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Netizen Open Source License 1.0 [1999] PubRL 10 (1 January 1999)

Netizen Open Source License (NOSL)

Version: 1.0

Copyright: 1999 Netizen Pty Ltd, All rights Reserved.

URL: http://web.archive.org/web/20010429225558/bits.netizen.com.au/licenses/NOSL/

Type: Software

Media: Software

Country: Australia

Licence text

Definitions.

1.0.1. "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:

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.

1.10.1. "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 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 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 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.

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.

Netizen Pty Ltd ("Netizen ") 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 Netizen. No one

other than Netizen 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 "Netizen", "NOSL" or any confusingly similar phrase 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 Netizen Open Source

License and Xen Open Source 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.)

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.

7.1 To the extent permitted by law and except as expressly provided

to the contrary in this Agreement, all warranties whether express,

implied, statutory or otherwise, relating in any way to the subject

matter of this Agreement or to this Agreement generally, are excluded.

Where legislation implies in this Agreement any condition or warranty

and that legislation avoids or prohibits provisions in a contract

excluding or modifying the application of or the exercise of or

liability under such term, such term shall be deemed to be included

in this Agreement. However, the liability of Supplier for any breach

of such term shall be limited, at the option of Supplier, to any one

or more of the following: if the breach related to goods: the

replacement of the goods or the supply of equivalent goods; the repair

of such goods; the payment of the cost of replacing the goods or of

acquiring equivalent goods; or the payment of the cost of having the

goods repaired; and if the breach relates to services the supplying

of the services again; or the payment of the cost of having the

services supplied again.

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 Agreement shall be governed by and construed according to the

law of the State of Victoria. The parties irrevocably submit to the

exclusive jurisdiction of the Courts of Victoria and Australia and

any Courts hearing appeals from such Courts. This Agreement is

deemed to have been made in Victoria.

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

Developer permits you to utilize portions of the Covered Code under

Your choice of the NPL or the alternative licenses, if any, specified

by the Initial Developer in the file described in Exhibit A.

EXHIBIT A - Netizen Open Source License

``The contents of this file are subject to the Netizen Open Source

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://netizen.com.au/licenses/NOPL/

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): ______________________________________.

Alternatively, the contents of this file may be used under the terms

of the _____ license (the "[___] License"), in which case the

provisions of [______] License are applicable instead of those

above. If you wish to allow use of your version of this file only

under the terms of the [____] License and not to allow others to use

your version of this file under the NOSL, indicate your decision by

deleting the provisions above and replace them with the notice and

other provisions required by the [___] License. If you do not delete

the provisions above, a recipient may use your version of this file

under either the NOSL or the [___] License."

[NOTE: The text of this Exhibit A may differ slightly from the text of

the notices in the Source Code files of the Original Code. You should

use the text of this Exhibit A rather than the text found in the

Original Code Source Code for Your Modifications.]