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diff --git a/licenses/BitTorrent b/licenses/BitTorrent new file mode 100644 index 000000000..2fab30973 --- /dev/null +++ b/licenses/BitTorrent @@ -0,0 +1,331 @@ +BitTorrent Open Source License + +Version 1.0 + +This BitTorrent Open Source License (the "License") applies to the BitTorrent client and related software products as +well as any updates or maintenance releases of that software ("BitTorrent Products") that are distributed by +BitTorrent, Inc. ("Licensor"). Any BitTorrent Product licensed pursuant to this License is a Licensed Product. +Licensed Product, in its entirety, is protected by U.S. copyright law. This License identifies the terms under which +you may use, copy, distribute or modify Licensed Product. + +Preamble + +This Preamble is intended to describe, in plain English, the nature and scope of this License. However, this +Preamble is not a part of this license. The legal effect of this License is dependent only upon the terms of the +License and not this Preamble. + +This License complies with the Open Source Definition and is derived from the Jabber Open Source License 1.0 (the +"JOSL"), which has been approved by Open Source Initiative. Sections 4(c) and 4(f)(iii) from the JOSL have been +dropped. + +This License provides that: + +1. You may use, sell or give away the Licensed Product, alone or as a component of an aggregate software +distribution containing programs from several different sources. No royalty or other fee is required. + +2. Both Source Code and executable versions of the Licensed Product, including Modifications made by previous +Contributors, are available for your use. (The terms "Licensed Product," "Modifications," "Contributors" and "Source +Code" are defined in the License.) + +3. You are allowed to make Modifications to the Licensed Product, and you can create Derivative Works from it. +(The term "Derivative Works" is defined in the License.) + +4. By accepting the Licensed Product under the provisions of this License, you agree that any Modifications you +make to the Licensed Product and then distribute are governed by the provisions of this License. In particular, you +must make the Source Code of your Modifications available to others. + +5. You may use the Licensed Product for any purpose, but the Licensor is not providing you any warranty +whatsoever, nor is the Licensor accepting any liability in the event that the Licensed Product doesn't work properly +or causes you any injury or damages. + +6. If you sublicense the Licensed Product or Derivative Works, you may charge fees for warranty or support, or +for accepting indemnity or liability obligations to your customers. You cannot charge for the Source Code. + +7. If you assert any patent claims against the Licensor relating to the Licensed Product, or if you breach any +terms of the License, your rights to the Licensed Product under this License automatically terminate. + +You may use this License to distribute your own Derivative Works, in which case the provisions of this License will +apply to your Derivative Works just as they do to the original Licensed Product. + +Alternatively, you may distribute your Derivative Works under any other OSI-approved Open Source license, or under a +proprietary license of your choice. If you use any license other than this License, however, you must continue to +fulfill the requirements of this License (including the provisions relating to publishing the Source Code) for those +portions of your Derivative Works that consist of the Licensed Product, including the files containing Modifications. + +New versions of this License may be published from time to time. You may choose to continue to use the license +terms in this version of the License or those from the new version. However, only the Licensor has the right to +change the License terms as they apply to the Licensed Product. + +This License relies on precise definitions for certain terms. Those terms are defined when they are first used, and +the definitions are repeated for your convenience in a Glossary at the end of the License. + + +License Terms + +1. Grant of License From Licensor. Licensor hereby grants you a world-wide, royalty-free, non-exclusive +license, subject to third party intellectual property claims, to do the following: + +a. Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by such +Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as +part of Derivative Works. + +b. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for +sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any +such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of +Modifications or portions thereof or Derivative Works thereof. + + +2. Grant of License to Modifications From Contributor. "Modifications" means any additions to or deletions from the +substance or structure of (i) a file containing Licensed Product, or (ii) any new file that contains any part of +Licensed Product. Hereinafter in this License, the term "Licensed Product" shall include all previous Modifications +that you receive from any Contributor. By application of the provisions in Section 4(a) below, each person or entity +who created or contributed to the creation of, and distributed, a Modification (a "Contributor") hereby grants you a +world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to do the +following: + + 1. Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by such +Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as +part of Derivative Works. + + 2. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for +sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any +such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of +Modifications or portions thereof or Derivative Works thereof. + + +3. Exclusions From License Grant. Nothing in this License shall be deemed to grant any rights to trademarks, +copyrights, patents, trade secrets or any other intellectual property of Licensor or any Contributor except as +expressly stated herein. No patent license is granted separate from the Licensed Product, for code that you delete +from the Licensed Product, or for combinations of the Licensed Product with other software or hardware. No right is +granted to the trademarks of Licensor or any Contributor even if such marks are included in the Licensed Product. +Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this +License any code that Licensor otherwise would have a right to license. + + +4. Your Obligations Regarding Distribution. + +a. Application of This License to Your Modifications. As an express condition for your use of the Licensed +Product, you hereby agree that any Modifications that you create or to which you contribute, and which you +distribute, are governed by the terms of this License including, without limitation, Section 2. Any Modifications +that you create or to which you contribute may be distributed only under the terms of this License or a future +version of this License released under Section 7. You must include a copy of this License with every copy of the +Modifications you distribute. You agree not to offer or impose any terms on any Source Code or executable version of +the Licensed Product or Modifications that alter or restrict the applicable version of this License or the +recipients' rights hereunder. However, you may include an additional document offering the additional rights +described in Section 4(d). + +b. Availability of Source Code. You must make available, under the terms of this License, the Source Code of +the Licensed Product and any Modifications that you distribute, either on the same media as you distribute any +executable or other form of the Licensed Product, or via a mechanism generally accepted in the software development +community for the electronic transfer of data (an "Electronic Distribution Mechanism"). The Source Code for any +version of Licensed Product or Modifications that you distribute must remain available for at least twelve (12) +months after the date it initially became available, or at least six (6) months after a subsequent version of said +Licensed Product or Modifications has been made available. You are responsible for ensuring that the Source Code +version remains available even if the Electronic Distribution Mechanism is maintained by a third party. + +c. Intellectual Property Matters. + + i. Third Party Claims. If you have knowledge that a license to a third +party's intellectual property right is required to exercise the rights granted by this License, you must include a +text file with the Source Code distribution titled "LEGAL" that describes the claim and the party making the claim in +sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after you make any +Modifications available as described in Section 4(b), you shall promptly modify the LEGAL file in all copies you make +available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) +reasonably calculated to inform those who received the Licensed Product from you that new knowledge has been +obtained. + + ii. Contributor APIs. If your Modifications include an application +programming interface ("API") and you have knowledge of patent licenses that are reasonably necessary to implement +that API, you must also include this information in the LEGAL file. + + iii. Representations. You represent that, except as disclosed pursuant to +4(c)(i) above, you believe that any Modifications you distribute are your original creations and that you have +sufficient rights to grant the rights conveyed by this License. + +d. Required Notices. You must duplicate this License in any documentation you provide along with the Source +Code of any Modifications you create or to which you contribute, and which you distribute, wherever you describe +recipients' rights relating to Licensed Product. You must duplicate the notice contained in Exhibit A (the "Notice") +in each file of the Source Code of any copy you distribute of the Licensed Product. If you created a Modification, +you may add your name as a Contributor to the Notice. If it is not possible to put the Notice in a particular Source +Code file due to its structure, then you must include such Notice in a location (such as a relevant directory file) +where a user would be likely to look for such a notice. You may choose to offer, and charge a fee for, warranty, +support, indemnity or liability obligations to one or more recipients of Licensed Product. However, you may do so +only on your own behalf, and not on behalf of the Licensor or any Contributor. You must make it clear that any such +warranty, support, indemnity or liability obligation is offered by you alone, and you hereby agree to indemnify the +Licensor and every Contributor for any liability incurred by the Licensor or such Contributor as a result of +warranty, support, indemnity or liability terms you offer. + +e. Distribution of Executable Versions. You may distribute Licensed Product as an executable program under a +license of your choice that may contain terms different from this License provided (i) you have satisfied the +requirements of Sections 4(a) through 4(d) for that distribution, (ii) you include a conspicuous notice in the +executable version, related documentation and collateral materials stating that the Source Code version of the +Licensed Product is available under the terms of this License, including a description of how and where you have +fulfilled the obligations of Section 4(b), and (iii) you make it clear that any terms that differ from this License +are offered by you alone, not by Licensor or any Contributor. You hereby agree to indemnify the Licensor and every +Contributor for any liability incurred by Licensor or such Contributor as a result of any terms you offer. + +f. Distribution of Derivative Works. You may create Derivative Works (e.g., combinations of some or all of the +Licensed Product with other code) and distribute the Derivative Works as products under any other license you select, +with the proviso that the requirements of this License are fulfilled for those portions of the Derivative Works that +consist of the Licensed Product or any Modifications thereto. + + +5. Inability to Comply Due to Statute or Regulation. If it is impossible for you to comply with any of the +terms of this License with respect to some or all of the Licensed Product due to statute, judicial order, or +regulation, then you must (i) comply with the terms of this License to the maximum extent possible, (ii) cite the +statute or regulation that prohibits you from adhering to the License, and (iii) describe the limitations and the +code they affect. Such description must be included in the LEGAL file described in Section 4(d), and must be included +with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such +description must be sufficiently detailed for a recipient of ordinary skill at computer programming to be able to +understand it. + + +6. Application of This License. This License applies to code to which Licensor or Contributor has attached the +Notice in Exhibit A, which is incorporated herein by this reference. + + +7. Versions of This License. + +a. New Versions. Licensor may publish from time to time revised and/or new versions of the License. + +b. Effect of New Versions. Once Licensed Product has been published under a particular version of the License, +you may always continue to use it under the terms of that version. You may also choose to use such Licensed Product +under the terms of any subsequent version of the License published by Licensor. No one other than Licensor has the +right to modify the terms applicable to Licensed Product created under this License. + +c. Derivative Works of this License. If you create or use a modified version of this License, which you may do +only in order to apply it to software that is not already a Licensed Product under this License, you must rename your +license so that it is not confusingly similar to this License, and must make it clear that your license contains +terms that differ from this License. In so naming your license, you may not use any trademark of Licensor or any +Contributor. + + +8. Disclaimer of Warranty. LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY +OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED PRODUCT IS FREE +OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND +PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU (AND +NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS +DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED PRODUCT IS AUTHORIZED +HEREUNDER EXCEPT UNDER THIS DISCLAIMER. + + +9. Termination. + +a. Automatic Termination Upon Breach. This license and the rights granted hereunder will terminate +automatically if you fail to comply with the terms herein and fail to cure such breach within thirty (30) days of +becoming aware of the breach. All sublicenses to the Licensed Product that are properly granted shall survive any +termination of this license. Provisions that, by their nature, must remain in effect beyond the termination of this +License, shall survive. + +b. Termination Upon Assertion of Patent Infringement. If you initiate litigation by asserting a patent +infringement claim (excluding declaratory judgment actions) against Licensor or a Contributor (Licensor or +Contributor against whom you file such an action is referred to herein as Respondent) alleging that Licensed Product +directly or indirectly infringes any patent, then any and all rights granted by such Respondent to you under Sections +1 or 2 of this License shall terminate prospectively upon sixty (60) days notice from Respondent (the "Notice +Period") unless within that Notice Period you either agree in writing (i) to pay Respondent a mutually agreeable +reasonably royalty for your past or future use of Licensed Product made by such Respondent, or (ii) withdraw your +litigation claim with respect to Licensed Product against such Respondent. If within said Notice Period a reasonable +royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not +withdrawn, the rights granted by Licensor to you under Sections 1 and 2 automatically terminate at the expiration of +said Notice Period. + +c. Reasonable Value of This License. If you assert a patent infringement claim against Respondent alleging +that Licensed Product directly or indirectly infringes any patent where such claim is resolved (such as by license or +settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses +granted by said Respondent under Sections 1 and 2 shall be taken into account in determining the amount or value of +any payment or license. + +d. No Retroactive Effect of Termination. In the event of termination under Sections 9(a) or 9(b) above, all +end user license agreements (excluding licenses to distributors and resellers) that have been validly granted by you +or any distributor hereunder prior to termination shall survive termination. + + +10. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), +CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER +OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF +ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR +MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE +POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY +RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO +NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY +NOT APPLY TO YOU. + + +11. Responsibility for Claims. As between Licensor and Contributors, each party is responsible for claims and +damages arising, directly or indirectly, out of its utilization of rights under this License. You agree to work with +Licensor and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or +shall be deemed to constitute any admission of liability. + + +12. U.S. Government End Users. The Licensed Product is a commercial item, as that term is defined in 48 C.F.R. +2.101 (Oct. 1995), consisting of commercial computer software and commercial computer software documentation, as such +terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through +227.7202-4 (June 1995), all U.S. Government End Users acquire Licensed Product with only those rights set forth +herein. + + +13. Miscellaneous. This License represents the complete agreement concerning the subject matter hereof. If any +provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary +to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable +law, if any, provides otherwise), excluding its conflict-of-law provisions. You expressly agree that any litigation +relating to this license shall be subject to the jurisdiction of the Federal Courts of the Northern District of +California or the Superior Court of the County of Santa Clara, California (as appropriate), with venue lying in Santa +Clara County, California, with the losing party responsible for costs including, without limitation, court costs and +reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the +International Sale of Goods is expressly excluded. You and Licensor expressly waive any rights to a jury trial in +any litigation concerning Licensed Product or this License. Any law or regulation that provides that the language of +a contract shall be construed against the drafter shall not apply to this License. + + +14. Definition of You in This License. You throughout this License, whether in upper or lower case, means an +individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a +future version of this License issued under Section 7. For legal entities, you includes any entity that controls, is +controlled by, or is under common control with you. For purposes of this definition, control means (i) the power, +direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) +ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. + + +15. Glossary. All defined terms in this License that are used in more than one Section of this License are repeated +here, in alphabetical order, for the convenience of the reader. The Section of this License in which each defined +term is first used is shown in parentheses. + +Contributor: Each person or entity who created or contributed to the creation of, and distributed, a Modification. +(See Section 2) + +Derivative Works: That term as used in this License is defined under U.S. copyright law. (See Section 1(b)) + +License: This BitTorrent Open Source License. (See first paragraph of License) + +Licensed Product: Any BitTorrent Product licensed pursuant to this License. The term "Licensed Product" includes +all previous Modifications from any Contributor that you receive. (See first paragraph of License and Section 2) + +Licensor: BitTorrent, Inc. (See first paragraph of License) + +Modifications: Any additions to or deletions from the substance or structure of (i) a file containing Licensed +Product, or (ii) any new file that contains any part of Licensed Product. (See Section 2) + +Notice: The notice contained in Exhibit A. (See Section 4(e)) + +Source Code: The preferred form for making modifications to the Licensed Product, including all modules contained +therein, plus any associated interface definition files, scripts used to control compilation and installation of an +executable program, or a list of differential comparisons against the Source Code of the Licensed Product. (See +Section 1(a)) + +You: This term is defined in Section 14 of this License. + + +EXHIBIT A + +The Notice below must appear in each file of the Source Code of any copy you distribute of the Licensed Product or +any hereto. Contributors to any Modifications may add their own copyright notices to identify their own +contributions. + +License: + +The contents of this file are subject to the BitTorrent Open Source License Version 1.0 (the License). You may not +copy or use this file, in either source code or executable form, except in compliance with the License. You may +obtain a copy of the License at http://www.bittorrent.com/license/. + +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. + |