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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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+ Initial Developer's PUBLIC LICENSE
+ Version 1.0
+
+ 1. Definitions
+
+ 1.0 "Commercial Use" means distribution or otherwise making the Covered
+ Code available to a third party.
+
+ 1.1 ''Contributor'' means each entity that creates or contributes to the
+ creation of Modifications.
+
+ 1.2 ''Contributor Version'' means the combination of the Original Code, prior
+ Modifications used by a Contributor, and the Modifications made by that
+ particular Contributor.
+
+ 1.3. ''Covered Code'' means the Original Code or Modifications or the
+ combination of the Original Code and Modifications, in each case including
+ portions thereof.
+
+ 1.4. ''Electronic Distribution Mechanism'' means a mechanism generally
+ accepted in the software development community for the electronic transfer of
+ data.
+
+ 1.5. ''Executable'' means Covered Code in any form other than Source Code.
+
+ 1.6. ''Initial Developer'' means the individual or entity identified as the Initial
+ Developer in the Source Code notice required by Exhibit A.
+
+ 1.7. ''Larger Work'' means a work which combines Covered Code or portions
+ thereof with code not governed by the terms of this License.
+
+ 1.8. ''License'' means this document.
+
+ 1.8.1. "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 conveyed herein.
+
+ 1.9. ''Modifications'' means any addition to or deletion from the substance or
+ structure of either the Original Code or any previous Modifications. When
+ Covered Code is released as a series of files, a Modification is:
+
+ Any addition to or deletion from the contents of a file containing Original
+ Code or previous Modifications.
+
+ Any new file that contains any part of the Original Code or previous
+ Modifications.
+
+ 1.10. ''Original Code'' means Source Code of computer software code which
+ is described in the Source Code notice required by Exhibit A as Original Code,
+ and which, at the time of its release under this License is not already Covered
+ Code governed by this License.
+
+ 1.10.1. "Patent Claims" means any patent claim(s), now owned or
+ hereafter acquired, including without limitation, method, process, and
+ apparatus claims, in any patent Licensable by grantor.
+
+ 1.11. ''Source Code'' means the preferred form of the Covered Code for
+ making modifications to it, including all modules it contains, plus any associated
+ interface definition files, scripts used to control compilation and installation of
+ an Executable, or source code differential comparisons against either the
+ Original Code or another well known, available Covered Code of the
+ Contributor's choice. The Source Code can be in a compressed or archival
+ form, provided the appropriate decompression or de-archiving software is
+ widely available for no charge.
+
+ 1.12. "You'' (or "Your") means an individual or a legal entity exercising rights
+ under, and complying with all of the terms of, this License or a future version
+ of this License issued under Section 6.1. For legal entities, "You'' includes any
+ entity w hich controls, is controlled by, or is under common control with You.
+ For purposes of this definition, "control'' means (a) the power, direct or
+ indirect, to cause the direction or management of such entity, whether by
+ contract or otherwise, or (b) ownership of more than fifty percent (50%) of
+ the outstanding shares or beneficial ownership of such entity.
+
+
+ 2. Source Code License.
+
+
+ 2.1. The Initial Developer Grant. The Initial Developer hereby grants You a
+ world-wide, royalty-free, non-exclusive license, subject to third party intellectual
+ property claims:
+
+ (a) under intellectual property rights (other than patent or trademark)
+ Licensable by Initial Developer to use, reproduce, modify, display, perform,
+ sublicense and distribute the Original Code (or portions thereof) with or without
+ Modifications, and/or as part of a Larger Work; and
+
+ (b) under Patents Claims infringed by the making, using or selling of Original
+ Code, to make, have made, use, practice, sell, and offer for sale, and/or
+ otherwise dispose of the Original Code (or portions thereof).
+ (c) the licenses granted in this Section 2.1(a) and (b) are effective on the date
+ Initial Developer first distributes Original Code under the terms of this License.
+
+ d) Notwithstanding Section 2.1(b) above, no patent license is granted:
+
+ 1) for code that You delete from the Original Code;
+
+ 2) separate from the Original Code; or
+
+ 3) for infringements caused by:
+
+ i) the modification of the Original Code or
+
+ ii) the combination of the Original Code with other software or
+ devices.
+
+ 2.2. Contributor Grant. Subject to third party intellectual property claims, each
+ Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
+
+ (a) under intellectual property rights (other than patent or trademark)
+ Licensable by Contributor, to use, reproduce, modify, display, perform,
+ sublicense and distribute the Modifications created by such Contributor (or
+ portions thereof) either on an unmodified basis, with other Modifications, as
+ Covered Code and/or as part of a Larger Work; and
+
+ (b) under Patent Claims infringed by the making, using, or selling of
+ Modifications made by that Contributor either alone and/or in combination with
+ its Contributor Version (or portions of such combination), to make, use, sell,
+ offer for sale, have made, and/or otherwise dispose of: 1) Modifications made
+ by that Contributor (or portions thereof); and 2) the combination of
+ Modifications made by that Contributor with its Contributor Version (or portions
+ of such combination).
+
+ (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date
+ Contributor first makes Commercial Use of the Covered Code.
+
+ (d) Notwithstanding Section 2.2(b) above, no patent license is granted:
+
+ 1) for any code that Contributor has deleted from the Contributor
+ Version;
+
+ 2) separate from the Contributor Version;
+
+ 3) for infringements caused by:
+
+ i) third party modifications of Contributor Version or
+
+ ii) the combination of Modifications made by that Contributor with
+ other software (except as part of the Contributor Version) or
+ other devices; or
+
+ 4) under Patent Claims infringed by Covered Code in the absence of
+ Modifications made by that Contributor.
+
+
+ 3. Distribution Obligations.
+
+
+ 3.1. Application of License. The Modifications which You create or to which
+ You contribute are governed by the terms of this License, including without
+ limitation Section 2.2. The Source Code version of Covered Code may be
+ distributed only under the terms of this License or a future version of this
+ License released under Section 6.1, and You must include a copy of this
+ License with every copy of the Source Code You distribute. You may not offer
+ or impose any terms on any Source Code version that alters or restricts the
+ applicable version of this License or the recipients' rights hereunder. However,
+ You may include an additional document offering the additional rights described
+ in Section 3.5.
+
+
+ 3.2. Availability of Source Code. Any Modification which You create or to
+ which You contribute must be made available in Source Code form under the
+ terms of this License either on the same media as an Executable version or via
+ an accepted Electronic Distribution Mechanism to anyone to whom you made
+ an Executable version available; and if made available via Electronic Distribution
+ Mechanism, must remain available for at least twelve (12) months after the
+ date it initially became available, or at least six (6) months after a subsequent
+ version of that particular Modification has been made available to such
+ recipients. You are responsible for ensuring that the Source Code version
+ remains available even if the Electronic Distribution Mechanism is maintained by
+ a third party.
+
+
+ 3.3. Description of Modifications. You must cause all Covered Code to
+ which You contribute to contain a file documenting the changes You made to
+ create that Covered Code and the date of any change. You must include a
+ prominent statement that the Modification is derived, directly or indirectly, from
+ Original Code provided by the Initial Developer and including the name of the
+ Initial Developer in
+
+ (a) the Source Code, and
+
+ (b) in any notice in an Executable version or related documentation in
+ which You describe the origin or ownership of the Covered Code.
+
+
+ 3.4. Intellectual Property Matters
+
+ a) Third Party Claims. If Contributor has knowledge that a license under
+ a third party's intellectual property rights is required to exercise the
+ rights granted by such Contributor under Sections 2.1 or 2.2,
+ Contributor must include a text file with the Source Code distribution
+ titled "LEGAL'' which describes the claim and the party making the claim
+ in sufficient detail that a recipient will know whom to contact. If
+ Contributor obtains such knowledge after the Modification is made
+ available as described in Section 3.2, Contributor shall promptly modify
+ the LEGAL file in all copies Contributor makes available thereafter and
+ shall take other steps (such as notifying appropriate mailing lists or
+ newsgroups) reasonably calculated to inform those who received the
+ Covered Code that new knowledge has been obtained.
+
+ (b) Contributor APIs. If Contributor's Modifications include an application
+ programming interface and Contributor has knowledge of patent
+ licenses which are reasonably necessary to implement that API,
+ Contributor must also include this information in the LEGAL file.
+
+
+ (c) Representations. Contributor represents that, except as disclosed
+ pursuant to Section 3.4(a) above, Contributor believes that Contributor's
+ Modifications are Contributor's original creation(s) and/or Contributor
+ has sufficient rights to grant the rights conveyed by this License.
+
+
+ 3.5. Required Notices. You must duplicate the notice in Exhibit A in each file
+ of the Source Code. If it is not possible to put such notice in a particular Source
+ Code file due to its structure, then You must include such notice in a location
+ (such as a relevant directory) where a user would be likely to look for such a
+ notice. If You created one or more Modification(s) You may add your name as
+ a Contributor to the notice described in Exhibit A. You must also duplicate this
+ License in any documentation for the Source Code where You describe
+ recipients' rights or ownership rights relating to Covered Code. You may
+ choose to offer, and to charge a fee for, warranty, support, indemnity or
+ liability obligations to one or more recipients of Covered Code. However, You
+ may do so only on Your own behalf, and not on behalf of the Initial Developer
+ or any Contributor. You must make it absolutely clear than any such warranty,
+ support, indemnity or liability obligation is offered by You alone, and You
+ hereby agree to indemnify the Initial Developer and every Contributor for any
+ liability incurred by the Initial Developer or such Contributor as a result of
+ warranty, support, indemnity or liability terms You offer.
+
+
+ 3.6. Distribution of Executable Versions. You may distribute Covered
+ Code in Executable form only if the requirements of Section 3.1-3.5 have been
+ met for that Covered Code, and if You include a notice stating that the Source
+ Code version of the Covered Code is available under the terms of this License,
+ including a description of how and where You have fulfilled the obligations of
+ Section 3.2. The notice must be conspicuously included in any notice in an
+ Executable version, related documentation or collateral in which You describe
+ recipients' rights relating to the Covered Code. You may distribute the
+ Executable version of Covered Code or ownership rights under a license of
+ Your choice, which may contain terms different from this License, provided
+ that You are in compliance with the terms of this License and hat the license
+ for the Executable version does not attempt to limit or alter the recipient's rights
+ in the Source Code version from the rights set forth in this License. If You
+ distribute the Executable version under a different license You must make it
+ absolutely clear that any terms which differ from this License are offered by
+ You alone, not by the Initial Developer or any Contributor. You hereby agree to
+ indemnify the Initial Developer and every Contributor for any liability incurred by
+ the Initial Developer or such Contributor as a result of any such terms You
+ offer.
+
+
+ 3.7. Larger Works. You may create a Larger Work by combining Covered
+ Code with other code not governed by the terms of this License and distribute
+ the Larger Work as a single product. In such a case, You must make sure the
+ requirements of this License are fulfilled for the Covered Code.
+
+
+ 4. Inability to Comply Due to Statute or Regulation.
+
+
+
+ If it is impossible for You to comply with any of the terms of this License with respect
+ to some or all of the Covered Code due to statute, judicial order, or regulation then You
+ must:
+
+ (a) comply with the terms of this License to the maximum extent possible; and
+
+ (b) describe the limitations and the code they affect. Such description must be
+ included in the LEGAL file described in Section 3.4 and must be included with
+ all distributions of the Source Code. Except to the extent prohibited by statute
+ or regulation, such description must be sufficiently detailed for a recipient of
+ ordinary skill to be able to understand it.
+
+
+ 5. Application of this License.
+
+
+
+ This License applies to code to which the Initial Developer has attached the notice in
+ Exhibit A and to related Covered Code.
+
+
+ 6. Versions of the License.
+
+
+ 6.1. New Versions. The Initial Developer of this code may publish revised
+ and/or new versions of the License from time to time. Each version will be
+ given a distinguishing version number.
+
+
+ 6.2. Effect of New Versions. Once Covered Code has been published under
+ a particular version of the License, You may always continue to use it under
+ the terms of that version. You may also choose to use such Covered Code
+ under the terms of any subsequent version of the License published by the
+ Initial Developer. No one other than the Initial Developer has the right to modify
+ the terms applicable to Covered Code created under this License.
+
+
+ 6.3. Derivative Works. If You create or use a modified version of this License
+ (which you may only do in order to apply it to code which is not already
+ Covered Code governed by this License), You must
+
+ (a) rename Your license so that the phrases ''Mozilla'', ''MOZILLAPL'',
+ ''MOZPL'', ''Netscape'', "MPL", ''NPL", or any confusingly similar phrases
+ do not appear in your license (except to note that your license differs
+ from this License) and
+
+ (b) otherwise make it clear that Your version of the license contains
+ terms which differ from the Mozilla Public License and Netscape Public
+ License. (Filling in the name of the Initial Developer, Original Code or
+ Contributor in the notice described in Exhibit A shall not of themselves
+ be deemed to be modifications of this License.)
+
+
+ 6.4 Origin of the Initial Developer's Public License. The Initial Developer's
+ Public License is based on the Mozilla Public License V 1.1 with the following
+ changes:
+
+ 1) The license is published by the Initial Developer of this code. Only the
+ Initial Developer can modify the terms applicable to Covered Code.
+
+ 2) The license can be modified and used for code which is not already
+ governed by this license. Modified versions of the license must be
+ renamed to avoid confusion with Netscape's license Initial Developer's's
+ license and must include a description of changes from the Initial
+ Developer's Public License.
+
+ 3) The name of the license in Exhibit A is the "Initial Developer's Public
+ License".
+
+ 4) The reference to an alternative license in Exhibit A has been removed
+
+ .
+ 5) Amendments I, II, III, V, and VI have been deleted.
+
+ 6) Exhibit A, Netscape Public License has been deleted
+
+
+ 7. DISCLAIMER OF WARRANTY.
+
+
+
+ COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT
+ WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
+ LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS,
+ MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE
+ ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS
+ WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
+ YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
+ COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
+ OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
+ ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
+ DISCLAIMER.
+
+
+ 8. TERMINATION.
+
+
+ 8.1. This License and the rights granted hereunder will terminate automatically
+ if You fail to comply with terms herein and fail to cure such breach within 30
+ days of becoming aware of the breach. All sublicenses to the Covered Code
+ which are properly granted shall survive any termination of this License.
+ Provisions which, by their nature, must remain in effect beyond the termination
+ of this License shall survive.
+
+ 8.2. If You initiate litigation by asserting a patent infringement claim (excluding
+ declatory judgment actions) against Initial Developer or a Contributor (the Initial
+ Developer or Contributor against whom You file such action is referred to as
+ "Participant") alleging that:
+
+ (a) such Participant's Contributor Version directly or indirectly infringes
+ any patent, then any and all rights granted by such Participant to You
+ under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice
+ from Participant terminate prospectively, unless if within 60 days after
+ receipt of notice You either:
+
+ (i) agree in writing to pay Participant a mutually agreeable
+ reasonable royalty for Your past and future use of Modifications
+ made by such Participant, or
+
+ (ii) withdraw Your litigation claim with respect to the Contributor
+ Version against such Participant.
+
+
+ If within 60 days of notice, a reasonable royalty and payment
+ arrangement are not mutually agreed upon in writing by the parties or
+ the litigation claim is not withdrawn, the rights granted by Participant to
+ You under Sections 2.1 and/or 2.2 automatically terminate at the
+ expiration of the 60 day notice period specified above.
+
+ (b) any software, hardware, or device, other than such Participant's
+ Contributor Version, directly or indirectly infringes any patent, then any
+ rights granted to You by such Participant under Sections 2.1(b) and
+ 2.2(b) are revoked effective as of the date You first made, used, sold,
+ distributed, or had made, Modifications made by that Participant.
+
+ 8.3. If You assert a patent infringement claim against Participant alleging that
+ such Participant's Contributor Version directly or indirectly infringes any patent
+ where such claim is resolved (such as by license or settlement) prior to the
+ initiation of patent infringement litigation, then the reasonable value of the
+ licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken
+ into account in determining the amount or value of any payment or license.
+
+ 8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user
+ license agreements (excluding distributors and resellers) which have been
+ validly granted by You or any distributor hereunder prior to termination shall
+ survive termination.
+
+
+ 9. LIMITATION OF LIABILITY.
+
+
+ UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
+ (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
+ DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
+ CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON
+ FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
+ CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
+ GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
+ AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY
+ SHALL HAVE BEEN INFORMED 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. SOME JURISDICTIONS DO NOT
+ ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
+ DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
+
+
+ 10. U.S. GOVERNMENT END USERS.
+
+
+ The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R. 2.101
+ (Oct. 1995), consisting of ''commercial computer software'' and ''commercial computer
+ software documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
+ Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June
+ 1995), all U.S. Government End Users acquire Covered Code with only those rights
+ set forth herein.
+
+
+ 11. MISCELLANEOUS.
+
+
+ This License represents the complete agreement concerning subject matter hereof. If
+ any provision of this License is held to be unenforceable, such provision shall be
+ reformed only to the extent necessary to make it enforceable. This License shall be
+ governed by California law provisions (except to the extent applicable law, if any,
+ provides otherwise), excluding its conflict-of-law provisions. With respect to disputes
+ in which at least one party is a citizen of, or an entity chartered or registered to do
+ business in the United States of America, any litigation relating to this License shall be
+ subject to the jurisdiction of the Federal Courts of the Northern District of California,
+ with venue lying in Santa Clara County, California, with the losing party responsible for
+ costs, including without limitation, court costs and reasonable attorneys' fees and
+ expenses. The application of the United Nations Convention on Contracts for the
+ International Sale of Goods is expressly excluded. Any law or regulation which
+ provides that the language of a contract shall be construed against the drafter shall
+ not apply to this License.
+
+
+ 12. RESPONSIBILITY FOR CLAIMS.
+
+
+ As between Initial Developer and the Contributors, each party is responsible for claims
+ and damages arising, directly or indirectly, out of its utilization of rights under this
+ License and You agree to work with Initial Developer and Contributors to distribute
+ such responsibility on an equitable basis. Nothing herein is intended or shall be
+ deemed to constitute any admission of liability.
+
+
+ 13. MULTIPLE-LICENSED CODE.
+
+
+ Initial Developer may designate portions of the Covered Code as "Multiple-Licensed".
+ "Multiple-Licensed" means that the Initial Devpoeloper permits you to utilize portions of
+ the Covered Code under Your choice of the IDPL or the alternative licenses, if any,
+ specified by the Initial Developer in the file described in Exhibit A.
+
+ EXHIBIT A -Initial Developer's Public License.
+
+ The contents of this file are subject to the Initial Developer's Public License Version 1.0
+ (the "License"); you may not use this file except in compliance with the License. You
+ may obtain a copy of the License at http://www.ibphoenix.com/idpl.html 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.
+
+ The Original Code is ______________________________________.
+
+ The Initial Developer of the Original Code is ________________________.
+
+ Portions created by ______________________ are Copyright (C) ______
+ _______________________.
+
+ All Rights Reserved.
+
+ Contributor(s): ______________________________________.