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-- This file contains two licenses. You must choose one of these licenses. --
ADAPTIVE PUBLIC LICENSE Version 1.0
THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THIS ADAPTIVE
PUBLIC LICENSE ("LICENSE"). ANY USE, REPRODUCTION OR DISTRIBUTION
OF THE LICENSED WORK CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
LICENSE AND ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE
TERMS OF THIS LICENSE. "LICENSED WORK" AND "RECIPIENT" ARE
DEFINED BELOW.
IMPORTANT NOTE: This License is "adaptive", and the generic version or another
version of an Adaptive Public License should not be relied upon to determine your rights
and obligations under this License. You must read the specific Adaptive Public License
that you receive with the Licensed Work, as certain terms are defined at the outset by the
Initial Contributor.
See Section 2.2 below, Exhibit A attached, and any Suppfile.txt accompanying this
License to determine the specific adaptive features applicable to this License. For
example, without limiting the foregoing, (a) for selected choice of law and jurisdiction
see Part 3 of Exhibit A; (b) for the selected definition of Third Party see Part 4 of Exhibit
A; and (c) for selected patent licensing terms (if any) see Section 2.2 below and Part 6 of
Exhibit A.
1. DEFINITIONS.
1.1. "CONTRIBUTION" means:
(a) In the case of the Initial Contributor, the Initial Work distributed under this License
by the Initial Contributor; and
(b) In the case of each Subsequent Contributor, the Subsequent Work originating from
and distributed by such Subsequent Contributor.
1.2. "DESIGNATED WEB SITE" means the web site having the URL identified in Part
1 of Exhibit A, which URL may be changed by the Initial Contributor by posting on the
current Designated Web Site the new URL for at least sixty (60) days.
1.3. "DISTRIBUTOR" means any Person that distributes the Licensed Work or any
portion thereof to at least one Third Party.
1.4. "ELECTRONIC DISTRIBUTION MECHANISM" means any mechanism generally
accepted in the software development community for the electronic transfer of data.
1.5. "EXECUTABLE" means the Licensed Work in any form other than Source Code.
1.6. "GOVERNING JURISDICTION" means the state, province or other legal
jurisdiction identified in Part 3 of Exhibit A.
1.7. "INDEPENDENT MODULE" means a separate module of software and/or data that
is not a derivative work of or copied from the Licensed Work or any portion thereof. In
addition, a module does not qualify as an Independent Module but instead forms part of
the Licensed Work if the module: (a) is embedded in the Licensed Work; (b) is included
by reference in the Licensed Work other than by a function call or a class reference; or
(c) must be included or contained, in whole or in part, within a file directory or
subdirectory actually containing files making up the Licensed Work.
1.8. "INITIAL CONTRIBUTOR" means the Person or entity identified as the Initial
Contributor in the notice required by Part 1 of Exhibit A.
1.9. "INITIAL WORK" means the initial Source Code, object code (if any) and
documentation for the computer program identified in Part 2 of Exhibit A, as such Source
Code, object code and documentation is distributed under this License by the Initial
Contributor.
1.10. "LARGER WORK" means a work that combines the Licensed Work or portions
thereof with code not governed by this License.
1.11. "LICENSED WORK" means the Initial Work and/or any Subsequent Work, in
each case including portions thereof.
1.12. "LICENSE NOTICE" has the meaning assigned in Part 5 of Exhibit A.
1.13. "MODIFICATION" or "MODIFICATIONS" means any change to and/or addition
to the Licensed Work.
1.14. "PERSON" means an individual or other legal entity, including a corporation,
partnership or other body.
1.15. "RECIPIENT" means any Person who receives or obtains the Licensed Work
under this License (by way of example, without limiting the foregoing, any Subsequent
Contributor or Distributor).
1.16. "SOURCE CODE" means the source code for a computer program, including the
source code for all modules and components of the computer program, plus any
associated interface definition files, and scripts used to control compilation and
installation of an executable.
1.17. "SUBSEQUENT CONTRIBUTOR" means any Person that makes or contributes
to the making of any Subsequent Work and that distributes that Subsequent Work to at
least one Third Party.
1.18. "SUBSEQUENT WORK" means a work that has resulted or arises from changes to
and/or additions to:
(a) the Initial Work;
(b) any other Subsequent Work; or
(c) to any combination of the Initial Work and any such other Subsequent Work;
where such changes and/or additions originate from a Subsequent Contributor. A
Subsequent Work will "originate" from a Subsequent Contributor if the Subsequent Work
was a result of efforts by such Subsequent Contributor (or anyone acting on such
Subsequent Contributor's behalf, such as, a contractor or other entity that is engaged by
or under the direction of the Subsequent Contributor). For greater certainty, a Subsequent
Work expressly excludes and shall not capture within its meaning any Independent
Module.
1.19. "SUPPLEMENT FILE" means a file distributed with the Licensed Work having a
file name "suppfile.txt".
1.20. "THIRD PARTY" has the meaning assigned in Part 4 of Exhibit A.
2. LICENSE.
2.1. COPYRIGHT LICENSE FROM INITIAL AND SUBSEQUENT
CONTRIBUTORS.
(a) Subject to the terms of this License, the Initial Contributor hereby grants each
Recipient a world-wide, royalty-free, non-exclusive copyright license to:
(i) reproduce, prepare derivative works of, publicly display, publicly perform, distribute
and sublicense the Initial Work; and
(ii) reproduce, publicly display, publicly perform, distribute, and sublicense any
derivative works (if any) prepared by Recipient;
in Source Code and Executable form, either with other Modifications, on an unmodified
basis, or as part of a Larger Work.
(b) Subject to the terms of this License, each Subsequent Contributor hereby grants each
Recipient a world-wide, royalty-free, non-exclusive copyright license to:
(i) reproduce, prepare derivative works of, publicly display, publicly perform, distribute
and sublicense the Subsequent Work of such Subsequent Contributor; and
(ii) reproduce, publicly display, publicly perform, distribute, and sublicense any
derivative works (if any) prepared by Recipient;
in Source Code and Executable form, either with other Modifications, on an unmodified
basis, or as part of a Larger Work.
2.2. PATENT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.
(a) This License does not include or grant any patent license whatsoever from the Initial
Contributor, Subsequent Contributor, or any Distributor unless, at the time the Initial
Work is first distributed or made available under this License (as the case may be), the
Initial Contributor has selected pursuant to Part 6 of Exhibit A the patent terms in
paragraphs A, B, C, D and E from Part 6 of Exhibit A. If this is not done then the Initial
Work and any other Subsequent Work is made available under the License without any
patent license (the "PATENTS-EXCLUDED LICENSE").
(b) However, the Initial Contributor may subsequently distribute or make available (as
the case may be) future copies of: (1) the Initial Work; or (2) any Licensed Work
distributed by the Initial Contributor which includes the Initial Work (or any portion
thereof) and/or any Modification made by the Initial Contributor; available under a
License which includes a patent license (the "PATENTS-INCLUDED LICENSE") by
selecting pursuant to Part 6 of Exhibit A the patent terms in paragraphs A, B, C, D and E
from Part 6 of Exhibit A, when the Initial Contributor distributes or makes available (as
the case may be) such future copies under this License.
(c) If any Recipient receives or obtains one or more copies of the Initial Work or any
other portion of the Licensed Work under the Patents-Included License, then all licensing
of such copies under this License shall include the terms in paragraphs A, B, C, D and E
from Part 6 of Exhibit A and that Recipient shall not be able to rely upon the Patents-
Excluded License for any such copies. However, all Recipients that receive one or more
copies of the Initial Work or any other portion of the Licensed Work under a copy of the
License which includes the Patents-Excluded License shall have no patent license with
respect to such copies received under the Patents-Excluded License and availability and
distribution of such copies, including Modifications made by such Recipient to such
copies, shall be under a copy of the License without any patent license.
(d) Where a Recipient uses in combination or combines any copy of the Licensed Work
(or portion thereof) licensed under a copy of the License having a Patents-Excluded
License with any copy of the Licensed Work (or portion thereof) licensed under a copy of
the License having a Patents-Included License, the combination (and any portion thereof)
shall, from the first time such Recipient uses, makes available or distributes the
combination (as the case may be), be subject to only the terms of the License having the
Patents-Included License which shall include the terms in paragraphs A, B, C, D and E
from Part 6 of Exhibit A.
2.3. ACKNOWLEDGEMENT AND DISCLAIMER.
Recipient understands and agrees that although Initial Contributor and each Subsequent
Contributor grants the licenses to its Contributions set forth herein, no representation,
warranty, guarantee or assurance is provided by any Initial Contributor, Subsequent
Contributor, or Distributor that the Licensed Work does not infringe the patent or other
intellectual property rights of any other entity. Initial Contributor, Subsequent
Contributor, and each Distributor disclaims any liability to Recipient for claims brought
by any other entity based on infringement of intellectual property rights or otherwise, in
relation to the Licensed Works. As a condition to exercising the rights and licenses
granted hereunder, each Recipient hereby assumes sole responsibility to secure any other
intellectual property rights needed, if any. For example, without limiting the foregoing
disclaimers, if a third party patent license is required to allow Recipient to distribute the
Licensed Work, it is Recipient's responsibility to acquire that license before distributing
the Licensed Work.
2.4. RESERVATION.
Nothing in this License shall be deemed to grant any rights to trademarks, copyrights,
patents, trade secrets or any other intellectual property of Initial Contributor, Subsequent
Contributor, or Distributor except as expressly stated herein.
3. DISTRIBUTION OBLIGATIONS.
3.1. DISTRIBUTION GENERALLY.
(a) A Subsequent Contributor shall make that Subsequent Contributor's Subsequent
Work(s) available to the public via an Electronic Distribution Mechanism for a period of
at least twelve (12) months. The aforesaid twelve (12) month period shall begin within a
reasonable time after the creation of the Subsequent Work and no later than sixty (60)
days after first distribution of that Subsequent Contributor's Subsequent Work.
(b) All Distributors must distribute the Licensed Work in accordance with the terms of
the License, and must include a copy of this License (including without limitation Exhibit
A and the accompanying Supplement File) with each copy of the Licensed Work
distributed. In particular, this License must be prominently distributed with the Licensed
Work in a file called "license.txt." In addition, the License Notice in Part 5 of Exhibit A
must be included at the beginning of all Source Code files, and viewable to a user in any
executable such that the License Notice is reasonably brought to the attention of any
party using the Licensed Work.
3.2. EXECUTABLE DISTRIBUTIONS OF THE LICENSED WORK.
A Distributor may choose to distribute the Licensed Work, or any portion thereof, in
Executable form (an "EXECUTABLE DISTRIBUTION") to any third party, under the
terms of Section 2 of this License, provided the Executable Distribution is made available
under and accompanied by a copy of this License, AND provided at least ONE of the
following conditions is fulfilled:
(a) The Executable Distribution must be accompanied by the Source Code for the
Licensed Work making up the Executable Distribution, and the Source Code must be
distributed on the same media as the Executable Distribution or using an Electronic
Distribution Mechanism; or
(b) The Executable Distribution must be accompanied with a written offer, valid for at
least thirty six (36) months, to give any third party under the terms of this License, for a
charge no more than the cost of physically performing source distribution, a complete
machine-readable copy of the Source Code for the Licensed Work making up the
Executable Distribution, to be available and distributed using an Electronic Distribution
Mechanism, and such Executable Distribution must remain available in Source Code
form to any third party via the Electronic Distribution Mechanism (or any replacement
Electronic Distribution Mechanism the particular Distributor may reasonably need to turn
to as a substitute) for said at least thirty six (36) months.
For greater certainty, the above-noted requirements apply to any Licensed Work or
portion thereof distributed to any third party in Executable form, whether such
distribution is made alone, in combination with a Larger Work or Independent Modules,
or in some other combination.
3.3. SOURCE CODE DISTRIBUTIONS.
When a Distributor makes the Licensed Work, or any portion thereof, available to any
Person in Source Code form, it must be made available under this License and a copy of
this License must be included with each copy of the Source Code, situated so that the
copy of the License is conspicuously brought to the attention of that Person. For greater
clarification, this Section 3.3 applies to all distribution of the Licensed Work in any
Source Code form. A Distributor may charge a fee for the physical act of transferring a
copy, which charge shall be no more than the cost of physically performing source
distribution.
3.4. REQUIRED NOTICES IN SOURCE CODE.
Each Subsequent Contributor must ensure that the notice set out in Part 5 of Exhibit A is
included in each file of the Source Code for each Subsequent Work originating from that
particular Subsequent Contributor, if such notice is not already included in each such file.
If it is not possible to put such notice in a particular Source Code file due to its structure,
then the Subsequent Contributor must include such notice in a location (such as a relevant
directory in which the file is stored) where a user would be likely to look for such a
notice.
3.5. NO DISTRIBUTION REQUIREMENTS FOR INTERNALLY USED
MODIFICATIONS.
Notwithstanding Sections 3.2, 3.3 and 3.4, Recipient may, internally within its own
corporation or organization use the Licensed Work, including the Initial Work and
Subsequent Works, and make Modifications for internal use within Recipient's own
corporation or organization (collectively, "INTERNAL USE MODIFICATIONS"). The
Recipient shall have no obligation to distribute, in either Source Code or Executable
form, any such Internal Use Modifications made by Recipient in the course of such
internal use, except where required below in this Section 3.5. All Internal Use
Modifications distributed to any Person, whether or not a Third Party, shall be distributed
pursuant to and be accompanied by the terms of this License. If the Recipient chooses to
distribute any such Internal Use Modifications to any Third Party, then the Recipient
shall be deemed a Subsequent Contributor, and any such Internal Use Modifications
distributed to any Third Party shall be deemed a Subsequent Work originating from that
Subsequent Contributor, and shall from the first such instance become part of the
Licensed Work that must thereafter be distributed and made available to third parties in
accordance with the terms of Sections 3.1 to 3.4 inclusive.
3.6. INDEPENDENT MODULES.
This License shall not apply to Independent Modules of any Initial Contributor,
Subsequent Contributor, Distributor or any Recipient, and such Independent Modules
may be licensed or made available under one or more separate license agreements.
3.7. LARGER WORKS.
Any Distributor or Recipient may create or contribute to a Larger Work by combining
any of the Licensed Work with other code not governed by the terms of this License, and
may distribute the Larger Work as one or more products. However, in any such case,
Distributor or Recipient (as the case may be) must make sure that the requirements of this
License are fulfilled for the Licensed Work portion of the Larger Work.
3.8. DESCRIPTION OF DISTRIBUTED MODIFICATIONS.
(a) Each Subsequent Contributor (including the Initial Contributor where the Initial
Contributor also qualifies as a Subsequent Contributor) must cause each Subsequent
Work created or contributed to by that Subsequent Contributor to contain a file
documenting the changes, in accordance with the requirements of Part 1 of the
Supplement File, that such Subsequent Contributor made in the creation or contribution
to that Subsequent Work. If no Supplement File exists or no requirements are set out in
Part 1 of the Supplement File, then there are no requirements for Subsequent Contributors
to document changes that they make resulting in Subsequent Works.
(b) The Initial Contributor may at any time introduce requirements or add to or change
earlier requirements (in each case, the "EARLIER DESCRIPTION REQUIREMENTS")
for documenting changes resulting in Subsequent Works by revising Part 1 of each copy
of the Supplement File distributed by the Initial Contributor with future copies of the
Licensed Work so that Part 1 then contains new requirements (the "NEW
DESCRIPTION REQUIREMENTS") for documenting such changes.
(c) Any Recipient receiving at any time any copy of an Initial Work or any Subsequent
Work under a copy of this License (in each case, an "Earlier LICENSED COPY") having
the Earlier Description Requirements may choose, with respect to each such Earlier
Licensed Copy, to comply with the Earlier Description Requirements or the New
Description Requirements. Where a Recipient chooses to comply with the New
Description Requirements, that Recipient will, when thereafter distributing any copies of
any such Earlier Licensed Copy, include a Supplement File having a section entitled Part
1 that contains a copy of the New Description Requirements.
(d) For greater certainty, the intent of Part 1 of the Supplement File is to provide a
mechanism (if any) by which Subsequent Contributors must document changes that they
make to the Licensed Work resulting in Subsequent Works. Part 1 of any Supplement
File shall not be used to increase or reduce the scope of the license granted in Article 2 of
this License or in any other way increase or decrease the rights and obligations of any
Recipient, and shall at no time serve as the basis for terminating the License. Further, a
Recipient can be required to correct and change its documentation procedures to comply
with Part 1 of the Supplement File, but cannot be penalised with damages. Part 1 of any
Supplement File is only binding on each Recipient of any Licensed Work to the extent
Part 1 sets out the requirements for documenting changes to the Initial Work or any
Subsequent Work.
(e) An example of a set of requirements for documenting changes and contributions
made by Subsequent Contributor is set out in Part 7 of Exhibit A of this License. Part 7 is
a sample only and is not binding on Recipients, unless (subject to the earlier paragraphs
of this Section 3.8) those are the requirements that the Initial Contributor includes in Part
1 of the Supplement File with the copies of the Initial Work distributed under this
License.
3.9. USE OF DISTRIBUTOR NAME.
The name of a Distributor may not be used by any other Distributor to endorse or
promote the Licensed Work or products derived from the Licensed Work, without prior
written permission.
3.10. LIMITED RECOGNITION OF INITIAL CONTRIBUTOR.
(a) As a modest attribution to the Initial Contributor, in the hope that its promotional
value may help justify the time, money and effort invested in writing the Initial Work, the
Initial Contributor may include in Part 2 of the Supplement File a requirement that each
time an executable program resulting from the Initial Work or any Subsequent Work, or a
program dependent thereon, is launched or run, a prominent display of the Initial
Contributor's attribution information must occur (the "ATTRIBUTION
INFORMATION"). The Attribution Information must be included at the beginning of
each Source Code file. For greater certainty, the Initial Contributor may specify in the
Supplement File that the above attribution requirement only applies to an executable
program resulting from the Initial Work or any Subsequent Work, but not a program
dependent thereon. The intent is to provide for reasonably modest attribution, therefore
the Initial Contributor may not require Recipients to display, at any time, more than the
following Attribution Information: (a) a copyright notice including the name of the Initial
Contributor; (b) a word or one phrase (not exceeding 10 words); (c) one digital image or
graphic provided with the Initial Work; and (d) a URL (collectively, the
"ATTRIBUTION LIMITS").
(b) If no Supplement File exists, or no Attribution Information is set out in Part 2 of the
Supplement File, then there are no requirements for Recipients to display any Attribution
Information of the Initial Contributor.
(c) Each Recipient acknowledges that all trademarks, service marks and/or trade names
contained within Part 2 of the Supplement File distributed with the Licensed Work are
the exclusive property of the Initial Contributor and may only be used with the
permission of the Initial Contributor, or under circumstances otherwise permitted by law,
or as expressly set out in this License.
3.11. For greater certainty, any description or attribution provisions contained within a
Supplement File may only be used to specify the nature of the description or attribution
requirements, as the case may be. Any provision in a Supplement File that otherwise
purports to modify, vary, nullify or amend any right, obligation or representation
contained herein shall be deemed void to that extent, and shall be of no force or effect.
4. COMMERCIAL USE AND INDEMNITY.
4.1. COMMERCIAL SERVICES.
A Recipient ("COMMERCIAL RECIPIENT") may choose to offer, and to charge a fee
for, warranty, support, indemnity or liability obligations (collectively, "SERVICES") to
one or more other Recipients or Distributors. However, such Commercial Recipient may
do so only on that Commercial Recipient's own behalf, and not on behalf of any other
Distributor or Recipient, and Commercial Recipient must make it clear than any such
warranty, support, indemnity or liability obligation(s) is/are offered by Commercial
Recipient alone. At no time may Commercial Recipient use any Services to deny any
party the Licensed Work in Source Code or Executable form when so required under any
of the other terms of this License. For greater certainty, this Section 4.1 does not diminish
any of the other terms of this License, including without limitation the obligation of the
Commercial Recipient as a Distributor, when distributing any of the Licensed Work in
Source Code or Executable form, to make such distribution royalty-free (subject to the
right to charge a fee of no more than the cost of physically performing Source Code or
Executable distribution (as the case may be)).
4.2. INDEMNITY.
Commercial distributors of software may accept certain responsibilities with respect to
end users, business partners and the like. While this License is intended to facilitate the
commercial use of the Licensed Work, the Distributor who includes any of the Licensed
Work in a commercial product offering should do so in a manner which does not create
potential liability for other Distributors. Therefore, if a Distributor includes the Licensed
Work in a commercial product offering or offers any Services, such Distributor
("COMMERCIAL DISTRIBUTOR") hereby agrees to defend and indemnify every other
Distributor or Subsequent Contributor (in each case an "INDEMNIFIED PARTY")
against any losses, damages and costs (collectively "LOSSES") arising from claims,
lawsuits and other legal actions brought by a third party against the Indemnified Party to
the extent caused by the acts or omissions of such Commercial Distributor in connection
with its distribution of any of the Licensed Work in a commercial product offering or in
connection with any Services. The obligations in this section do not apply to any claims
or Losses relating to any actual or alleged intellectual property infringement. In order to
qualify, an Indemnified Party must: (a) promptly notify the Commercial Distributor in
writing of such claim; and (b) allow the Commercial Distributor to control, and co-
operate with the Commercial Distributor in, the defense and any related settlement
negotiations. The Indemnified Party may participate in any such claim at its own
expense.
5. VERSIONS OF THE LICENSE.
5.1. NEW VERSIONS.
The Initial Contributor may publish revised and/or new versions of the License from
time to time. Each version will be given a distinguishing version number.
5.2. EFFECT OF NEW VERSIONS.
Once the Licensed Work or any portion thereof has been published by Initial Contributor
under a particular version of the License, Recipient may choose to continue to use it
under the terms of that version. However, if a Recipient chooses to use the Licensed
Work under the terms of any subsequent version of the License published by the Initial
Contributor, then from the date of making this choice, the Recipient must comply with
the terms of that subsequent version with respect to all further reproduction, preparation
of derivative works, public display of, public performance of, distribution and
sublicensing by the Recipient in connection with the Licensed Work. No one other than
the Initial Contributor has the right to modify the terms applicable to the Licensed Work
6. DISCLAIMER OF WARRANTY.
6.1. GENERAL DISCLAIMER.
EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE LICENSED WORK
IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT ANY
REPRESENTATION, WARRANTY, GUARANTEE, ASSURANCE OR CONDITION
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OR CONDITIONS OF TITLE, NON-
INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE LICENSED WORK IS WITH RECIPIENT. SHOULD ANY LICENSED WORK
PROVE DEFECTIVE IN ANY RESPECT, RECIPIENT (NOT THE INITIAL
CONTRIBUTOR OR ANY SUBSEQUENT CONTRIBUTOR) ASSUMES THE COST
OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS CLAUSE
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
LICENSE INCLUDING WITHOUT LIMITATION THIS DISCLAIMER.
6.2. RESPONSIBILITY OF RECIPIENTS.
Each Recipient is solely responsible for determining the appropriateness of using and
distributing the Licensed Work and assumes all risks associated with its exercise of rights
under this License, including but not limited to the risks and costs of program errors,
compliance with applicable laws, damage to or loss of data, programs or equipment, and
unavailability or interruption of operations.
7. TERMINATION.
7.1. This License shall continue until terminated in accordance with the express terms
herein.
7.2. Recipient may choose to terminate this License automatically at any time.
7.3. This License, including without limitation the rights granted hereunder to a
particular Recipient, will terminate automatically if such Recipient is in material breach
of any of the terms of this License and fails to cure such breach within sixty (60) days of
becoming aware of the breach. Without limiting the foregoing, any material breach by
such Recipient of any term of any other License under which such Recipient is granted
any rights to the Licensed Work shall constitute a material breach of this License.
7.4. Upon termination of this License by or with respect to a particular Recipient for any
reason, all rights granted hereunder and under any other License to that Recipient shall
terminate. However, all sublicenses to the Licensed Work which were previously
properly granted by such Recipient under a copy of this License (in each case, an "Other
License" and in plural, "Other Licenses") shall survive any such termination of this
License, including without limitation the rights and obligations under such Other
Licenses as set out in their respective Sections 2, 3, 4, 5, 6, 7 and 8, mutatis mutandis, for
so long as the respective sublicensees (i.e. other Recipients) remain in compliance with
the terms of the copy of this License under which such sublicensees received rights to the
Licensed Work. Any termination of such Other Licenses shall be pursuant to their
respective Section 7, mutatis mutandis. Provisions which, by their nature, must remain in
effect beyond the termination of this License shall survive.
7.5. Upon any termination of this License by or with respect to a particular Recipient,
Sections 4.1, 4.2, 6.1, 6.2, 7.4, 7.5, 8.1, and 8.2, together with all provisions of this
License necessary for the interpretation and enforcement of same, shall expressly survive
such termination.
8. LIMITATION OF LIABILITY.
8.1. IN NO EVENT SHALL ANY OF INITIAL CONTRIBUTOR, ITS
SUBSIDIARIES, OR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS (AS THE CASE MAY
BE), HAVE ANY LIABILITY FOR ANY DIRECT DAMAGES, INDIRECT
DAMAGES, PUNITIVE DAMAGES, INCIDENTAL DAMAGES, SPECIAL
DAMAGES, EXEMPLARY DAMAGES, CONSEQUENTIAL DAMAGES OR ANY
OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS
OF USE, DATA OR PROFITS, OR ANY OTHER LOSS ARISING OUT OF OR IN
ANY WAY RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE,
PERFORMANCE, OR NON-PERFORMANCE OF THE LICENSED WORK OR ANY
PART THEREOF OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
SERVICES, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS
IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF
PERFORMANCE), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) IN RELATION TO OR ARISING IN ANY WAY
OUT OF THIS LICENSE OR THE USE OR DISTRIBUTION OF THE LICENSED
WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. THIS CLAUSE
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
LICENSE INCLUDING WITHOUT LIMITATION THE LIMITATIONS SET FORTH
IN THIS SECTION 8.1.
8.2. EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, EACH RECIPIENT
SHALL NOT HAVE ANY LIABILITY FOR ANY EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
DISTRIBUTION OF THE LICENSED WORK OR THE EXERCISE OF ANY RIGHTS
GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION.
9. GOVERNING LAW AND LEGAL ACTION.
9.1. This License shall be governed by and construed in accordance with the laws of the
Governing Jurisdiction assigned in Part 3 of Exhibit A, without regard to its conflict of
law provisions. No party may bring a legal action under this License more than one year
after the cause of the action arose. Each party waives its rights (if any) to a jury trial in
any litigation arising under this License. Note that if the Governing Jurisdiction is not
assigned in Part 3 of Exhibit A, then the Governing Jurisdiction shall be the State of New
York.
9.2. The courts of the Governing Jurisdiction shall have jurisdiction, but not exclusive
jurisdiction, to entertain and determine all disputes and claims, whether for specific
performance, injunction, damages or otherwise, both at law and in equity, arising out of
or in any way relating to this License, including without limitation, the legality, validity,
existence and enforceability of this License. Each party to this License hereby
irrevocably attorns to and accepts the jurisdiction of the courts of the Governing
Jurisdiction for such purposes.
9.3. Except as expressly set forth elsewhere herein, in the event of any action or
proceeding brought by any party against another under this License the prevailing party
shall be entitled to recover all costs and expenses including the fees of its attorneys in
such action or proceeding in such amount as the court may adjudge reasonable.
10. MISCELLANEOUS.
10.1. The obligations imposed by this License are for the benefit of the Initial
Contributor and any Recipient, and each Recipient acknowledges and agrees that the
Initial Contributor and/or any other Recipient may enforce the terms and conditions of
this License against any Recipient.
10.2. This License represents the complete agreement concerning subject matter hereof,
and supersedes and cancels all previous oral and written communications,
representations, agreements and understandings between the parties with respect to the
subject matter hereof.
10.3. The application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded.
10.4. The language in all parts of this License shall be in all cases construed simply
according to its fair meaning, and not strictly for or against any of the parties hereto. Any
law or regulation which provides that the language of a contract shall be construed
against the drafter shall not apply to this License.
10.5. If any provision of this License is invalid or unenforceable under the laws of the
Governing Jurisdiction, it shall not affect the validity or enforceability of the remainder
of the terms of this License, and without further action by the parties hereto, such
provision shall be reformed to the minimum extent necessary to make such provision
valid and enforceable.
10.6. The paragraph headings of this License are for reference and convenience only and
are not a part of this License, and they shall have no effect upon the construction or
interpretation of any part hereof.
10.7. Each of the terms "including", "include" and "includes", when used in this License,
is not limiting whether or not non-limiting language (such as "without limitation" or "but
not limited to" or words of similar import) is used with reference thereto.
10.8. The parties hereto acknowledge they have expressly required that this License and
notices relating thereto be drafted in the English language.
//***THE LICENSE TERMS END HERE (OTHER THAN AS SET OUT IN EXHIBIT
//A).***//
EXHIBIT A (to the Adaptive Public License)
PART 1: INITIAL CONTRIBUTOR AND DESIGNATED WEB SITE The Initial
Contributor is: MusicIP Corporation (www.musicip.com)
Address of Initial Contributor:
605 E. Huntington Dr., Suite 201
Monrovia, California, 91016 USA
+1 (626) 359-9702
[Enter address above]
The Designated Web Site is: http://www.musicdns.org/
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): ___LIBOFA (Open Fingerprint Architecture
Library 1.0)__.
The date on which the Initial Work was first available under this License: __March 11th,
2006____
PART 3: GOVERNING JURISDICTION
For the purposes of this License, the Governing Jurisdiction is State of California, USA.
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.
[X] 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: MusicIP Corporation,
Doing Business As MusicIP. 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: http://www.musicdns.org/
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 [X]
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.***//
-- with the following supplement --
Supplemental Text file for Open Fingerprint Architecture library (LIBOFA) distributed
under Adaptive Public License 1.0
Per Section 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").<2E>
The attribution requested by MusicIP for this source code is:
(c) a digital image<67>connected_by_musicip.gif or connected_by_musicip.png included
with this source code, also available from
http://www.musicip.com/connected_by_musicip.gif or
http://www.musicip.com/connected_by_musicip.png
(d) a URL. The image should be hyperlinked to http://www.musicip.com/
MusicIP requests that the image be legibly presented against a contrasting (light)
background color such as white or light grey.
-- or you can use this license --
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your
freedom to share and change it. By contrast, the GNU General Public
License is intended to guarantee your freedom to share and change free
software--to make sure the software is free for all its users. This
General Public License applies to most of the Free Software
Foundation's software and to any other program whose authors commit to
using it. (Some other Free Software Foundation software is covered by
the GNU Library General Public License instead.) You can apply it to
your programs, too.
When we speak of free software, we are referring to freedom, not
price. Our General Public Licenses are designed to make sure that you
have the freedom to distribute copies of free software (and charge for
this service if you wish), that you receive source code or can get it
if you want it, that you can change the software or use pieces of it
in new free programs; and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid
anyone to deny you these rights or to ask you to surrender the rights.
These restrictions translate to certain responsibilities for you if you
distribute copies of the software, or if you modify it.
For example, if you distribute copies of such a program, whether
gratis or for a fee, you must give the recipients all the rights that
you have. You must make sure that they, too, receive or can get the
source code. And you must show them these terms so they know their
rights.
We protect your rights with two steps: (1) copyright the software, and
(2) offer you this license which gives you legal permission to copy,
distribute and/or modify the software.
Also, for each author's protection and ours, we want to make certain
that everyone understands that there is no warranty for this free
software. If the software is modified by someone else and passed on, we
want its recipients to know that what they have is not the original, so
that any problems introduced by others will not reflect on the original
authors' reputations.
Finally, any free program is threatened constantly by software
patents. We wish to avoid the danger that redistributors of a free
program will individually obtain patent licenses, in effect making the
program proprietary. To prevent this, we have made it clear that any
patent must be licensed for everyone's free use or not licensed at all.
The precise terms and conditions for copying, distribution and
modification follow.
GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains
a notice placed by the copyright holder saying it may be distributed
under the terms of this General Public License. The "Program", below,
refers to any such program or work, and a "work based on the Program"
means either the Program or any derivative work under copyright law:
that is to say, a work containing the Program or a portion of it,
either verbatim or with modifications and/or translated into another
language. (Hereinafter, translation is included without limitation in
the term "modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not
covered by this License; they are outside its scope. The act of
running the Program is not restricted, and the output from the Program
is covered only if its contents constitute a work based on the
Program (independent of having been made by running the Program).
Whether that is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's
source code as you receive it, in any medium, provided that you
conspicuously and appropriately publish on each copy an appropriate
copyright notice and disclaimer of warranty; keep intact all the
notices that refer to this License and to the absence of any warranty;
and give any other recipients of the Program a copy of this License
along with the Program.
You may charge a fee for the physical act of transferring a copy, and
you may at your option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion
of it, thus forming a work based on the Program, and copy and
distribute such modifications or work under the terms of Section 1
above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices
stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any
part thereof, to be licensed as a whole at no charge to all third
parties under the terms of this License.
c) If the modified program normally reads commands interactively
when run, you must cause it, when started running for such
interactive use in the most ordinary way, to print or display an
announcement including an appropriate copyright notice and a
notice that there is no warranty (or else, saying that you provide
a warranty) and that users may redistribute the program under
these conditions, and telling the user how to view a copy of this
License. (Exception: if the Program itself is interactive but
does not normally print such an announcement, your work based on
the Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If
identifiable sections of that work are not derived from the Program,
and can be reasonably considered independent and separate works in
themselves, then this License, and its terms, do not apply to those
sections when you distribute them as separate works. But when you
distribute the same sections as part of a whole which is a work based
on the Program, the distribution of the whole must be on the terms of
this License, whose permissions for other licensees extend to the
entire whole, and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest
your rights to work written entirely by you; rather, the intent is to
exercise the right to control the distribution of derivative or
collective works based on the Program.
In addition, mere aggregation of another work not based on the Program
with the Program (or with a work based on the Program) on a volume of
a storage or distribution medium does not bring the other work under
the scope of this License.
3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms of
Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of Sections
1 and 2 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three
years, to give any third party, for a charge no more than your
cost of physically performing source distribution, a complete
machine-readable copy of the corresponding source code, to be
distributed under the terms of Sections 1 and 2 above on a medium
customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer
to distribute corresponding source code. (This alternative is
allowed only for noncommercial distribution and only if you
received the program in object code or executable form with such
an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work for
making modifications to it. For an executable work, complete source
code means all the source code for all modules it contains, plus any
associated interface definition files, plus the scripts used to
control compilation and installation of the executable. However, as a
special exception, the source code distributed need not include
anything that is normally distributed (in either source or binary
form) with the major components (compiler, kernel, and so on) of the
operating system on which the executable runs, unless that component
itself accompanies the executable.
If distribution of executable or object code is made by offering
access to copy from a designated place, then offering equivalent
access to copy the source code from the same place counts as
distribution of the source code, even though third parties are not
compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program
except as expressly provided under this License. Any attempt
otherwise to copy, modify, sublicense or distribute the Program is
void, and will automatically terminate your rights under this License.
However, parties who have received copies, or rights, from you under
this License will not have their licenses terminated so long as such
parties remain in full compliance.
5. You are not required to accept this License, since you have not
signed it. However, nothing else grants you permission to modify or
distribute the Program or its derivative works. These actions are
prohibited by law if you do not accept this License. Therefore, by
modifying or distributing the Program (or any work based on the
Program), you indicate your acceptance of this License to do so, and
all its terms and conditions for copying, distributing or modifying
the Program or works based on it.
6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
these terms and conditions. You may not impose any further
restrictions on the recipients' exercise of the rights granted herein.
You are not responsible for enforcing compliance by third parties to
this License.
7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot
distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you
may not distribute the Program at all. For example, if a patent
license would not permit royalty-free redistribution of the Program by
all those who receive copies directly or indirectly through you, then
the only way you could satisfy both it and this License would be to
refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under
any particular circumstance, the balance of the section is intended to
apply and the section as a whole is intended to apply in other
circumstances.
It is not the purpose of this section to induce you to infringe any
patents or other property right claims or to contest validity of any
such claims; this section has the sole purpose of protecting the
integrity of the free software distribution system, which is
implemented by public license practices. Many people have made
generous contributions to the wide range of software distributed
through that system in reliance on consistent application of that
system; it is up to the author/donor to decide if he or she is willing
to distribute software through any other system and a licensee cannot
impose that choice.
This section is intended to make thoroughly clear what is believed to
be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in
certain countries either by patents or by copyrighted interfaces, the
original copyright holder who places the Program under this License
may add an explicit geographical distribution limitation excluding
those countries, so that distribution is permitted only in or among
countries not thus excluded. In such case, this License incorporates
the limitation as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or new versions
of the General Public License from time to time. Such new versions will
be similar in spirit to the present version, but may differ in detail to
address new problems or concerns.
Each version is given a distinguishing version number. If the Program
specifies a version number of this License which applies to it and "any
later version", you have the option of following the terms and conditions
either of that version or of any later version published by the Free
Software Foundation. If the Program does not specify a version number of
this License, you may choose any version ever published by the Free Software
Foundation.
10. If you wish to incorporate parts of the Program into other free
programs whose distribution conditions are different, write to the author
to ask for permission. For software which is copyrighted by the Free
Software Foundation, write to the Free Software Foundation; we sometimes
make exceptions for this. Our decision will be guided by the two goals
of preserving the free status of all derivatives of our free software and
of promoting the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest
possible use to the public, the best way to achieve this is to make it
free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest
to attach them to the start of each source file to most effectively
convey the exclusion of warranty; and each file should have at least
the "copyright" line and a pointer to where the full notice is found.
<one line to give the program's name and a brief idea of what it does.>
Copyright (C) <year> <name of author>
This program is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation; either version 2 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
You should have received a copy of the GNU General Public License
along with this program; if not, write to the Free Software
Foundation, Inc., 51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA
Also add information on how to contact you by electronic and paper mail.
If the program is interactive, make it output a short notice like this
when it starts in an interactive mode:
Gnomovision version 69, Copyright (C) year name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'.
This is free software, and you are welcome to redistribute it
under certain conditions; type `show c' for details.
The hypothetical commands `show w' and `show c' should show the appropriate
parts of the General Public License. Of course, the commands you use may
be called something other than `show w' and `show c'; they could even be
mouse-clicks or menu items--whatever suits your program.
You should also get your employer (if you work as a programmer) or your
school, if any, to sign a "copyright disclaimer" for the program, if
necessary. Here is a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the program
`Gnomovision' (which makes passes at compilers) written by James Hacker.
<signature of Ty Coon>, 1 April 1989
Ty Coon, President of Vice
This General Public License does not permit incorporating your program into
proprietary programs. If your program is a subroutine library, you may
consider it more useful to permit linking proprietary applications with the
library. If this is what you want to do, use the GNU Library General
Public License instead of this License.
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