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OpenMap Software License [2009] PubRL 47 (1 January 2009)

OpenMap Software License Agreement

Version: 1.1

Copyright: No

URL: http://www.mozilla.org/MPL/NPL-1.1.html

Type: Software

Media: Software

Country: USA

Licence text

This Agreement sets forth the terms and conditions under which the software known as OpenMap(tm) will be licensed by BBN Technologies ("BBN") to you ("Licensee"), and by which Derivative Works (as hereafter defined) of OpenMap will be licensed by you to BBN.

Definitions:

"Derivative Work(s)" shall mean any revision, enhancement, modification, translation, abridgement, condensation or expansion created by Licensee or BBN that is based upon the Software or a portion thereof that would be a copyright infringement if prepared without the authorization of the copyright owners of the Software or portion thereof.

"OpenMap" shall mean a programmer's toolkit for building map based applications as originally created by BBN, and any Derivative Works thereof as created by either BBN or Licensee, but shall include only those Derivative Works BBN has approved for inclusion into, and BBN has integrated into OpenMap.

"Standard Version" shall mean OpenMap, as originally created by BBN.

"Software" shall mean OpenMap and the Derivative Works created by Licensee and the collection of files distributed by the Licensee with OpenMap, and the collection of files created through textual modifications.

"Copyright Holder" is whoever is named in the copyright or copyrights for the Derivative Works.

"Licensee" is you, only if you agree to be bound by the terms and conditions set forth in this Agreement.

"Reasonable copying fee" is whatever you can justify on the basis of media cost, duplication charges, time of people involved.

"Freely Available" means that no fee is charged for the item itself, though there may be fees involved in handling the item. It also means that recipients of the item may redistribute it under the same conditions that they received it.

1. BBN maintains all rights, title and interest in and to OpenMap, including all applicable copyrights, trade secrets, patents and other intellectual rights therein. Licensee hereby grants to BBN all right, title and interest into the compilation of OpenMap. Licensee shall own all rights, title and interest into the Derivative Works created by Licensee (subject to the compilation ownership by BBN).

2. BBN hereby grants to Licensee a royalty free, worldwide right and license to use, copy, distribute and make Derivative Works of OpenMap, and sublicensing rights of any of the foregoing in accordance with the terms and conditions of this Agreement, provided that you duplicate all of the original copyright notices and associated disclaimers.

3. Licensee hereby grants to BBN a royalty free, worldwide right and license to use, copy, distribute and make Derivative Works of Derivative Works created by Licensee and sublicensing rights of any of the foregoing.

4. Licensee's right to create Derivative Works in the Software is subject to Licensee agreement to insert a prominent notice in each changed file stating how and when you changed that file, and provided that you do at least ONE of the following:

a) place your modifications in the Public Domain or otherwise make them Freely Available, such as by posting said modifications to Usenet or an equivalent medium, or placing the modifications on a major archive site and by providing your modifications to the Copyright Holder.

b) use the modified Package only within your corporation or organization.

c) rename any non-standard executables so the names do not conflict with standard executables, which must also be provided, and provide a separate manual page for each non-standard executable that clearly documents how it differs from OpenMap.

d) make other distribution arrangements with the Copyright Holder.

5. Licensee may distribute the programs of this Software in object code or executable form, provided that you do at least ONE of the following:

a) distribute an OpenMap version of the executables and library files, together with instructions (in the manual page or equivalent) on where to get OpenMap.

b) accompany the distribution with the machine-readable source code with your modifications.

c) accompany any non-standard executables with their corresponding OpenMap executables, giving the non-standard executables non-standard names, and clearly documenting the differences in manual pages (or equivalent), together with instructions on where to get OpenMap.

d) make other distribution arrangements with the Copyright Holder.

6. You may charge a reasonable copying fee for any distribution of this Software. You may charge any fee you choose for support of this Software. You may not charge a fee for this Software itself. However, you may distribute this Software in aggregate with other (possibly commercial) programs as part of a larger (possibly commercial) software distribution provided that you do not advertise this Software as a product of your own.

7. The data and images supplied as input to or produced as output from the Software do not automatically fall under the copyright of this Software, but belong to whomever generated them, and may be sold commercially, and may be aggregated with this Software.

8. BBN makes no representation about the suitability of OpenMap for any purposes. BBN shall have no duty or requirement to include any Derivative Works into OpenMap.

9. Each party hereto represents and warrants that they have the full unrestricted right to grant all rights and licenses granted to the other party herein.

10. THIS PACKAGE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY

KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO)

ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, AND

WITHOUT ANY WARRANTIES AS TO NONINFRINGEMENT.

11. IN NO EVENT SHALL COPYRIGHT HOLDER BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OF DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS CONDUCT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS PACKAGE.

12. Without limitation of the foregoing, You agree to commit no act which, directly or indirectly, would violate any U.S. law, regulation, or treaty, or any other international treaty or agreement to which the United States adheres or with which the United States complies, relating to the export or re-export of any commodities, software, or technical data.