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diff --git a/licenses/APL b/licenses/APL new file mode 100644 index 00000000..0d70e6a3 --- /dev/null +++ b/licenses/APL @@ -0,0 +1,964 @@ +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: + ____________________________________________________ + + [Enter full name of Initial Contributor] + + Address of Initial Contributor: + ________________________________________________ + ________________________________________________ + ________________________________________________ + + [Enter address above] + + The Designated Web Site is: + __________________________________________________ + + [Enter URL for Designated Web Site of Initial Contributor] + + 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): + _______________________________________________. + + The date on which the Initial Work was first available under this + License: _________________ + + PART 3: GOVERNING JURISDICTION + + For the purposes of this License, the Governing Jurisdiction is + _________________________________________________. [Initial + Contributor to Enter Governing Jurisdiction here] + + 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. + + [ ] 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: + ______________________ [Insert the name of the Initial Contributor + here]. 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: + ___________________________________________________ [Insert Initial + Contributor's Designated Web Site here] + + 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 [ ] + + 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.***// |