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