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+ADAPTIVE PUBLIC LICENSE
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+
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+Version 1.0
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+
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+THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THIS ADAPTIVE PUBLIC LICENSE
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+("LICENSE"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE LICENSED WORK CONSTITUTES
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+RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND ITS TERMS, WHETHER OR NOT SUCH
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+RECIPIENT READS THE TERMS OF THIS LICENSE. "LICENSED WORK" AND "RECIPIENT"
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+ARE DEFINED BELOW.
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+
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+IMPORTANT NOTE: This License is "adaptive", and the generic version or another
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+version of an Adaptive Public License should not be relied upon to determine
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+your rights and obligations under this License. You must read the specific
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+Adaptive Public License that you receive with the Licensed Work, as certain
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+terms are defined at the outset by the Initial Contributor.
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+
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+See Section 2.2 below, Exhibit A attached, and any Suppfile.txt accompanying
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+this License to determine the specific adaptive features applicable to this
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+License. For example, without limiting the foregoing, (a) for selected choice
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+of law and jurisdiction see Part 3 of Exhibit A; (b) for the selected definition
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+of Third Party see Part 4 of Exhibit A; and (c) for selected patent licensing
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+terms (if any) see Section 2.2 below and Part 6 of Exhibit A.
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+
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+ 1. DEFINITIONS.
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+
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+ 1.1. "CONTRIBUTION" means:
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+
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+(a) In the case of the Initial Contributor, the Initial Work distributed under
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+this License by the Initial Contributor; and
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+
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+(b) In the case of each Subsequent Contributor, the Subsequent Work originating
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+from and distributed by such Subsequent Contributor.
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+
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+1.2. "DESIGNATED WEB SITE" means the web site having the URL identified in
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+Part 1 of Exhibit A, which URL may be changed by the Initial Contributor by
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+posting on the current Designated Web Site the new URL for at least sixty
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+(60) days.
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+
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+1.3. "DISTRIBUTOR" means any Person that distributes the Licensed Work or
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+any portion thereof to at least one Third Party.
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+
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+1.4. "ELECTRONIC DISTRIBUTION MECHANISM" means any mechanism generally accepted
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+in the software development community for the electronic transfer of data.
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+
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+1.5. "EXECUTABLE" means the Licensed Work in any form other than Source Code.
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+
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+1.6. "GOVERNING JURISDICTION" means the state, province or other legal jurisdiction
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+identified in Part 3 of Exhibit A.
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+
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+1.7. "INDEPENDENT MODULE" means a separate module of software and/or data
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+that is not a derivative work of or copied from the Licensed Work or any portion
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+thereof. In addition, a module does not qualify as an Independent Module but
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+instead forms part of the Licensed Work if the module: (a) is embedded in
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+the Licensed Work; (b) is included by reference in the Licensed Work other
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+than by a function call or a class reference; or (c) must be included or contained,
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+in whole or in part, within a file directory or subdirectory actually containing
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+files making up the Licensed Work.
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+
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+1.8. "INITIAL CONTRIBUTOR" means the Person or entity identified as the Initial
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+Contributor in the notice required by Part 1 of Exhibit A.
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+
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+1.9. "INITIAL WORK" means the initial Source Code, object code (if any) and
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+documentation for the computer program identified in Part 2 of Exhibit A,
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+as such Source Code, object code and documentation is distributed under this
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+License by the Initial Contributor.
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+
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+1.10. "LARGER WORK" means a work that combines the Licensed Work or portions
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+thereof with code not governed by this License.
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+
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+1.11. "LICENSED WORK" means the Initial Work and/or any Subsequent Work, in
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+each case including portions thereof.
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+
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+ 1.12. "LICENSE NOTICE" has the meaning assigned in Part 5 of Exhibit A.
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+
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+1.13. "MODIFICATION" or "MODIFICATIONS" means any change to and/or addition
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+to the Licensed Work.
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+
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+1.14. "PERSON" means an individual or other legal entity, including a corporation,
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+partnership or other body.
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+
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+1.15. "RECIPIENT" means any Person who receives or obtains the Licensed Work
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+under this License (by way of example, without limiting the foregoing, any
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+Subsequent Contributor or Distributor).
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+
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+1.16. "SOURCE CODE" means the source code for a computer program, including
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+the source code for all modules and components of the computer program, plus
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+any associated interface definition files, and scripts used to control compilation
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+and installation of an executable.
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+
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+1.17. "SUBSEQUENT CONTRIBUTOR" means any Person that makes or contributes
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+to the making of any Subsequent Work and that distributes that Subsequent
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+Work to at least one Third Party.
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+
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+1.18. "SUBSEQUENT WORK" means a work that has resulted or arises from changes
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+to and/or additions to:
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+
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+ (a) the Initial Work;
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+
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+ (b) any other Subsequent Work; or
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+
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+(c) to any combination of the Initial Work and any such other Subsequent Work;
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+
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+where such changes and/or additions originate from a Subsequent Contributor.
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+A Subsequent Work will "originate" from a Subsequent Contributor if the Subsequent
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+Work was a result of efforts by such Subsequent Contributor (or anyone acting
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+on such Subsequent Contributor's behalf, such as, a contractor or other entity
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+that is engaged by or under the direction of the Subsequent Contributor).
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+For greater certainty, a Subsequent Work expressly excludes and shall not
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+capture within its meaning any Independent Module.
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+
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+1.19. "SUPPLEMENT FILE" means a file distributed with the Licensed Work having
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+a file name "suppfile.txt".
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+
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+ 1.20. "THIRD PARTY" has the meaning assigned in Part 4 of Exhibit A.
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+
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+ 2. LICENSE.
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+
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+ 2.1. COPYRIGHT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.
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+
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+(a) Subject to the terms of this License, the Initial Contributor hereby grants
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+each Recipient a world-wide, royalty-free, non-exclusive copyright license
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+to:
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+
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+(i) reproduce, prepare derivative works of, publicly display, publicly perform,
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+distribute and sublicense the Initial Work; and
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+
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+(ii) reproduce, publicly display, publicly perform, distribute, and sublicense
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+any derivative works (if any) prepared by Recipient;
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+
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+in Source Code and Executable form, either with other Modifications, on an
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+unmodified basis, or as part of a Larger Work.
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+
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+(b) Subject to the terms of this License, each Subsequent Contributor hereby
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+grants each Recipient a world-wide, royalty-free, non-exclusive copyright
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+license to:
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+
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+(i) reproduce, prepare derivative works of, publicly display, publicly perform,
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+distribute and sublicense the Subsequent Work of such Subsequent Contributor;
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+and
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+
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+(ii) reproduce, publicly display, publicly perform, distribute, and sublicense
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+any derivative works (if any) prepared by Recipient;
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+
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+in Source Code and Executable form, either with other Modifications, on an
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+unmodified basis, or as part of a Larger Work.
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+
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+ 2.2. PATENT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.
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+
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+(a) This License does not include or grant any patent license whatsoever from
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+the Initial Contributor, Subsequent Contributor, or any Distributor unless,
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+at the time the Initial Work is first distributed or made available under
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+this License (as the case may be), the Initial Contributor has selected pursuant
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+to Part 6 of Exhibit A the patent terms in paragraphs A, B, C, D and E from
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+Part 6 of Exhibit A. If this is not done then the Initial Work and any other
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+Subsequent Work is made available under the License without any patent license
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+(the "PATENTS-EXCLUDED LICENSE").
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+
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+(b) However, the Initial Contributor may subsequently distribute or make available
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+(as the case may be) future copies of: (1) the Initial Work; or (2) any Licensed
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+Work distributed by the Initial Contributor which includes the Initial Work
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+(or any portion thereof) and/or any Modification made by the Initial Contributor;
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+available under a License which includes a patent license (the "PATENTS-INCLUDED
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+LICENSE") by selecting pursuant to Part 6 of Exhibit A the patent terms in
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+paragraphs A, B, C, D and E from Part 6 of Exhibit A, when the Initial Contributor
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+distributes or makes available (as the case may be) such future copies under
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+this License.
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+
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+(c) If any Recipient receives or obtains one or more copies of the Initial
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+Work or any other portion of the Licensed Work under the Patents-Included
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+License, then all licensing of such copies under this License shall include
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+the terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A and that
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+Recipient shall not be able to rely upon the Patents-Excluded License for
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+any such copies. However, all Recipients that receive one or more copies of
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+the Initial Work or any other portion of the Licensed Work under a copy of
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+the License which includes the Patents-Excluded License shall have no patent
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+license with respect to such copies received under the Patents-Excluded License
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+and availability and distribution of such copies, including Modifications
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+made by such Recipient to such copies, shall be under a copy of the License
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+without any patent license.
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+
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+(d) Where a Recipient uses in combination or combines any copy of the Licensed
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+Work (or portion thereof) licensed under a copy of the License having a Patents-Excluded
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+License with any copy of the Licensed Work (or portion thereof) licensed under
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+a copy of the License having a Patents-Included License, the combination (and
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+any portion thereof) shall, from the first time such Recipient uses, makes
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+available or distributes the combination (as the case may be), be subject
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+to only the terms of the License having the Patents-Included License which
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+shall include the terms in paragraphs A, B, C, D and E from Part 6 of Exhibit
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+A.
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+
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+ 2.3. ACKNOWLEDGEMENT AND DISCLAIMER.
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+
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+Recipient understands and agrees that although Initial Contributor and each
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+Subsequent Contributor grants the licenses to its Contributions set forth
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+herein, no representation, warranty, guarantee or assurance is provided by
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+any Initial Contributor, Subsequent Contributor, or Distributor that the Licensed
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+Work does not infringe the patent or other intellectual property rights of
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+any other entity. Initial Contributor, Subsequent Contributor, and each Distributor
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+disclaims any liability to Recipient for claims brought by any other entity
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+based on infringement of intellectual property rights or otherwise, in relation
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+to the Licensed Works. As a condition to exercising the rights and licenses
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+granted hereunder, each Recipient hereby assumes sole responsibility to secure
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+any other intellectual property rights needed, if any. For example, without
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+limiting the foregoing disclaimers, if a third party patent license is required
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+to allow Recipient to distribute the Licensed Work, it is Recipient's responsibility
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+to acquire that license before distributing the Licensed Work.
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+
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+ 2.4. RESERVATION.
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+
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+Nothing in this License shall be deemed to grant any rights to trademarks,
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+copyrights, patents, trade secrets or any other intellectual property of Initial
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+Contributor, Subsequent Contributor, or Distributor except as expressly stated
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+herein.
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+
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+ 3. DISTRIBUTION OBLIGATIONS.
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+
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+ 3.1. DISTRIBUTION GENERALLY.
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+
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+(a) A Subsequent Contributor shall make that Subsequent Contributor's Subsequent
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+Work(s) available to the public via an Electronic Distribution Mechanism for
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+a period of at least twelve (12) months. The aforesaid twelve (12) month period
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+shall begin within a reasonable time after the creation of the Subsequent
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+Work and no later than sixty (60) days after first distribution of that Subsequent
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+Contributor's Subsequent Work.
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+
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+(b) All Distributors must distribute the Licensed Work in accordance with
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+the terms of the License, and must include a copy of this License (including
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+without limitation Exhibit A and the accompanying Supplement File) with each
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+copy of the Licensed Work distributed. In particular, this License must be
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+prominently distributed with the Licensed Work in a file called "license.txt."
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+In addition, the License Notice in Part 5 of Exhibit A must be included at
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+the beginning of all Source Code files, and viewable to a user in any executable
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+such that the License Notice is reasonably brought to the attention of any
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+party using the Licensed Work.
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+
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+ 3.2. EXECUTABLE DISTRIBUTIONS OF THE LICENSED WORK.
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+
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+A Distributor may choose to distribute the Licensed Work, or any portion thereof,
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+in Executable form (an "EXECUTABLE DISTRIBUTION") to any third party, under
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+the terms of Section 2 of this License, provided the Executable Distribution
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+is made available under and accompanied by a copy of this License, AND provided
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+at least ONE of the following conditions is fulfilled:
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+
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+(a) The Executable Distribution must be accompanied by the Source Code for
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+the Licensed Work making up the Executable Distribution, and the Source Code
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+must be distributed on the same media as the Executable Distribution or using
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+an Electronic Distribution Mechanism; or
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+
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+(b) The Executable Distribution must be accompanied with a written offer,
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+valid for at least thirty six (36) months, to give any third party under the
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+terms of this License, for a charge no more than the cost of physically performing
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+source distribution, a complete machine-readable copy of the Source Code for
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+the Licensed Work making up the Executable Distribution, to be available and
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+distributed using an Electronic Distribution Mechanism, and such Executable
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+Distribution must remain available in Source Code form to any third party
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+via the Electronic Distribution Mechanism (or any replacement Electronic Distribution
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+Mechanism the particular Distributor may reasonably need to turn to as a substitute)
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+for said at least thirty six (36) months.
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+
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+For greater certainty, the above-noted requirements apply to any Licensed
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+Work or portion thereof distributed to any third party in Executable form,
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+whether such distribution is made alone, in combination with a Larger Work
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+or Independent Modules, or in some other combination.
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+
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+ 3.3. SOURCE CODE DISTRIBUTIONS.
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+
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+When a Distributor makes the Licensed Work, or any portion thereof, available
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+to any Person in Source Code form, it must be made available under this License
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+and a copy of this License must be included with each copy of the Source Code,
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+situated so that the copy of the License is conspicuously brought to the attention
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+of that Person. For greater clarification, this Section 3.3 applies to all
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+distribution of the Licensed Work in any Source Code form. A Distributor may
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+charge a fee for the physical act of transferring a copy, which charge shall
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+be no more than the cost of physically performing source distribution.
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+
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+ 3.4. REQUIRED NOTICES IN SOURCE CODE.
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+
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+Each Subsequent Contributor must ensure that the notice set out in Part 5
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+of Exhibit A is included in each file of the Source Code for each Subsequent
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+Work originating from that particular Subsequent Contributor, if such notice
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+is not already included in each such file. If it is not possible to put such
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+notice in a particular Source Code file due to its structure, then the Subsequent
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+Contributor must include such notice in a location (such as a relevant directory
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+in which the file is stored) where a user would be likely to look for such
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+a notice.
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+
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+ 3.5. NO DISTRIBUTION REQUIREMENTS FOR INTERNALLY USED MODIFICATIONS.
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+
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+Notwithstanding Sections 3.2, 3.3 and 3.4, Recipient may, internally within
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+its own corporation or organization use the Licensed Work, including the Initial
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+Work and Subsequent Works, and make Modifications for internal use within
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+Recipient's own corporation or organization (collectively, "INTERNAL USE MODIFICATIONS").
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+The Recipient shall have no obligation to distribute, in either Source Code
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+or Executable form, any such Internal Use Modifications made by Recipient
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+in the course of such internal use, except where required below in this Section
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+3.5. All Internal Use Modifications distributed to any Person, whether or
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+not a Third Party, shall be distributed pursuant to and be accompanied by
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+the terms of this License. If the Recipient chooses to distribute any such
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+Internal Use Modifications to any Third Party, then the Recipient shall be
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+deemed a Subsequent Contributor, and any such Internal Use Modifications distributed
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+to any Third Party shall be deemed a Subsequent Work originating from that
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+Subsequent Contributor, and shall from the first such instance become part
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+of the Licensed Work that must thereafter be distributed and made available
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+to third parties in accordance with the terms of Sections 3.1 to 3.4 inclusive.
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+
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+ 3.6. INDEPENDENT MODULES.
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+
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+This License shall not apply to Independent Modules of any Initial Contributor,
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+Subsequent Contributor, Distributor or any Recipient, and such Independent
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+Modules may be licensed or made available under one or more separate license
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+agreements.
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+
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313
|
+ 3.7. LARGER WORKS.
|
|
314
|
+
|
|
315
|
+Any Distributor or Recipient may create or contribute to a Larger Work by
|
|
316
|
+combining any of the Licensed Work with other code not governed by the terms
|
|
317
|
+of this License, and may distribute the Larger Work as one or more products.
|
|
318
|
+However, in any such case, Distributor or Recipient (as the case may be) must
|
|
319
|
+make sure that the requirements of this License are fulfilled for the Licensed
|
|
320
|
+Work portion of the Larger Work.
|
|
321
|
+
|
|
322
|
+ 3.8. DESCRIPTION OF DISTRIBUTED MODIFICATIONS.
|
|
323
|
+
|
|
324
|
+(a) Each Subsequent Contributor (including the Initial Contributor where the
|
|
325
|
+Initial Contributor also qualifies as a Subsequent Contributor) must cause
|
|
326
|
+each Subsequent Work created or contributed to by that Subsequent Contributor
|
|
327
|
+to contain a file documenting the changes, in accordance with the requirements
|
|
328
|
+of Part 1 of the Supplement File, that such Subsequent Contributor made in
|
|
329
|
+the creation or contribution to that Subsequent Work. If no Supplement File
|
|
330
|
+exists or no requirements are set out in Part 1 of the Supplement File, then
|
|
331
|
+there are no requirements for Subsequent Contributors to document changes
|
|
332
|
+that they make resulting in Subsequent Works.
|
|
333
|
+
|
|
334
|
+(b) The Initial Contributor may at any time introduce requirements or add
|
|
335
|
+to or change earlier requirements (in each case, the "EARLIER DESCRIPTION
|
|
336
|
+REQUIREMENTS") for documenting changes resulting in Subsequent Works by revising
|
|
337
|
+Part 1 of each copy of the Supplement File distributed by the Initial Contributor
|
|
338
|
+with future copies of the Licensed Work so that Part 1 then contains new requirements
|
|
339
|
+(the "NEW DESCRIPTION REQUIREMENTS") for documenting such changes.
|
|
340
|
+
|
|
341
|
+(c) Any Recipient receiving at any time any copy of an Initial Work or any
|
|
342
|
+Subsequent Work under a copy of this License (in each case, an "Earlier LICENSED
|
|
343
|
+COPY") having the Earlier Description Requirements may choose, with respect
|
|
344
|
+to each such Earlier Licensed Copy, to comply with the Earlier Description
|
|
345
|
+Requirements or the New Description Requirements. Where a Recipient chooses
|
|
346
|
+to comply with the New Description Requirements, that Recipient will, when
|
|
347
|
+thereafter distributing any copies of any such Earlier Licensed Copy, include
|
|
348
|
+a Supplement File having a section entitled Part 1 that contains a copy of
|
|
349
|
+the New Description Requirements.
|
|
350
|
+
|
|
351
|
+(d) For greater certainty, the intent of Part 1 of the Supplement File is
|
|
352
|
+to provide a mechanism (if any) by which Subsequent Contributors must document
|
|
353
|
+changes that they make to the Licensed Work resulting in Subsequent Works.
|
|
354
|
+Part 1 of any Supplement File shall not be used to increase or reduce the
|
|
355
|
+scope of the license granted in Article 2 of this License or in any other
|
|
356
|
+way increase or decrease the rights and obligations of any Recipient, and
|
|
357
|
+shall at no time serve as the basis for terminating the License. Further,
|
|
358
|
+a Recipient can be required to correct and change its documentation procedures
|
|
359
|
+to comply with Part 1 of the Supplement File, but cannot be penalised with
|
|
360
|
+damages. Part 1 of any Supplement File is only binding on each Recipient of
|
|
361
|
+any Licensed Work to the extent Part 1 sets out the requirements for documenting
|
|
362
|
+changes to the Initial Work or any Subsequent Work.
|
|
363
|
+
|
|
364
|
+(e) An example of a set of requirements for documenting changes and contributions
|
|
365
|
+made by Subsequent Contributor is set out in Part 7 of Exhibit A of this License.
|
|
366
|
+Part 7 is a sample only and is not binding on Recipients, unless (subject
|
|
367
|
+to the earlier paragraphs of this Section 3.8) those are the requirements
|
|
368
|
+that the Initial Contributor includes in Part 1 of the Supplement File with
|
|
369
|
+the copies of the Initial Work distributed under this License.
|
|
370
|
+
|
|
371
|
+ 3.9. USE OF DISTRIBUTOR NAME.
|
|
372
|
+
|
|
373
|
+The name of a Distributor may not be used by any other Distributor to endorse
|
|
374
|
+or promote the Licensed Work or products derived from the Licensed Work, without
|
|
375
|
+prior written permission.
|
|
376
|
+
|
|
377
|
+ 3.10. LIMITED RECOGNITION OF INITIAL CONTRIBUTOR.
|
|
378
|
+
|
|
379
|
+(a) As a modest attribution to the Initial Contributor, in the hope that its
|
|
380
|
+promotional value may help justify the time, money and effort invested in
|
|
381
|
+writing the Initial Work, the Initial Contributor may include in Part 2 of
|
|
382
|
+the Supplement File a requirement that each time an executable program resulting
|
|
383
|
+from the Initial Work or any Subsequent Work, or a program dependent thereon,
|
|
384
|
+is launched or run, a prominent display of the Initial Contributor's attribution
|
|
385
|
+information must occur (the "ATTRIBUTION INFORMATION"). The Attribution Information
|
|
386
|
+must be included at the beginning of each Source Code file. For greater certainty,
|
|
387
|
+the Initial Contributor may specify in the Supplement File that the above
|
|
388
|
+attribution requirement only applies to an executable program resulting from
|
|
389
|
+the Initial Work or any Subsequent Work, but not a program dependent thereon.
|
|
390
|
+The intent is to provide for reasonably modest attribution, therefore the
|
|
391
|
+Initial Contributor may not require Recipients to display, at any time, more
|
|
392
|
+than the following Attribution Information: (a) a copyright notice including
|
|
393
|
+the name of the Initial Contributor; (b) a word or one phrase (not exceeding
|
|
394
|
+10 words); (c) one digital image or graphic provided with the Initial Work;
|
|
395
|
+and (d) a URL (collectively, the "ATTRIBUTION LIMITS").
|
|
396
|
+
|
|
397
|
+(b) If no Supplement File exists, or no Attribution Information is set out
|
|
398
|
+in Part 2 of the Supplement File, then there are no requirements for Recipients
|
|
399
|
+to display any Attribution Information of the Initial Contributor.
|
|
400
|
+
|
|
401
|
+(c) Each Recipient acknowledges that all trademarks, service marks and/or
|
|
402
|
+trade names contained within Part 2 of the Supplement File distributed with
|
|
403
|
+the Licensed Work are the exclusive property of the Initial Contributor and
|
|
404
|
+may only be used with the permission of the Initial Contributor, or under
|
|
405
|
+circumstances otherwise permitted by law, or as expressly set out in this
|
|
406
|
+License.
|
|
407
|
+
|
|
408
|
+3.11. For greater certainty, any description or attribution provisions contained
|
|
409
|
+within a Supplement File may only be used to specify the nature of the description
|
|
410
|
+or attribution requirements, as the case may be. Any provision in a Supplement
|
|
411
|
+File that otherwise purports to modify, vary, nullify or amend any right,
|
|
412
|
+obligation or representation contained herein shall be deemed void to that
|
|
413
|
+extent, and shall be of no force or effect.
|
|
414
|
+
|
|
415
|
+ 4. COMMERCIAL USE AND INDEMNITY.
|
|
416
|
+
|
|
417
|
+ 4.1. COMMERCIAL SERVICES.
|
|
418
|
+
|
|
419
|
+A Recipient ("COMMERCIAL RECIPIENT") may choose to offer, and to charge a
|
|
420
|
+fee for, warranty, support, indemnity or liability obligations (collectively,
|
|
421
|
+"SERVICES") to one or more other Recipients or Distributors. However, such
|
|
422
|
+Commercial Recipient may do so only on that Commercial Recipient's own behalf,
|
|
423
|
+and not on behalf of any other Distributor or Recipient, and Commercial Recipient
|
|
424
|
+must make it clear than any such warranty, support, indemnity or liability
|
|
425
|
+obligation(s) is/are offered by Commercial Recipient alone. At no time may
|
|
426
|
+Commercial Recipient use any Services to deny any party the Licensed Work
|
|
427
|
+in Source Code or Executable form when so required under any of the other
|
|
428
|
+terms of this License. For greater certainty, this Section 4.1 does not diminish
|
|
429
|
+any of the other terms of this License, including without limitation the obligation
|
|
430
|
+of the Commercial Recipient as a Distributor, when distributing any of the
|
|
431
|
+Licensed Work in Source Code or Executable form, to make such distribution
|
|
432
|
+royalty-free (subject to the right to charge a fee of no more than the cost
|
|
433
|
+of physically performing Source Code or Executable distribution (as the case
|
|
434
|
+may be)).
|
|
435
|
+
|
|
436
|
+ 4.2. INDEMNITY.
|
|
437
|
+
|
|
438
|
+Commercial distributors of software may accept certain responsibilities with
|
|
439
|
+respect to end users, business partners and the like. While this License is
|
|
440
|
+intended to facilitate the commercial use of the Licensed Work, the Distributor
|
|
441
|
+who includes any of the Licensed Work in a commercial product offering should
|
|
442
|
+do so in a manner which does not create potential liability for other Distributors.
|
|
443
|
+Therefore, if a Distributor includes the Licensed Work in a commercial product
|
|
444
|
+offering or offers any Services, such Distributor ("COMMERCIAL DISTRIBUTOR")
|
|
445
|
+hereby agrees to defend and indemnify every other Distributor or Subsequent
|
|
446
|
+Contributor (in each case an "INDEMNIFIED PARTY") against any losses, damages
|
|
447
|
+and costs (collectively "LOSSES") arising from claims, lawsuits and other
|
|
448
|
+legal actions brought by a third party against the Indemnified Party to the
|
|
449
|
+extent caused by the acts or omissions of such Commercial Distributor in connection
|
|
450
|
+with its distribution of any of the Licensed Work in a commercial product
|
|
451
|
+offering or in connection with any Services. The obligations in this section
|
|
452
|
+do not apply to any claims or Losses relating to any actual or alleged intellectual
|
|
453
|
+property infringement. In order to qualify, an Indemnified Party must: (a)
|
|
454
|
+promptly notify the Commercial Distributor in writing of such claim; and (b)
|
|
455
|
+allow the Commercial Distributor to control, and co-operate with the Commercial
|
|
456
|
+Distributor in, the defense and any related settlement negotiations. The Indemnified
|
|
457
|
+Party may participate in any such claim at its own expense.
|
|
458
|
+
|
|
459
|
+ 5. VERSIONS OF THE LICENSE.
|
|
460
|
+
|
|
461
|
+ 5.1. NEW VERSIONS.
|
|
462
|
+
|
|
463
|
+The Initial Contributor may publish revised and/or new versions of the License
|
|
464
|
+from time to time. Each version will be given a distinguishing version number.
|
|
465
|
+
|
|
466
|
+ 5.2. EFFECT OF NEW VERSIONS.
|
|
467
|
+
|
|
468
|
+Once the Licensed Work or any portion thereof has been published by Initial
|
|
469
|
+Contributor under a particular version of the License, Recipient may choose
|
|
470
|
+to continue to use it under the terms of that version. However, if a Recipient
|
|
471
|
+chooses to use the Licensed Work under the terms of any subsequent version
|
|
472
|
+of the License published by the Initial Contributor, then from the date of
|
|
473
|
+making this choice, the Recipient must comply with the terms of that subsequent
|
|
474
|
+version with respect to all further reproduction, preparation of derivative
|
|
475
|
+works, public display of, public performance of, distribution and sublicensing
|
|
476
|
+by the Recipient in connection with the Licensed Work. No one other than the
|
|
477
|
+Initial Contributor has the right to modify the terms applicable to the Licensed
|
|
478
|
+Work
|
|
479
|
+
|
|
480
|
+ 6. DISCLAIMER OF WARRANTY.
|
|
481
|
+
|
|
482
|
+ 6.1. GENERAL DISCLAIMER.
|
|
483
|
+
|
|
484
|
+EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE LICENSED WORK IS PROVIDED
|
|
485
|
+UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY,
|
|
486
|
+GUARANTEE, ASSURANCE OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
|
|
487
|
+INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
|
|
488
|
+MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO
|
|
489
|
+THE QUALITY AND PERFORMANCE OF THE LICENSED WORK IS WITH RECIPIENT. SHOULD
|
|
490
|
+ANY LICENSED WORK PROVE DEFECTIVE IN ANY RESPECT, RECIPIENT (NOT THE INITIAL
|
|
491
|
+CONTRIBUTOR OR ANY SUBSEQUENT CONTRIBUTOR) ASSUMES THE COST OF ANY NECESSARY
|
|
492
|
+SERVICING, REPAIR OR CORRECTION. THIS CLAUSE CONSTITUTES AN ESSENTIAL PART
|
|
493
|
+OF THIS LICENSE. NO USE OF ANY LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT
|
|
494
|
+UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION THIS DISCLAIMER.
|
|
495
|
+
|
|
496
|
+ 6.2. RESPONSIBILITY OF RECIPIENTS.
|
|
497
|
+
|
|
498
|
+Each Recipient is solely responsible for determining the appropriateness of
|
|
499
|
+using and distributing the Licensed Work and assumes all risks associated
|
|
500
|
+with its exercise of rights under this License, including but not limited
|
|
501
|
+to the risks and costs of program errors, compliance with applicable laws,
|
|
502
|
+damage to or loss of data, programs or equipment, and unavailability or interruption
|
|
503
|
+of operations.
|
|
504
|
+
|
|
505
|
+ 7. TERMINATION.
|
|
506
|
+
|
|
507
|
+7.1. This License shall continue until terminated in accordance with the express
|
|
508
|
+terms herein.
|
|
509
|
+
|
|
510
|
+7.2. Recipient may choose to terminate this License automatically at any time.
|
|
511
|
+
|
|
512
|
+7.3. This License, including without limitation the rights granted hereunder
|
|
513
|
+to a particular Recipient, will terminate automatically if such Recipient
|
|
514
|
+is in material breach of any of the terms of this License and fails to cure
|
|
515
|
+such breach within sixty (60) days of becoming aware of the breach. Without
|
|
516
|
+limiting the foregoing, any material breach by such Recipient of any term
|
|
517
|
+of any other License under which such Recipient is granted any rights to the
|
|
518
|
+Licensed Work shall constitute a material breach of this License.
|
|
519
|
+
|
|
520
|
+7.4. Upon termination of this License by or with respect to a particular Recipient
|
|
521
|
+for any reason, all rights granted hereunder and under any other License to
|
|
522
|
+that Recipient shall terminate. However, all sublicenses to the Licensed Work
|
|
523
|
+which were previously properly granted by such Recipient under a copy of this
|
|
524
|
+License (in each case, an "Other License" and in plural, "Other Licenses")
|
|
525
|
+shall survive any such termination of this License, including without limitation
|
|
526
|
+the rights and obligations under such Other Licenses as set out in their respective
|
|
527
|
+Sections 2, 3, 4, 5, 6, 7 and 8, mutatis mutandis, for so long as the respective
|
|
528
|
+sublicensees (i.e. other Recipients) remain in compliance with the terms of
|
|
529
|
+the copy of this License under which such sublicensees received rights to
|
|
530
|
+the Licensed Work. Any termination of such Other Licenses shall be pursuant
|
|
531
|
+to their respective Section 7, mutatis mutandis. Provisions which, by their
|
|
532
|
+nature, must remain in effect beyond the termination of this License shall
|
|
533
|
+survive.
|
|
534
|
+
|
|
535
|
+7.5. Upon any termination of this License by or with respect to a particular
|
|
536
|
+Recipient, Sections 4.1, 4.2, 6.1, 6.2, 7.4, 7.5, 8.1, and 8.2, together with
|
|
537
|
+all provisions of this License necessary for the interpretation and enforcement
|
|
538
|
+of same, shall expressly survive such termination.
|
|
539
|
+
|
|
540
|
+ 8. LIMITATION OF LIABILITY.
|
|
541
|
+
|
|
542
|
+8.1. IN NO EVENT SHALL ANY OF INITIAL CONTRIBUTOR, ITS SUBSIDIARIES, OR AFFILIATES,
|
|
543
|
+OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS
|
|
544
|
+(AS THE CASE MAY BE), HAVE ANY LIABILITY FOR ANY DIRECT DAMAGES, INDIRECT
|
|
545
|
+DAMAGES, PUNITIVE DAMAGES, INCIDENTAL DAMAGES, SPECIAL DAMAGES, EXEMPLARY
|
|
546
|
+DAMAGES, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING
|
|
547
|
+WITHOUT LIMITATION LOSS OF USE, DATA OR PROFITS, OR ANY OTHER LOSS ARISING
|
|
548
|
+OUT OF OR IN ANY WAY RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE,
|
|
549
|
+PERFORMANCE, OR NON-PERFORMANCE OF THE LICENSED WORK OR ANY PART THEREOF OR
|
|
550
|
+THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR THAT RESULT FROM
|
|
551
|
+ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER
|
|
552
|
+FAILURE OF PERFORMANCE), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
|
|
553
|
+IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
|
|
554
|
+IN RELATION TO OR ARISING IN ANY WAY OUT OF THIS LICENSE OR THE USE OR DISTRIBUTION
|
|
555
|
+OF THE LICENSED WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN
|
|
556
|
+IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
|
|
557
|
+SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
|
|
558
|
+PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
|
|
559
|
+THIS CLAUSE CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY LICENSED
|
|
560
|
+WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION
|
|
561
|
+THE LIMITATIONS SET FORTH IN THIS SECTION 8.1.
|
|
562
|
+
|
|
563
|
+8.2. EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, EACH RECIPIENT SHALL NOT
|
|
564
|
+HAVE ANY LIABILITY FOR ANY EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
|
|
565
|
+WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
|
|
566
|
+WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
|
|
567
|
+ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE LICENSED WORK OR
|
|
568
|
+THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY
|
|
569
|
+OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY
|
|
570
|
+FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE
|
|
571
|
+EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
|
|
572
|
+
|
|
573
|
+ 9. GOVERNING LAW AND LEGAL ACTION.
|
|
574
|
+
|
|
575
|
+9.1. This License shall be governed by and construed in accordance with the
|
|
576
|
+laws of the Governing Jurisdiction assigned in Part 3 of Exhibit A, without
|
|
577
|
+regard to its conflict of law provisions. No party may bring a legal action
|
|
578
|
+under this License more than one year after the cause of the action arose.
|
|
579
|
+Each party waives its rights (if any) to a jury trial in any litigation arising
|
|
580
|
+under this License. Note that if the Governing Jurisdiction is not assigned
|
|
581
|
+in Part 3 of Exhibit A, then the Governing Jurisdiction shall be the State
|
|
582
|
+of New York.
|
|
583
|
+
|
|
584
|
+9.2. The courts of the Governing Jurisdiction shall have jurisdiction, but
|
|
585
|
+not exclusive jurisdiction, to entertain and determine all disputes and claims,
|
|
586
|
+whether for specific performance, injunction, damages or otherwise, both at
|
|
587
|
+law and in equity, arising out of or in any way relating to this License,
|
|
588
|
+including without limitation, the legality, validity, existence and enforceability
|
|
589
|
+of this License. Each party to this License hereby irrevocably attorns to
|
|
590
|
+and accepts the jurisdiction of the courts of the Governing Jurisdiction for
|
|
591
|
+such purposes.
|
|
592
|
+
|
|
593
|
+9.3. Except as expressly set forth elsewhere herein, in the event of any action
|
|
594
|
+or proceeding brought by any party against another under this License the
|
|
595
|
+prevailing party shall be entitled to recover all costs and expenses including
|
|
596
|
+the fees of its attorneys in such action or proceeding in such amount as the
|
|
597
|
+court may adjudge reasonable.
|
|
598
|
+
|
|
599
|
+ 10. MISCELLANEOUS.
|
|
600
|
+
|
|
601
|
+10.1. The obligations imposed by this License are for the benefit of the Initial
|
|
602
|
+Contributor and any Recipient, and each Recipient acknowledges and agrees
|
|
603
|
+that the Initial Contributor and/or any other Recipient may enforce the terms
|
|
604
|
+and conditions of this License against any Recipient.
|
|
605
|
+
|
|
606
|
+10.2. This License represents the complete agreement concerning subject matter
|
|
607
|
+hereof, and supersedes and cancels all previous oral and written communications,
|
|
608
|
+representations, agreements and understandings between the parties with respect
|
|
609
|
+to the subject matter hereof.
|
|
610
|
+
|
|
611
|
+10.3. The application of the United Nations Convention on Contracts for the
|
|
612
|
+International Sale of Goods is expressly excluded.
|
|
613
|
+
|
|
614
|
+10.4. The language in all parts of this License shall be in all cases construed
|
|
615
|
+simply according to its fair meaning, and not strictly for or against any
|
|
616
|
+of the parties hereto. Any law or regulation which provides that the language
|
|
617
|
+of a contract shall be construed against the drafter shall not apply to this
|
|
618
|
+License.
|
|
619
|
+
|
|
620
|
+10.5. If any provision of this License is invalid or unenforceable under the
|
|
621
|
+laws of the Governing Jurisdiction, it shall not affect the validity or enforceability
|
|
622
|
+of the remainder of the terms of this License, and without further action
|
|
623
|
+by the parties hereto, such provision shall be reformed to the minimum extent
|
|
624
|
+necessary to make such provision valid and enforceable.
|
|
625
|
+
|
|
626
|
+10.6. The paragraph headings of this License are for reference and convenience
|
|
627
|
+only and are not a part of this License, and they shall have no effect upon
|
|
628
|
+the construction or interpretation of any part hereof.
|
|
629
|
+
|
|
630
|
+10.7. Each of the terms "including", "include" and "includes", when used in
|
|
631
|
+this License, is not limiting whether or not non-limiting language (such as
|
|
632
|
+"without limitation" or "but not limited to" or words of similar import) is
|
|
633
|
+used with reference thereto.
|
|
634
|
+
|
|
635
|
+10.8. The parties hereto acknowledge they have expressly required that this
|
|
636
|
+License and notices relating thereto be drafted in the English language. //***THE
|
|
637
|
+LICENSE TERMS END HERE (OTHER THAN AS SET OUT IN EXHIBIT A).***//
|
|
638
|
+
|
|
639
|
+EXHIBIT A (to the Adaptive Public License)
|
|
640
|
+
|
|
641
|
+ PART 1: INITIAL CONTRIBUTOR AND DESIGNATED WEB SITE
|
|
642
|
+
|
|
643
|
+ The Initial Contributor is:
|
|
644
|
+
|
|
645
|
+ ________________________________________________
|
|
646
|
+
|
|
647
|
+ [Enter full name of Initial Contributor]
|
|
648
|
+
|
|
649
|
+
|
|
650
|
+
|
|
651
|
+ Address of Initial Contributor:
|
|
652
|
+
|
|
653
|
+ ________________________________________________
|
|
654
|
+
|
|
655
|
+ ________________________________________________
|
|
656
|
+
|
|
657
|
+ ________________________________________________
|
|
658
|
+
|
|
659
|
+ [Enter address above]
|
|
660
|
+
|
|
661
|
+
|
|
662
|
+
|
|
663
|
+ The Designated Web Site is:
|
|
664
|
+
|
|
665
|
+ ________________________________________________
|
|
666
|
+
|
|
667
|
+ [Enter URL for Designated Web Site of Initial Contributor]
|
|
668
|
+
|
|
669
|
+
|
|
670
|
+
|
|
671
|
+NOTE: The Initial Contributor is to complete this Part 1, along with Parts
|
|
672
|
+2, 3, and 5, and, if applicable, Parts 4 and 6.
|
|
673
|
+
|
|
674
|
+ PART 2: INITIAL WORK
|
|
675
|
+
|
|
676
|
+The Initial Work comprises the computer program(s) distributed by the Initial
|
|
677
|
+Contributor having the following title(s): _______________________________________________.
|
|
678
|
+
|
|
679
|
+The date on which the Initial Work was first available under this License:
|
|
680
|
+_________________
|
|
681
|
+
|
|
682
|
+ PART 3: GOVERNING JURISDICTION
|
|
683
|
+
|
|
684
|
+For the purposes of this License, the Governing Jurisdiction is _________________________________________________.
|
|
685
|
+[Initial Contributor to Enter Governing Jurisdiction here]
|
|
686
|
+
|
|
687
|
+ PART 4: THIRD PARTIES
|
|
688
|
+
|
|
689
|
+For the purposes of this License, "Third Party" has the definition set forth
|
|
690
|
+below in the ONE paragraph selected by the Initial Contributor from paragraphs
|
|
691
|
+A, B, C, D and E when the Initial Work is distributed or otherwise made available
|
|
692
|
+by the Initial Contributor. To select one of the following paragraphs, the
|
|
693
|
+Initial Contributor must place an "X" or "x" in the selection box alongside
|
|
694
|
+the one respective paragraph selected.
|
|
695
|
+
|
|
696
|
+ SELECTION
|
|
697
|
+
|
|
698
|
+ BOX PARAGRAPH
|
|
699
|
+
|
|
700
|
+
|
|
701
|
+
|
|
702
|
+ [ ] A. "THIRD PARTY" means any third party.
|
|
703
|
+
|
|
704
|
+
|
|
705
|
+
|
|
706
|
+[ ] B. "THIRD PARTY" means any third party except for any of the following:
|
|
707
|
+(a) a wholly owned subsidiary of the Subsequent Contributor in question; (b)
|
|
708
|
+a legal entity (the "PARENT") that wholly owns the Subsequent Contributor
|
|
709
|
+in question; or (c) a wholly owned subsidiary of the wholly owned subsidiary
|
|
710
|
+in (a) or of the Parent in (b).
|
|
711
|
+
|
|
712
|
+
|
|
713
|
+
|
|
714
|
+[ ] C. "THIRD PARTY" means any third party except for any of the following:
|
|
715
|
+(a) any Person directly or indirectly owning a majority of the voting interest
|
|
716
|
+in the Subsequent Contributor or (b) any Person in which the Subsequent Contributor
|
|
717
|
+directly or indirectly owns a majority voting interest.
|
|
718
|
+
|
|
719
|
+
|
|
720
|
+
|
|
721
|
+[ ] D. "THIRD PARTY" means any third party except for any Person directly
|
|
722
|
+or indirectly controlled by the Subsequent Contributor. For purposes of this
|
|
723
|
+definition, "control" shall mean the power to direct or cause the direction
|
|
724
|
+of, the management and policies of such Person whether through the ownership
|
|
725
|
+of voting interests, by contract, or otherwise.
|
|
726
|
+
|
|
727
|
+
|
|
728
|
+
|
|
729
|
+[ ] E. "THIRD PARTY" means any third party except for any Person directly
|
|
730
|
+or indirectly controlling, controlled by, or under common control with the
|
|
731
|
+Subsequent Contributor. For purposes of this definition, "control" shall mean
|
|
732
|
+the power to direct or cause the direction of, the management and policies
|
|
733
|
+of such Person whether through the ownership of voting interests, by contract,
|
|
734
|
+or otherwise.
|
|
735
|
+
|
|
736
|
+The default definition of "THIRD PARTY" is the definition set forth in paragraph
|
|
737
|
+A, if NONE OR MORE THAN ONE of paragraphs A, B, C, D or E in this Part 4 are
|
|
738
|
+selected by the Initial Contributor.
|
|
739
|
+
|
|
740
|
+ PART 5: NOTICE
|
|
741
|
+
|
|
742
|
+THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THE ADAPTIVE PUBLIC LICENSE
|
|
743
|
+("LICENSE") AS FIRST COMPLETED BY: ______________________ [Insert the name
|
|
744
|
+of the Initial Contributor here]. ANY USE, PUBLIC DISPLAY, PUBLIC PERFORMANCE,
|
|
745
|
+REPRODUCTION OR DISTRIBUTION OF, OR PREPARATION OF DERIVATIVE WORKS BASED
|
|
746
|
+ON, THE LICENSED WORK CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND
|
|
747
|
+ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE TERMS OF THE LICENSE. "LICENSED
|
|
748
|
+WORK" AND "RECIPIENT" ARE DEFINED IN THE LICENSE. A COPY OF THE LICENSE IS
|
|
749
|
+LOCATED IN THE TEXT FILE ENTITLED "LICENSE.TXT" ACCOMPANYING THE CONTENTS
|
|
750
|
+OF THIS FILE. IF A COPY OF THE LICENSE DOES NOT ACCOMPANY THIS FILE, A COPY
|
|
751
|
+OF THE LICENSE MAY ALSO BE OBTAINED AT THE FOLLOWING WEB SITE: ___________________________________________________[Insert
|
|
752
|
+Initial Contributor's Designated Web Site here]
|
|
753
|
+
|
|
754
|
+Software distributed under the License is distributed on an "AS IS" basis,
|
|
755
|
+WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
|
|
756
|
+the specific language governing rights and limitations under the License.
|
|
757
|
+
|
|
758
|
+ PART 6: PATENT LICENSING TERMS
|
|
759
|
+
|
|
760
|
+For the purposes of this License, paragraphs A, B, C, D and E of this Part
|
|
761
|
+6 of Exhibit A are only incorporated and form part of the terms of the License
|
|
762
|
+if the Initial Contributor places an "X" or "x" in the selection box alongside
|
|
763
|
+the YES answer to the question immediately below.
|
|
764
|
+
|
|
765
|
+ Is this a Patents-Included License pursuant to Section 2.2 of the License?
|
|
766
|
+
|
|
767
|
+
|
|
768
|
+
|
|
769
|
+ YES [ ]
|
|
770
|
+
|
|
771
|
+
|
|
772
|
+
|
|
773
|
+ NO [ ]
|
|
774
|
+
|
|
775
|
+By default, if YES is not selected by the Initial Contributor, the answer
|
|
776
|
+is NO.
|
|
777
|
+
|
|
778
|
+A. For the purposes of the paragraphs in this Part 6 of Exhibit A, "LICENSABLE"
|
|
779
|
+means having the right to grant, to the maximum extent possible, whether at
|
|
780
|
+the time of the initial grant or subsequently acquired, any and all of the
|
|
781
|
+rights granted herein.
|
|
782
|
+
|
|
783
|
+B. The Initial Contributor hereby grants all Recipients a world-wide, royalty-free,
|
|
784
|
+non-exclusive license, subject to third party intellectual property claims,
|
|
785
|
+under patent claim(s) Licensable by the Initial Contributor that are or would
|
|
786
|
+be infringed by the making, using, selling, offering for sale, having made,
|
|
787
|
+importing, exporting, transfer or disposal of such Initial Work or any portion
|
|
788
|
+thereof. Notwithstanding the foregoing, no patent license is granted under
|
|
789
|
+this Paragraph B by the Initial Contributor: (1) for any code that the Initial
|
|
790
|
+Contributor deletes from the Initial Work (or any portion thereof) distributed
|
|
791
|
+by the Initial Contributor prior to such distribution; (2) for any Modifications
|
|
792
|
+made to the Initial Work (or any portion thereof) by any other Person; or
|
|
793
|
+(3) separate from the Initial Work (or portions thereof) distributed or made
|
|
794
|
+available by the Initial Contributor.
|
|
795
|
+
|
|
796
|
+C. Effective upon distribution by a Subsequent Contributor to a Third Party
|
|
797
|
+of any Modifications made by that Subsequent Contributor, such Subsequent
|
|
798
|
+Contributor hereby grants all Recipients a world-wide, royalty-free, non-exclusive
|
|
799
|
+license, subject to third party intellectual property claims, under patent
|
|
800
|
+claim(s) Licensable by such Subsequent Contributor that are or would be infringed
|
|
801
|
+by the making, using, selling, offering for sale, having made, importing,
|
|
802
|
+exporting, transfer or disposal of any such Modifications made by that Subsequent
|
|
803
|
+Contributor alone and/or in combination with its Subsequent Work (or portions
|
|
804
|
+of such combination) to make, use, sell, offer for sale, have made, import,
|
|
805
|
+export, transfer and otherwise dispose of:
|
|
806
|
+
|
|
807
|
+(1) Modifications made by that Subsequent Contributor (or portions thereof);
|
|
808
|
+and
|
|
809
|
+
|
|
810
|
+(2) the combination of Modifications made by that Subsequent Contributor with
|
|
811
|
+its Subsequent Work (or portions of such combination);
|
|
812
|
+
|
|
813
|
+ (collectively and in each case, the "SUBSEQUENT CONTRIBUTOR VERSION").
|
|
814
|
+
|
|
815
|
+Notwithstanding the foregoing, no patent license is granted under this Paragraph
|
|
816
|
+C by such Subsequent Contributor: (1) for any code that such Subsequent Contributor
|
|
817
|
+deletes from the Subsequent Contributor Version (or any portion thereof) distributed
|
|
818
|
+by the Subsequent Contributor prior to such distribution; (2) for any Modifications
|
|
819
|
+made to the Subsequent Contributor Version (or any portion thereof) by any
|
|
820
|
+other Person; or (3) separate from the Subsequent Contributor Version (or
|
|
821
|
+portions thereof) distributed or made available by the Subsequent Contributor.
|
|
822
|
+
|
|
823
|
+D. Effective upon distribution of any Licensed Work by a Distributor to a
|
|
824
|
+Third Party, such Distributor hereby grants all Recipients a world-wide, royalty-free,
|
|
825
|
+non-exclusive license, subject to third party intellectual property claims,
|
|
826
|
+under patent claim(s) Licensable by such Distributor that are or would be
|
|
827
|
+infringed by the making, using, selling, offering for sale, having made, importing,
|
|
828
|
+exporting, transfer or disposal of any such Licensed Work distributed by such
|
|
829
|
+Distributor, to make, use, sell, offer for sale, have made, import, export,
|
|
830
|
+transfer and otherwise dispose of such Licensed Work or portions thereof (collectively
|
|
831
|
+and in each case, the "DISTRIBUTOR VERSION"). Notwithstanding the foregoing,
|
|
832
|
+no patent license is granted under this Paragraph D by such Distributor: (1)
|
|
833
|
+for any code that such Distributor deletes from the Distributor Version (or
|
|
834
|
+any portion thereof) distributed by the Distributor prior to such distribution;
|
|
835
|
+(2) for any Modifications made to the Distributor Version (or any portion
|
|
836
|
+thereof) by any other Person; or (3) separate from the Distributor Version
|
|
837
|
+(or portions thereof) distributed or made available by the Distributor.
|
|
838
|
+
|
|
839
|
+E. If Recipient institutes patent litigation against another Recipient (a
|
|
840
|
+"USER") with respect to a patent applicable to a computer program or software
|
|
841
|
+(including a cross-claim or counterclaim in a lawsuit, and whether or not
|
|
842
|
+any of the patent claims are directed to a system, method, process, apparatus,
|
|
843
|
+device, product, article of manufacture or any other form of patent claim),
|
|
844
|
+then any patent or copyright license granted by that User to such Recipient
|
|
845
|
+under this License or any other copy of this License shall terminate. The
|
|
846
|
+termination shall be effective ninety (90) days after notice of termination
|
|
847
|
+from User to Recipient, unless the Recipient withdraws the patent litigation
|
|
848
|
+claim before the end of the ninety (90) day period. To be effective, any such
|
|
849
|
+notice of license termination must include a specific list of applicable patents
|
|
850
|
+and/or a copy of the copyrighted work of User that User alleges will be infringed
|
|
851
|
+by Recipient upon License termination. License termination is only effective
|
|
852
|
+with respect to patents and/or copyrights for which proper notice has been
|
|
853
|
+given.
|
|
854
|
+
|
|
855
|
+ PART 7: SAMPLE REQUIREMENTS FOR THE DESCRIPTION OF DISTRIBUTED MODIFICATIONS
|
|
856
|
+
|
|
857
|
+Each Subsequent Contributor (including the Initial Contributor where the Initial
|
|
858
|
+Contributor qualifies as a Subsequent Contributor) is invited (but not required)
|
|
859
|
+to cause each Subsequent Work created or contributed to by that Subsequent
|
|
860
|
+Contributor to contain a file documenting the changes such Subsequent Contributor
|
|
861
|
+made to create that Subsequent Work and the date of any change.
|
|
862
|
+
|
|
863
|
+//***EXHIBIT A ENDS HERE.***//
|