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Open Public License 1.0 [1995] PubRL 12 (1 January 1995)

Open Public License

Version: 1.0

Copyright: No

URL: http://koala.ilog.fr/jackaroo/OPL_1_0.TXT

Type: Software

Media: Software

Country: International

Licence text

1. Definitions.

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 and the corresponding addendum

described in section 6.4 below.

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:

A. Any addition to or deletion from the contents of a file

containing Original Code or previous Modifications.

B. 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.

1.11. "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 a list of

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" 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 which 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 fifty percent (50%) or

more of the outstanding shares or beneficial ownership of such

entity.

1.13 "License Author" means Lutris Technologies, Inc.

2. Source Code License.

2.1. The Initial Developer Grant.

The Initial Developer hereby grants You a worldwide, royalty-free,

non-exclusive license, subject to third party intellectual property

claims:

(a) under intellectual property rights (other than patent or

trademark) to use, reproduce, modify, display, perform,

sublicense and distribute the Original Code (or portions

thereof) with or without Modifications, or as part of a

Larger Work; and

(b) under patents now or hereafter owned or controlled by

Initial Developer, to make, have made, use and sell (``offer

to sell and import'') the Original Code (or portions

thereof), but solely to the extent that any such patent is

reasonably necessary to enable You to Utilize the Original

Code (or portions thereof) and not to any greater extent

that may be necessary to Utilize further Modifications or

combinations.

2.2. Contributor Grant.

Each Contributor hereby grants You a worldwide, royalty-free,

non-exclusive license, subject to third party intellectual property

claims:

(a) under intellectual property rights (other than patent or

trademark) 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 or as part

of a Larger Work; and

(b) under patents now or hereafter owned or controlled by

Contributor, to to make, have made, use and sell (``offer to

sell and import'') the Contributor Version (or portions

thereof), but solely to the extent that any such patent is

reasonably necessary to enable You to Utilize the

Contributor Version (or portions thereof), and not to any

greater extent that may be necessary to Utilize further

Modifications or combinations

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, prior to any use, except for internal

development and practice, 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 shall notify the Initial Developer of the

Modification and the location of the Source Code via the contact

means provided for in the Developer Specific license. Initial

Developer will be acting as maintainer of the Source Code and may

provide an Electronic Distribution mechanism for the Modification

to be made available.

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 You have knowledge that a party claims an intellectual

property right in particular functionality or code (or its

utilization under this License), you 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 you obtain such knowledge after You make Your

Modification available as described in Section 3.2, You

shall promptly modify the LEGAL file in all copies You make

available thereafter and shall take other steps (such as

notifying appropriate mailing lists or newsgroups)

reasonably calculated to inform those who received the

Covered Code that new knowledge has been obtained.

(b) 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, and this License in any documentation for the Source

Code, where You describe recipients' rights relating to Covered

Code. If You created one or more Modification(s), You may add your

name as a Contributor to the notice described in Exhibit A. 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 file) where a user would be

likely to look for such a notice. 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

that 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 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 that 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. If you distribute executable versions containing Covered

Code, you must reproduce the notice in Exhibit B in the

documentation and/or other materials provided with the product.

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 or regulation then You must: (a) comply with the terms of

this License to the maximum extent possible; and (b) Cite all of

the statutes or regulations that prohibit you from complying fully

with this license. (c) 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.

License Author may publish revised and/or new versions of the

License from time to time. Each version will be given a

distinguishing version number and shall be submitted to

opensource.org for certification.

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

Initial Developer. No one other than 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, except in

association with the required Developer Specific License described

in section 6.4, (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 ``Open'',

``OpenPL'', ``OPL'' or any confusingly similar phrase do not appear

anywhere in your license and (b) otherwise make it clear that your

version of the license contains terms which differ from the Open

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. Required Additional Developer Specific License

This license is a union of the following two parts that should be

found as text files in the same place (directory), in the order of

preeminence:

[1] A Developer specific license.

[2] The contents of this file OPL_1_0.TXT, stating the general

licensing policy of the software.

In case of conflicting dispositions in the parts of this license,

the terms of the lower-numbered part will always be superseded by

the terms of the higher numbered part.

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 Termination upon Breach

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 that, by their

nature, must remain in effect beyond the termination of this License

shall survive.

8.2. Termination Upon Litigation. 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 THE INITIAL

DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,

OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER

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

THAT 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 section was intentionally left blank. The contents of this

section are found in the corresponding addendum described above.

12. RESPONSIBILITY FOR CLAIMS.

Except in cases where another Contributor has failed to comply with

Section 3.4, You are responsible for damages arising, directly or

indirectly, out of Your utilization of rights under this License,

based on the number of copies of Covered Code you made available, the

revenues you received from utilizing such rights, and other relevant

factors. You agree to work with affected parties to distribute with

Initial Developer responsibility on an equitable basis.

EXHIBIT A.

Text for this Exhibit A is found in the corresponding addendum,

described in section 6.4 above, text file provided by the Initial

Developer. This license is not valid or complete with out that

file.

EXHIBIT B.

Text for this Exhibit B is found in the corresponding addendum,

described in section 6.4 above, text file provided by the Initial

Developer. This license is not valid or complete with out that

file.