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authorA. Wilcox <AWilcox@Wilcox-Tech.com>2017-06-11 08:41:26 +0000
committerA. Wilcox <AWilcox@Wilcox-Tech.com>2017-06-11 08:41:26 +0000
commit2f6caac6019e3182486965f7f09baed7e93e1be9 (patch)
tree2d5d4350a1bbf9bafdb5f0a5260714a6190c668d /licenses/APL-1.0
parenta37f6bfc3fde25205ebac44b82f1586b924c61da (diff)
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The New Plan
ebuild branch has old ebuilds. profiles dir still has CFLAGS. Everything else is removed or modified for changing of upstream to Alpine.
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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.