Платформа ЦРНП "Мирокод" для разработки проектов
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362 lines
20 KiB
362 lines
20 KiB
OPEN PUBLIC LICENSE |
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Version 1.0 |
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1. Definitions. |
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1.1. "Contributor" means each entity that creates or contributes to the creation |
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of Modifications. |
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1.2. "Contributor Version" means the combination of the Original Code, prior |
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Modifications used by a Contributor, and the Modifications made by that particular |
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Contributor. |
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1.3. "Covered Code" means the Original Code or Modifications or the combination |
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of the Original Code and Modifications, in each case including portions thereof. |
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1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted |
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in the software development community for the electronic transfer of data. |
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1.5. "Executable" means Covered Code in any form other than Source Code. |
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1.6. "Initial Developer" means the individual or entity identified as the |
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Initial Developer in the Source Code notice required by Exhibit A. |
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1.7. "Larger Work" means a work, which combines Covered Code or portions thereof |
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with code not governed by the terms of this License. |
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1.8. "License" means this document and the corresponding addendum described |
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in section 6.4 below. |
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1.9. "Modifications" means any addition to or deletion from the substance |
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or structure of either the Original Code or any previous Modifications. When |
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Covered Code is released as a series of files, a Modification is: |
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A. Any addition to or deletion from the contents of a file containing Original |
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Code or previous Modifications. |
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B. Any new file that contains any part of the Original Code or previous Modifications. |
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1.10. "Original Code" means Source Code of computer software code which is |
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described in the Source Code notice required by Exhibit A as Original Code, |
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and which, at the time of its release under this License is not already Covered |
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Code governed by this License. |
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1.11. "Source Code" means the preferred form of the Covered Code for making |
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modifications to it, including all modules it contains, plus any associated |
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interface definition files, scripts used to control compilation and installation |
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of an Executable, or a list of source code differential comparisons against |
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either the Original Code or another well known, available Covered Code of |
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the Contributor's choice. The Source Code can be in a compressed or archival |
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form, provided the appropriate decompression or de-archiving software is widely |
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available for no charge. |
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1.12. "You" means an individual or a legal entity exercising rights under, |
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and complying with all of the terms of, this License or a future version of |
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this License issued under Section 6.1. For legal entities, "You'' includes |
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any entity which controls, is controlled by, or is under common control with |
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You. For purposes of this definition, "control'' means (a) the power, direct |
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or indirect, to cause the direction or management of such entity, whether |
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by contract or otherwise, or (b) ownership of fifty percent (50%) or more |
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of the outstanding shares or beneficial ownership of such entity. |
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1.13 "License Author" means Lutris Technologies, Inc. |
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2. Source Code License. |
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2.1. The Initial Developer Grant. The Initial Developer hereby grants You |
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a worldwide, royalty-free, non-exclusive license, subject to third party intellectual |
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property claims: |
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(a) under intellectual property rights (other than patent or trademark) to |
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use, reproduce, modify, display, perform, sublicense and distribute the Original |
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Code (or portions thereof) with or without Modifications, or as part of a |
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Larger Work; and |
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(b) under patents now or hereafter owned or controlled by Initial Developer, |
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to make, have made, use and sell (``offer to sell and import'') the Original |
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Code (or portions thereof), but solely to the extent that any such patent |
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is reasonably necessary to enable You to Utilize the Original Code (or portions |
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thereof) and not to any greater extent that may be necessary to Utilize further |
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Modifications or combinations. |
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2.2. Contributor Grant. Each Contributor hereby grants You a worldwide, royalty-free, |
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non-exclusive license, subject to third party intellectual property claims: |
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(a) under intellectual property rights (other than patent or trademark) to |
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use, reproduce, modify, display, perform, sublicense and distribute the Modifications |
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created by such Contributor (or portions thereof) either on an unmodified |
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basis, with other Modifications, as Covered Code or as part of a Larger Work; |
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and |
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(b) under patents now or hereafter owned or controlled by Contributor, to |
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to make, have made, use and sell (``offer to sell and import'') the Contributor |
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Version (or portions thereof), but solely to the extent that any such patent |
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is reasonably necessary to enable You to Utilize the Contributor Version (or |
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portions thereof), and not to any greater extent that may be necessary to |
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Utilize further Modifications or combinations |
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3. Distribution Obligations. |
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3.1. Application of License. The Modifications which You create or to which |
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You contribute are governed by the terms of this License, including without |
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limitation Section 2.2. The Source Code version of Covered Code may be distributed |
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only under the terms of this License or a future version of this License released |
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under Section 6.1, and You must include a copy of this License with every |
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copy of the Source Code You distribute. You may not offer or impose any terms |
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on any Source Code version that alters or restricts the applicable version |
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of this License or the recipients' rights hereunder. However, You may include |
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an additional document offering the additional rights described in Section |
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3.5. |
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3.2. Availability of Source Code. Any Modification which You create or to |
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which You contribute must be made available, prior to any use, except for |
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internal development and practice, in Source Code form under the terms of |
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this License either on the same media as an Executable version or via an accepted |
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Electronic Distribution Mechanism to anyone to whom you made an Executable |
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version available; and if made available via Electronic Distribution Mechanism, |
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must remain available for at least twelve (12) months after the date it initially |
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became available, or at least six (6) months after a subsequent version of |
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that particular Modification has been made available to such recipients. You |
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shall notify the Initial Developer of the Modification and the location of |
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the Source Code via the contact means provided for in the Developer Specific |
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license. Initial Developer will be acting as maintainer of the Source Code |
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and may provide an Electronic Distribution mechanism for the Modification |
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to be made available. |
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3.3. Description of Modifications. You must cause all Covered Code to which |
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you contribute to contain a file documenting the changes You made to create |
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that Covered Code and the date of any change. You must include a prominent |
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statement that the Modification is derived, directly or indirectly, from Original |
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Code provided by the Initial Developer and including the name of the Initial |
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Developer in (a) the Source Code, and (b) in any notice in an Executable version |
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or related documentation in which You describe the origin or ownership of |
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the Covered Code. |
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3.4. Intellectual Property Matters |
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(a) Third Party Claims. If You have knowledge that a party claims an intellectual |
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property right in particular functionality or code (or its utilization under |
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this License), you must include a text file with the source code distribution |
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titled "LEGAL" which describes the claim and the party making the claim in |
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sufficient detail that a recipient will know whom to contact. If you obtain |
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such knowledge after You make Your Modification available as described in |
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Section 3.2, You shall promptly modify the LEGAL file in all copies You make |
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available thereafter and shall take other steps (such as notifying appropriate |
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mailing lists or newsgroups) reasonably calculated to inform those who received |
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the Covered Code that new knowledge has been obtained. |
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(b) Representations. Contributor represents that, except as disclosed pursuant |
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to Section 3.4(a) above, Contributor believes that Contributor's Modifications |
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are Contributor's original creation(s) and/or Contributor has sufficient rights |
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to grant the rights conveyed by this License. |
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3.5. Required Notices. You must duplicate the notice in Exhibit A in each |
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file of the Source Code, and this License in any documentation for the Source |
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Code, where You describe recipients' rights relating to Covered Code. If You |
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created one or more Modification(s), You may add your name as a Contributor |
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to the notice described in Exhibit A. If it is not possible to put such notice |
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in a particular Source Code file due to its structure, then you must include |
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such notice in a location (such as a relevant directory file) where a user |
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would be likely to look for such a notice. You may choose to offer, and to |
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charge a fee for, warranty, support, indemnity or liability obligations to |
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one or more recipients of Covered Code. However, You may do so only on Your |
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own behalf, and not on behalf of the Initial Developer or any Contributor. |
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You must make it absolutely clear that any such warranty, support, indemnity |
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or liability obligation is offered by You alone, and You hereby agree to indemnify |
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the Initial Developer and every Contributor for any liability incurred by |
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the Initial Developer or such Contributor as a result of warranty, support, |
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indemnity or liability terms You offer. |
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3.6. Distribution of Executable Versions. You may distribute Covered Code |
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in Executable form only if the requirements of Section 3.1-3.5 have been met |
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for that Covered Code, and if You include a notice stating that the Source |
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Code version of the Covered Code is available under the terms of this License, |
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including a description of how and where You have fulfilled the obligations |
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of Section 3.2. The notice must be conspicuously included in any notice in |
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an Executable version, related documentation or collateral in which You describe |
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recipients' rights relating to the Covered Code. You may distribute the Executable |
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version of Covered Code under a license of Your choice, which may contain |
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terms different from this License, provided that You are in compliance with |
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the terms of this License and that the license for the Executable version |
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does not attempt to limit or alter the recipient's rights in the Source Code |
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version from the rights set forth in this License. If You distribute the Executable |
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version under a different license You must make it absolutely clear that any |
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terms which differ from this License are offered by You alone, not by the |
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Initial Developer or any Contributor. You hereby agree to indemnify the Initial |
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Developer and every Contributor for any liability incurred by the Initial |
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Developer or such Contributor as a result of any such terms You offer. If |
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you distribute executable versions containing Covered Code, you must reproduce |
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the notice in Exhibit B in the documentation and/or other materials provided |
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with the product. |
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3.7. Larger Works. You may create a Larger Work by combining Covered Code |
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with other code not governed by the terms of this License and distribute the |
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Larger Work as a single product. In such a case, You must make sure the requirements |
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of this License are fulfilled for the Covered Code. |
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4. Inability to Comply Due to Statute or Regulation. |
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If it is impossible for You to comply with any of the terms of this License |
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with respect to some or all of the Covered Code due to statute or regulation |
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then You must: (a) comply with the terms of this License to the maximum extent |
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possible; and (b) Cite all of the statutes or regulations that prohibit you |
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from complying fully with this license. (c) describe the limitations and the |
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code they affect. Such description must be included in the LEGAL file described |
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in Section 3.4 and must be included with all distributions of the Source Code. |
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Except to the extent prohibited by statute or regulation, such description |
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must be sufficiently detailed for a recipient of ordinary skill to be able |
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to understand it. |
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5. Application of this License. |
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This License applies to code to which the Initial Developer has attached the |
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notice in Exhibit A, and to related Covered Code. |
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6. Versions of the License. |
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6.1. New Versions. License Author may publish revised and/or new versions |
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of the License from time to time. Each version will be given a distinguishing |
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version number and shall be submitted to opensource.org for certification. |
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6.2. Effect of New Versions. Once Covered Code has been published under a |
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particular version of the License, You may always continue to use it under |
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the terms of that version. You may also choose to use such Covered Code under |
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the terms of any subsequent version of the License published by Initial Developer. |
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No one other than Initial Developer has the right to modify the terms applicable |
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to Covered Code created under this License. |
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6.3. Derivative Works. If you create or use a modified version of this License, |
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except in association with the required Developer Specific License described |
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in section 6.4, (which you may only do in order to apply it to code which |
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is not already Covered Code governed by this License), you must (a) rename |
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Your license so that the phrases ``Open'', ``OpenPL'', ``OPL'' or any confusingly |
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similar phrase do not appear anywhere in your license and (b) otherwise make |
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it clear that your version of the license contains terms which differ from |
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the Open Public License. (Filling in the name of the Initial Developer, Original |
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Code or Contributor in the notice described in Exhibit A shall not of themselves |
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be deemed to be modifications of this License.) |
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6.4. Required Additional Developer Specific License |
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This license is a union of the following two parts that should be found as |
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text files in the same place (directory), in the order of preeminence: |
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[1] A Developer specific license. |
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[2] The contents of this file OPL_1_0.TXT, stating the general licensing policy |
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of the software. |
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In case of conflicting dispositions in the parts of this license, the terms |
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of the lower-numbered part will always be superseded by the terms of the higher |
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numbered part. |
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7. DISCLAIMER OF WARRANTY. |
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COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY |
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OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES |
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THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR |
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PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE |
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OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN |
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ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME |
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THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER |
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OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED |
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CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. |
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8. TERMINATION. |
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8.1 Termination upon Breach |
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This License and the rights granted hereunder will terminate automatically |
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if You fail to comply with terms herein and fail to cure such breach within |
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30 days of becoming aware of the breach. All sublicenses to the Covered Code, |
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which are properly granted, shall survive any termination of this License. |
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Provisions that, by their nature, must remain in effect beyond the termination |
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of this License shall survive. |
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8.2. Termination Upon Litigation. If You initiate litigation by asserting |
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a patent infringement claim (excluding declatory judgment actions) against |
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Initial Developer or a Contributor (the Initial Developer or Contributor against |
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whom You file such action is referred to as "Participant") alleging that: |
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(a) such Participant's Contributor Version directly or indirectly infringes |
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any patent, then any and all rights granted by such Participant to You under |
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Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant |
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terminate prospectively, unless if within 60 days after receipt of notice |
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You either: (i) agree in writing to pay Participant a mutually agreeable reasonable |
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royalty for Your past and future use of Modifications made by such Participant, |
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or (ii) withdraw Your litigation claim with respect to the Contributor Version |
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against such Participant. If within 60 days of notice, a reasonable royalty |
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and payment arrangement are not mutually agreed upon in writing by the parties |
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or the litigation claim is not withdrawn, the rights granted by Participant |
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to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration |
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of the 60 day notice period specified above. |
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(b) any software, hardware, or device, other than such Participant's Contributor |
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Version, directly or indirectly infringes any patent, then any rights granted |
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to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective |
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as of the date You first made, used, sold, distributed, or had made, Modifications |
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made by that Participant. |
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8.3. If You assert a patent infringement claim against Participant alleging |
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that such Participant's Contributor Version directly or indirectly infringes |
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any patent where such claim is resolved (such as by license or settlement) |
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prior to the initiation of patent infringement litigation, then the reasonable |
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value of the licenses granted by such Participant under Sections 2.1 or 2.2 |
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shall be taken into account in determining the amount or value of any payment |
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or license. |
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8.4. In the event of termination under Sections 8.1 or 8.2 above, all end |
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user license agreements (excluding distributors and resellers) which have |
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been validly granted by You or any distributor hereunder prior to termination |
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shall survive termination. |
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9. LIMITATION OF LIABILITY. |
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING |
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NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER |
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CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF |
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SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, |
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INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, |
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DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, |
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OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL |
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HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF |
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LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING |
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FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. |
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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL |
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OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO |
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YOU. |
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10. U.S. GOVERNMENT END USERS. |
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The Covered Code is a ``commercial item,'' as that term is defined in 48 C.F.R. |
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2.101 (Oct. 1995), consisting of ``commercial computer software'' and ``commercial |
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computer software documentation,'' as such terms are used in 48 C.F.R. 12.212 |
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(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through |
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227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code |
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with only those rights set forth herein. |
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11. MISCELLANEOUS. |
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his section was intentionally left blank. The contents of this section are |
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found in the corresponding addendum described above. |
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12. RESPONSIBILITY FOR CLAIMS. |
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Except in cases where another Contributor has failed to comply with Section |
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3.4, You are responsible for damages arising, directly or indirectly, out |
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of Your utilization of rights under this License, based on the number of copies |
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of Covered Code you made available, the revenues you received from utilizing |
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such rights, and other relevant factors. You agree to work with affected parties |
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to distribute with Initial Developer responsibility on an equitable basis. |
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EXHIBIT A. |
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Text for this Exhibit A is found in the corresponding addendum, described |
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in section 6.4 above, text file provided by the Initial Developer. This license |
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is not valid or complete with out that file. |
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EXHIBIT B. |
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Text for this Exhibit B is found in the corresponding addendum, described |
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in section 6.4 above, text file provided by the Initial Developer. This license |
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is not valid or complete with out that file.
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