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