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diff --git a/licenses/APL-1.0 b/licenses/APL-1.0 deleted file mode 100644 index c78affbd8..000000000 --- a/licenses/APL-1.0 +++ /dev/null @@ -1,828 +0,0 @@ -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. |