under this License. Note that if the Governing Jurisdiction is not
+assigned in Part 3 of Exhibit A, then the Governing Jurisdiction shall be the State of New
+York.
+
+ 9.2. The courts of the Governing Jurisdiction shall have jurisdiction, but not exclusive
+jurisdiction, to entertain and determine all disputes and claims, whether for specific
+performance, injunction, damages or otherwise, both at law and in equity, arising out of
+or in any way relating to this License, including without limitation, the legality, validity,
+existence and enforceability of this License. Each party to this License hereby
+irrevocably attorns to and accepts the jurisdiction of the courts of the Governing
+Jurisdiction for such purposes.
+
+ 9.3. Except as expressly set forth elsewhere herein, in the event of any action or
+proceeding brought by any party against another under this License the prevailing party
+shall be entitled to recover all costs and expenses including the fees of its attorneys in
+such action or proceeding in such amount as the court may adjudge reasonable.
+
+10. MISCELLANEOUS.
+
+ 10.1. The obligations imposed by this License are for the benefit of the Initial
+Contributor and any Recipient, and each Recipient acknowledges and agrees that the
+Initial Contributor and/or any other Recipient may enforce the terms and conditions of
+this License against any Recipient.
+
+ 10.2. This License represents the complete agreement concerning subject matter hereof,
+and supersedes and cancels all previous oral and written communications,
+representations, agreements and understandings between the parties with respect to the
+subject matter hereof.
+
+ 10.3. The application of the United Nations Convention on Contracts for the
+International Sale of Goods is expressly excluded.
+
+ 10.4. The language in all parts of this License shall be in all cases construed simply
+according to its fair meaning, and not strictly for or against any of the parties hereto. Any
+law or regulation which provides that the language of a contract shall be construed
+against the drafter shall not apply to this License.
+
+ 10.5. If any provision of this License is invalid or unenforceable under the laws of the
+Governing Jurisdiction, it shall not affect the validity or enforceability of the remainder
+of the terms of this License, and without further action by the parties hereto, such
+provision shall be reformed to the minimum extent necessary to make such provision
+valid and enforceable.
+
+ 10.6. The paragraph headings of this License are for reference and convenience only and
+are not a part of this License, and they shall have no effect upon the construction or
+interpretation of any part hereof.
+
+ 10.7. Each of the terms "including", "include" and "includes", when used in this License,
+is not limiting whether or not non-limiting language (such as "without limitation" or "but
+not limited to" or words of similar import) is used with reference thereto.
+
+ 10.8. The parties hereto acknowledge they have expressly required that this License and
+notices relating thereto be drafted in the English language.
+
+//***THE LICENSE TERMS END HERE (OTHER THAN AS SET OUT IN EXHIBIT
+//A).***//
+
+EXHIBIT A (to the Adaptive Public License)
+
+ PART 1: INITIAL CONTRIBUTOR AND DESIGNATED WEB SITE The Initial
+Contributor is: MusicIP Corporation (www.musicip.com)
+
+Address of Initial Contributor:
+
+605 E. Huntington Dr., Suite 201
+Monrovia, California, 91016 USA
++1 (626) 359-9702
+
+ [Enter address above]
+
+ The Designated Web Site is: http://www.musicdns.org/
+
+NOTE: The Initial Contributor is to complete this Part 1, along with Parts 2, 3, and 5,
+and, if applicable, Parts 4 and 6.
+
+ PART 2: INITIAL WORK
+
+ The Initial Work comprises the computer program(s) distributed by the Initial
+Contributor having the following title(s): ___LIBOFA (Open Fingerprint Architecture
+Library 1.0)__.
+
+ The date on which the Initial Work was first available under this License: __March 11th,
+2006____
+
+ PART 3: GOVERNING JURISDICTION
+
+ For the purposes of this License, the Governing Jurisdiction is State of California, USA.
+
+
+
+ PART 4: THIRD PARTIES
+
+ For the purposes of this License, "Third Party" has the definition set forth below in the
+ONE paragraph selected by the Initial Contributor from paragraphs A, B, C, D and E
+when the Initial Work is distributed or otherwise made available by the Initial
+Contributor. To select one of the following paragraphs, the Initial Contributor must place
+an "X" or "x" in the selection box alongside the one respective paragraph selected.
+SELECTION BOX PARAGRAPH [ ] A. "THIRD PARTY" means any third party.
+
+ [X] B. "THIRD PARTY" means any third party except for any of the following: (a) a
+wholly owned subsidiary of the Subsequent Contributor in question; (b) a legal entity (the
+"PARENT") that wholly owns the Subsequent Contributor in question; or (c) a wholly
+owned subsidiary of the wholly owned subsidiary in (a) or of the Parent in (b).
+
+ [ ] C. "THIRD PARTY" means any third party except for any of the following: (a)
+any Person directly or indirectly owning a majority of the voting interest in the
+Subsequent Contributor or (b) any Person in which the Subsequent Contributor directly
+or indirectly owns a majority voting interest.
+
+ [ ] D. "THIRD PARTY" means any third party except for any Person directly or
+indirectly controlled by the Subsequent Contributor. For purposes of this definition,
+"control" shall mean the power to direct or cause the direction of, the management and
+policies of such Person whether through the ownership of voting interests, by contract, or
+otherwise.
+
+ [ ] E. "THIRD PARTY" means any third party except for any Person directly or
+indirectly controlling, controlled by, or under common control with the Subsequent
+Contributor. For purposes of this definition, "control" shall mean the power to direct or
+cause the direction of, the management and policies of such Person whether through the
+ownership of voting interests, by contract, or otherwise.
+
+ The default definition of "THIRD PARTY" is the definition set forth in paragraph A, if
+NONE OR MORE THAN ONE of paragraphs A, B, C, D or E in this Part 4 are selected
+by the Initial Contributor.
+
+ PART 5: NOTICE
+
+ THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THE ADAPTIVE
+PUBLIC LICENSE ("LICENSE") AS FIRST COMPLETED BY: MusicIP Corporation,
+Doing Business As MusicIP. ANY USE, PUBLIC DISPLAY, PUBLIC
+PERFORMANCE, REPRODUCTION OR DISTRIBUTION OF, OR PREPARATION
+OF DERIVATIVE WORKS BASED ON, THE LICENSED WORK CONSTITUTES
+RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND ITS TERMS, WHETHER OR
+NOT SUCH RECIPIENT READS THE TERMS OF THE LICENSE. "LICENSED
+WORK" AND "RECIPIENT" ARE DEFINED IN THE LICENSE. A COPY OF THE
+LICENSE IS LOCATED IN THE TEXT FILE ENTITLED "LICENSE.TXT"
+ACCOMPANYING THE CONTENTS OF THIS FILE. IF A COPY OF THE LICENSE
+DOES NOT ACCOMPANY THIS FILE, A COPY OF THE LICENSE MAY ALSO BE
+OBTAINED AT THE FOLLOWING WEB SITE: http://www.musicdns.org/
+
+ Software distributed under the License is distributed on an "AS IS" basis, WITHOUT
+WARRANTY OF ANY KIND, either express or implied. See the License for the specific
+language governing rights and limitations under the License.
+
+ PART 6: PATENT LICENSING TERMS
+
+ For the purposes of this License, paragraphs A, B, C, D and E of this Part 6 of Exhibit A
+are only incorporated and form part of the terms of the License if the Initial Contributor
+places an "X" or "x" in the selection box alongside the YES answer to the question
+immediately below.
+
+ Is this a Patents-Included License pursuant to Section 2.2 of the License?
+
+ YES [ ] NO [X]
+
+ By default, if YES is not selected by the Initial Contributor, the answer is NO.
+
+ A. For the purposes of the paragraphs in this Part 6 of Exhibit A, "LICENSABLE"
+means having the right to grant, to the maximum extent possible, whether at the time of
+the initial grant or subsequently acquired, any and all of the rights granted herein.
+
+ B. The Initial Contributor hereby grants all Recipients a world-wide, royalty-free, non-
+exclusive license, subject to third party intellectual property claims, under patent claim(s)
+Licensable by the Initial Contributor that are or would be infringed by the making, using,
+selling, offering for sale, having made, importing, exporting, transfer or disposal of such
+Initial Work or any portion thereof. Notwithstanding the foregoing, no patent license is
+granted under this Paragraph B by the Initial Contributor: (1) for any code that the Initial
+Contributor deletes from the Initial Work (or any portion thereof) distributed by the
+Initial Contributor prior to such distribution; (2) for any Modifications made to the Initial
+Work (or any portion thereof) by any other Person; or (3) separate from the Initial Work
+(or portions thereof) distributed or made available by the Initial Contributor.
+
+ C. Effective upon distribution by a Subsequent Contributor to a Third Party of any
+Modifications made by that Subsequent Contributor, such Subsequent Contributor hereby
+grants all Recipients a world-wide, royalty-free, non-exclusive license, subject to third
+party intellectual property claims, under patent claim(s) Licensable by such Subsequent
+Contributor that are or would be infringed by the making, using, selling, offering for sale,
+having made, importing, exporting, transfer or disposal of any such Modifications made
+by that Subsequent Contributor alone and/or in combination with its Subsequent Work
+(or portions of such combination) to make, use, sell, offer for sale, have made, import,
+export, transfer and otherwise dispose of:
+
+ (1) Modifications made by that Subsequent Contributor (or portions thereof); and
+
+ (2) the combination of Modifications made by that Subsequent Contributor with its
+Subsequent Work (or portions of such combination);
+
+ (collectively and in each case, the "SUBSEQUENT CONTRIBUTOR VERSION").
+
+ Notwithstanding the foregoing, no patent license is granted under this Paragraph C by
+such Subsequent Contributor: (1) for any code that such Subsequent Contributor deletes
+from the Subsequent Contributor Version (or any portion thereof) distributed by the
+Subsequent Contributor prior to such distribution; (2) for any Modifications made to the
+Subsequent Contributor Version (or any portion thereof) by any other Person; or (3)
+separate from the Subsequent Contributor Version (or portions thereof) distributed or
+made available by the Subsequent Contributor.
+
+ D. Effective upon distribution of any Licensed Work by a Distributor to a Third Party,
+such Distributor hereby grants all Recipients a world-wide, royalty-free, non-exclusive
+license, subject to third party intellectual property claims, under patent claim(s)
+Licensable by such Distributor that are or would be infringed by the making, using,
+selling, offering for sale, having made, importing, exporting, transfer or disposal of any
+such Licensed Work distributed by such Distributor, to make, use, sell, offer for sale,
+have made, import, export, transfer and otherwise dispose of such Licensed Work or
+portions thereof (collectively and in each case, the "DISTRIBUTOR VERSION").
+Notwithstanding the foregoing, no patent license is granted under this Paragraph D by
+such Distributor: (1) for any code that such Distributor deletes from the Distributor
+Version (or any portion thereof) distributed by the Distributor prior to such distribution;
+(2) for any Modifications made to the Distributor Version (or any portion thereof) by any
+other Person; or (3) separate from the Distributor Version (or portions thereof) distributed
+or made available by the Distributor.
+
+ E. If Recipient institutes patent litigation against another Recipient (a "USER") with
+respect to a patent applicable to a computer program or software (including a cross-claim
+or counterclaim in a lawsuit, and whether or not any of the patent claims are directed to a
+system, method, process, apparatus, device, product, article of manufacture or any other
+form of patent claim), then any patent or copyright license granted by that User to such
+Recipient under this License or any other copy of this License shall terminate. The
+termination shall be effective ninety (90) days after notice of termination from User to
+Recipient, unless the Recipient withdraws the patent litigation claim before the end of the
+ninety (90) day period. To be effective, any such notice of license termination must
+include a specific list of applicable patents and/or a copy of the copyrighted work of User
+that User alleges will be infringed by Recipient upon License termination. License
+termination is only effective with respect to patents and/or copyrights for which proper
+notice has been given.
+
+ PART 7: SAMPLE REQUIREMENTS FOR THE DESCRIPTION OF DISTRIBUTED
+MODIFICATIONS
+
+ Each Subsequent Contributor (including the Initial Contributor where the Initial
+Contributor qualifies as a Subsequent Contributor) is invited (but not required) to cause
+each Subsequent Work created or contributed to by that Subsequent Contributor to
+contain a file documenting the changes such Subsequent Contributor made to create that
+Subsequent Work and the date of any change.
+
+//***EXHIBIT A ENDS HERE.***//
+
+-- with the following supplement --
+
+Supplemental Text file for Open Fingerprint Architecture library (LIBOFA) distributed
+under Adaptive Public License 1.0
+
+Per Section 3.10, LIMITED RECOGNITION OF INITIAL CONTRIBUTOR
+
+(a) As a modest attribution to the Initial Contributor, in the hope that its promotional
+value may help justify the time, money and effort invested in writing the Initial Work, the
+Initial Contributor may include in Part 2 of the Supplement File a requirement that each
+time an executable program resulting from the Initial Work or any Subsequent Work, or a
+program dependent thereon, is launched or run, a prominent display of the Initial
+Contributor's attribution information must occur (the "ATTRIBUTION
+INFORMATION"). The Attribution Information must be included at the beginning of
+each Source Code file. For greater certainty, the Initial Contributor may specify in the
+Supplement File that the above attribution requirement only applies to an executable
+program resulting from the Initial Work or any Subsequent Work, but not a program
+dependent thereon. The intent is to provide for reasonably modest attribution, therefore
+the Initial Contributor may not require Recipients to display, at any time, more than the
+following Attribution Information: (a) a copyright notice including the name of the Initial
+Contributor; (b) a word or one phrase (not exceeding 10 words); (c) one digital image or
+graphic provided with the Initial Work; and (d) a URL (collectively, the
+"ATTRIBUTION LIMITS").
+
+The attribution requested by MusicIP for this source code is:
+(c) a digital imageconnected_by_musicip.gif or connected_by_musicip.png included
+with this source code, also available from
+http://www.musicip.com/connected_by_musicip.gif or
+http://www.musicip.com/connected_by_musicip.png
+
+(d) a URL. The image should be hyperlinked to http://www.musicip.com/
+
+MusicIP requests that the image be legibly presented against a contrasting (light)
+background color such as white or light grey.