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Adaptive Public License
Copyright: No
URL: http://www.opensource.org/licenses/apl1.0.php
Type: Software
Media: Software
Country: International
Licence text
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.***//
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