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diff --git a/licenses/IDPL b/licenses/IDPL new file mode 100644 index 000000000..1bd557871 --- /dev/null +++ b/licenses/IDPL @@ -0,0 +1,496 @@ + Initial Developer's PUBLIC LICENSE + Version 1.0 + + 1. Definitions + + 1.0 "Commercial Use" means distribution or otherwise making the Covered + Code available to a third party. + + 1.1 ''Contributor'' means each entity that creates or contributes to the + creation of Modifications. + + 1.2 ''Contributor Version'' means the combination of the Original Code, prior + Modifications used by a Contributor, and the Modifications made by that + particular Contributor. + + 1.3. ''Covered Code'' means the Original Code or Modifications or the + combination of the Original Code and Modifications, in each case including + portions thereof. + + 1.4. ''Electronic Distribution Mechanism'' means a mechanism generally + accepted in the software development community for the electronic transfer of + data. + + 1.5. ''Executable'' means Covered Code in any form other than Source Code. + + 1.6. ''Initial Developer'' means the individual or entity identified as the Initial + Developer in the Source Code notice required by Exhibit A. + + 1.7. ''Larger Work'' means a work which combines Covered Code or portions + thereof with code not governed by the terms of this License. + + 1.8. ''License'' means this document. + + 1.8.1. "Licensable" means having the right to grant, to the maximum + extent possible, whether at the time of the initial grant or subsequently + acquired, any and all of the rights conveyed herein. + + 1.9. ''Modifications'' means any addition to or deletion from the substance or + structure of either the Original Code or any previous Modifications. When + Covered Code is released as a series of files, a Modification is: + + Any addition to or deletion from the contents of a file containing Original + Code or previous Modifications. + + Any new file that contains any part of the Original Code or previous + Modifications. + + 1.10. ''Original Code'' means Source Code of computer software code which + is described in the Source Code notice required by Exhibit A as Original Code, + and which, at the time of its release under this License is not already Covered + Code governed by this License. + + 1.10.1. "Patent Claims" means any patent claim(s), now owned or + hereafter acquired, including without limitation, method, process, and + apparatus claims, in any patent Licensable by grantor. + + 1.11. ''Source Code'' means the preferred form of the Covered Code for + making modifications to it, including all modules it contains, plus any associated + interface definition files, scripts used to control compilation and installation of + an Executable, or source code differential comparisons against either the + Original Code or another well known, available Covered Code of the + Contributor's choice. The Source Code can be in a compressed or archival + form, provided the appropriate decompression or de-archiving software is + widely available for no charge. + + 1.12. "You'' (or "Your") means an individual or a legal entity exercising rights + under, and complying with all of the terms of, this License or a future version + of this License issued under Section 6.1. For legal entities, "You'' includes any + entity w hich controls, is controlled by, or is under common control with You. + For purposes of this definition, "control'' means (a) the power, direct or + indirect, to cause the direction or management of such entity, whether by + contract or otherwise, or (b) ownership of more than fifty percent (50%) of + the outstanding shares or beneficial ownership of such entity. + + + 2. Source Code License. + + + 2.1. The Initial Developer Grant. The Initial Developer hereby grants You a + world-wide, royalty-free, non-exclusive license, subject to third party intellectual + property claims: + + (a) under intellectual property rights (other than patent or trademark) + Licensable by Initial Developer to use, reproduce, modify, display, perform, + sublicense and distribute the Original Code (or portions thereof) with or without + Modifications, and/or as part of a Larger Work; and + + (b) under Patents Claims infringed by the making, using or selling of Original + Code, to make, have made, use, practice, sell, and offer for sale, and/or + otherwise dispose of the Original Code (or portions thereof). + (c) the licenses granted in this Section 2.1(a) and (b) are effective on the date + Initial Developer first distributes Original Code under the terms of this License. + + d) Notwithstanding Section 2.1(b) above, no patent license is granted: + + 1) for code that You delete from the Original Code; + + 2) separate from the Original Code; or + + 3) for infringements caused by: + + i) the modification of the Original Code or + + ii) the combination of the Original Code with other software or + devices. + + 2.2. Contributor Grant. Subject to third party intellectual property claims, each + Contributor hereby grants You a world-wide, royalty-free, non-exclusive license + + (a) under intellectual property rights (other than patent or trademark) + Licensable by Contributor, to use, reproduce, modify, display, perform, + sublicense and distribute the Modifications created by such Contributor (or + portions thereof) either on an unmodified basis, with other Modifications, as + Covered Code and/or as part of a Larger Work; and + + (b) under Patent Claims infringed by the making, using, or selling of + Modifications made by that Contributor either alone and/or in combination with + its Contributor Version (or portions of such combination), to make, use, sell, + offer for sale, have made, and/or otherwise dispose of: 1) Modifications made + by that Contributor (or portions thereof); and 2) the combination of + Modifications made by that Contributor with its Contributor Version (or portions + of such combination). + + (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date + Contributor first makes Commercial Use of the Covered Code. + + (d) Notwithstanding Section 2.2(b) above, no patent license is granted: + + 1) for any code that Contributor has deleted from the Contributor + Version; + + 2) separate from the Contributor Version; + + 3) for infringements caused by: + + i) third party modifications of Contributor Version or + + ii) the combination of Modifications made by that Contributor with + other software (except as part of the Contributor Version) or + other devices; or + + 4) under Patent Claims infringed by Covered Code in the absence of + Modifications made by that Contributor. + + + 3. Distribution Obligations. + + + 3.1. Application of License. The Modifications which You create or to which + You contribute are governed by the terms of this License, including without + limitation Section 2.2. The Source Code version of Covered Code may be + distributed only under the terms of this License or a future version of this + License released under Section 6.1, and You must include a copy of this + License with every copy of the Source Code You distribute. You may not offer + or impose any terms on any Source Code version that alters or restricts the + applicable version of this License or the recipients' rights hereunder. However, + You may include an additional document offering the additional rights described + in Section 3.5. + + + 3.2. Availability of Source Code. Any Modification which You create or to + which You contribute must be made available in Source Code form under the + terms of this License either on the same media as an Executable version or via + an accepted Electronic Distribution Mechanism to anyone to whom you made + an Executable version available; and if made available via Electronic Distribution + Mechanism, must remain available for at least twelve (12) months after the + date it initially became available, or at least six (6) months after a subsequent + version of that particular Modification has been made available to such + recipients. You are responsible for ensuring that the Source Code version + remains available even if the Electronic Distribution Mechanism is maintained by + a third party. + + + 3.3. Description of Modifications. You must cause all Covered Code to + which You contribute to contain a file documenting the changes You made to + create that Covered Code and the date of any change. You must include a + prominent statement that the Modification is derived, directly or indirectly, from + Original Code provided by the Initial Developer and including the name of the + Initial Developer in + + (a) the Source Code, and + + (b) in any notice in an Executable version or related documentation in + which You describe the origin or ownership of the Covered Code. + + + 3.4. Intellectual Property Matters + + a) Third Party Claims. If Contributor has knowledge that a license under + a third party's intellectual property rights is required to exercise the + rights granted by such Contributor under Sections 2.1 or 2.2, + Contributor must include a text file with the Source Code distribution + titled "LEGAL'' which describes the claim and the party making the claim + in sufficient detail that a recipient will know whom to contact. If + Contributor obtains such knowledge after the Modification is made + available as described in Section 3.2, Contributor shall promptly modify + the LEGAL file in all copies Contributor makes available thereafter and + shall take other steps (such as notifying appropriate mailing lists or + newsgroups) reasonably calculated to inform those who received the + Covered Code that new knowledge has been obtained. + + (b) Contributor APIs. If Contributor's Modifications include an application + programming interface and Contributor has knowledge of patent + licenses which are reasonably necessary to implement that API, + Contributor must also include this information in the LEGAL file. + + + (c) Representations. Contributor represents that, except as disclosed + pursuant to Section 3.4(a) above, Contributor believes that Contributor's + Modifications are Contributor's original creation(s) and/or Contributor + has sufficient rights to grant the rights conveyed by this License. + + + 3.5. Required Notices. You must duplicate the notice in Exhibit A in each file + of the Source Code. If it is not possible to put such notice in a particular Source + Code file due to its structure, then You must include such notice in a location + (such as a relevant directory) where a user would be likely to look for such a + notice. If You created one or more Modification(s) You may add your name as + a Contributor to the notice described in Exhibit A. You must also duplicate this + License in any documentation for the Source Code where You describe + recipients' rights or ownership rights relating to Covered Code. You may + choose to offer, and to charge a fee for, warranty, support, indemnity or + liability obligations to one or more recipients of Covered Code. However, You + may do so only on Your own behalf, and not on behalf of the Initial Developer + or any Contributor. You must make it absolutely clear than any such warranty, + support, indemnity or liability obligation is offered by You alone, and You + hereby agree to indemnify the Initial Developer and every Contributor for any + liability incurred by the Initial Developer or such Contributor as a result of + warranty, support, indemnity or liability terms You offer. + + + 3.6. Distribution of Executable Versions. You may distribute Covered + Code in Executable form only if the requirements of Section 3.1-3.5 have been + met for that Covered Code, and if You include a notice stating that the Source + Code version of the Covered Code is available under the terms of this License, + including a description of how and where You have fulfilled the obligations of + Section 3.2. The notice must be conspicuously included in any notice in an + Executable version, related documentation or collateral in which You describe + recipients' rights relating to the Covered Code. You may distribute the + Executable version of Covered Code or ownership rights under a license of + Your choice, which may contain terms different from this License, provided + that You are in compliance with the terms of this License and hat the license + for the Executable version does not attempt to limit or alter the recipient's rights + in the Source Code version from the rights set forth in this License. If You + distribute the Executable version under a different license You must make it + absolutely clear that any terms which differ from this License are offered by + You alone, not by the Initial Developer or any Contributor. You hereby agree to + indemnify the Initial Developer and every Contributor for any liability incurred by + the Initial Developer or such Contributor as a result of any such terms You + offer. + + + 3.7. Larger Works. You may create a Larger Work by combining Covered + Code with other code not governed by the terms of this License and distribute + the Larger Work as a single product. In such a case, You must make sure the + requirements of this License are fulfilled for the Covered Code. + + + 4. Inability to Comply Due to Statute or Regulation. + + + + If it is impossible for You to comply with any of the terms of this License with respect + to some or all of the Covered Code due to statute, judicial order, or regulation then You + must: + + (a) comply with the terms of this License to the maximum extent possible; and + + (b) describe the limitations and the code they affect. Such description must be + included in the LEGAL file described in Section 3.4 and must be included with + all distributions of the Source Code. Except to the extent prohibited by statute + or regulation, such description must be sufficiently detailed for a recipient of + ordinary skill to be able to understand it. + + + 5. Application of this License. + + + + This License applies to code to which the Initial Developer has attached the notice in + Exhibit A and to related Covered Code. + + + 6. Versions of the License. + + + 6.1. New Versions. The Initial Developer of this code may publish revised + and/or new versions of the License from time to time. Each version will be + given a distinguishing version number. + + + 6.2. Effect of New Versions. Once Covered Code has been published under + a particular version of the License, You may always continue to use it under + the terms of that version. You may also choose to use such Covered Code + under the terms of any subsequent version of the License published by the + Initial Developer. No one other than the Initial Developer has the right to modify + the terms applicable to Covered Code created under this License. + + + 6.3. Derivative Works. If You create or use a modified version of this License + (which you may only do in order to apply it to code which is not already + Covered Code governed by this License), You must + + (a) rename Your license so that the phrases ''Mozilla'', ''MOZILLAPL'', + ''MOZPL'', ''Netscape'', "MPL", ''NPL", or any confusingly similar phrases + do not appear in your license (except to note that your license differs + from this License) and + + (b) otherwise make it clear that Your version of the license contains + terms which differ from the Mozilla Public License and Netscape Public + License. (Filling in the name of the Initial Developer, Original Code or + Contributor in the notice described in Exhibit A shall not of themselves + be deemed to be modifications of this License.) + + + 6.4 Origin of the Initial Developer's Public License. The Initial Developer's + Public License is based on the Mozilla Public License V 1.1 with the following + changes: + + 1) The license is published by the Initial Developer of this code. Only the + Initial Developer can modify the terms applicable to Covered Code. + + 2) The license can be modified and used for code which is not already + governed by this license. Modified versions of the license must be + renamed to avoid confusion with Netscape's license Initial Developer's's + license and must include a description of changes from the Initial + Developer's Public License. + + 3) The name of the license in Exhibit A is the "Initial Developer's Public + License". + + 4) The reference to an alternative license in Exhibit A has been removed + + . + 5) Amendments I, II, III, V, and VI have been deleted. + + 6) Exhibit A, Netscape Public License has been deleted + + + 7. DISCLAIMER OF WARRANTY. + + + + COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT + WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT + LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, + MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE + ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS + WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, + YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE + COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER + OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF + ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS + DISCLAIMER. + + + 8. TERMINATION. + + + 8.1. This License and the rights granted hereunder will terminate automatically + if You fail to comply with terms herein and fail to cure such breach within 30 + days of becoming aware of the breach. All sublicenses to the Covered Code + which are properly granted shall survive any termination of this License. + Provisions which, by their nature, must remain in effect beyond the termination + of this License shall survive. + + 8.2. If You initiate litigation by asserting a patent infringement claim (excluding + declatory judgment actions) against Initial Developer or a Contributor (the Initial + Developer or Contributor against whom You file such action is referred to as + "Participant") alleging that: + + (a) such Participant's Contributor Version directly or indirectly infringes + any patent, then any and all rights granted by such Participant to You + under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice + from Participant terminate prospectively, unless if within 60 days after + receipt of notice You either: + + (i) agree in writing to pay Participant a mutually agreeable + reasonable royalty for Your past and future use of Modifications + made by such Participant, or + + (ii) withdraw Your litigation claim with respect to the Contributor + Version against such Participant. + + + If within 60 days of notice, a reasonable royalty and payment + arrangement are not mutually agreed upon in writing by the parties or + the litigation claim is not withdrawn, the rights granted by Participant to + You under Sections 2.1 and/or 2.2 automatically terminate at the + expiration of the 60 day notice period specified above. + + (b) any software, hardware, or device, other than such Participant's + Contributor Version, directly or indirectly infringes any patent, then any + rights granted to You by such Participant under Sections 2.1(b) and + 2.2(b) are revoked effective as of the date You first made, used, sold, + distributed, or had made, Modifications made by that Participant. + + 8.3. If You assert a patent infringement claim against Participant alleging that + such Participant's Contributor Version directly or indirectly infringes any patent + where such claim is resolved (such as by license or settlement) prior to the + initiation of patent infringement litigation, then the reasonable value of the + licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken + into account in determining the amount or value of any payment or license. + + 8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user + license agreements (excluding distributors and resellers) which have been + validly granted by You or any distributor hereunder prior to termination shall + survive termination. + + + 9. LIMITATION OF LIABILITY. + + + UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT + (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL + DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED + CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON + FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY + CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF + GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY + AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY + SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS + LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR + PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT + APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT + ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL + DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. + + + 10. U.S. GOVERNMENT END USERS. + + + The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R. 2.101 + (Oct. 1995), consisting of ''commercial computer software'' and ''commercial computer + software documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). + Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June + 1995), all U.S. Government End Users acquire Covered Code with only those rights + set forth herein. + + + 11. MISCELLANEOUS. + + + This License represents the complete agreement concerning subject matter hereof. If + any provision of this License is held to be unenforceable, such provision shall be + reformed only to the extent necessary to make it enforceable. This License shall be + governed by California law provisions (except to the extent applicable law, if any, + provides otherwise), excluding its conflict-of-law provisions. With respect to disputes + in which at least one party is a citizen of, or an entity chartered or registered to do + business in the United States of America, any litigation relating to this License shall be + subject to the jurisdiction of the Federal Courts of the Northern District of California, + with venue lying in Santa Clara County, California, with the losing party responsible for + costs, including without limitation, court costs and reasonable attorneys' fees and + expenses. The application of the United Nations Convention on Contracts for the + International Sale of Goods is expressly excluded. Any law or regulation which + provides that the language of a contract shall be construed against the drafter shall + not apply to this License. + + + 12. RESPONSIBILITY FOR CLAIMS. + + + As between Initial Developer and the Contributors, each party is responsible for claims + and damages arising, directly or indirectly, out of its utilization of rights under this + License and You agree to work with Initial Developer and Contributors to distribute + such responsibility on an equitable basis. Nothing herein is intended or shall be + deemed to constitute any admission of liability. + + + 13. MULTIPLE-LICENSED CODE. + + + Initial Developer may designate portions of the Covered Code as "Multiple-Licensed". + "Multiple-Licensed" means that the Initial Devpoeloper permits you to utilize portions of + the Covered Code under Your choice of the IDPL or the alternative licenses, if any, + specified by the Initial Developer in the file described in Exhibit A. + + EXHIBIT A -Initial Developer's Public License. + + The contents of this file are subject to the Initial Developer's Public License Version 1.0 + (the "License"); you may not use this file except in compliance with the License. You + may obtain a copy of the License at http://www.ibphoenix.com/idpl.html Software + distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY + OF ANY KIND, either express or implied. See the License for the specific language + governing rights and limitations under the License. + + The Original Code is ______________________________________. + + The Initial Developer of the Original Code is ________________________. + + Portions created by ______________________ are Copyright (C) ______ + _______________________. + + All Rights Reserved. + + Contributor(s): ______________________________________. |