Платформа ЦРНП "Мирокод" для разработки проектов
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863 lines
45 KiB
ADAPTIVE PUBLIC LICENSE |
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Version 1.0 |
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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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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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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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1. DEFINITIONS. |
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1.1. "CONTRIBUTION" means: |
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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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(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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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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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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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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1.5. "EXECUTABLE" means the Licensed Work in any form other than Source Code. |
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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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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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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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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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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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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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1.12. "LICENSE NOTICE" has the meaning assigned in Part 5 of Exhibit A. |
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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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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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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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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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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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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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(a) the Initial Work; |
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(b) any other Subsequent Work; or |
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(c) to any combination of the Initial Work and any such other Subsequent Work; |
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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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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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1.20. "THIRD PARTY" has the meaning assigned in Part 4 of Exhibit A. |
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2. LICENSE. |
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2.1. COPYRIGHT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS. |
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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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(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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(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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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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(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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(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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(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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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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2.2. PATENT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS. |
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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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(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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(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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(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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2.3. ACKNOWLEDGEMENT AND DISCLAIMER. |
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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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2.4. RESERVATION. |
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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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3. DISTRIBUTION OBLIGATIONS. |
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3.1. DISTRIBUTION GENERALLY. |
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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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(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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3.2. EXECUTABLE DISTRIBUTIONS OF THE LICENSED WORK. |
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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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(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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(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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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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3.3. SOURCE CODE DISTRIBUTIONS. |
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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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3.4. REQUIRED NOTICES IN SOURCE CODE. |
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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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3.5. NO DISTRIBUTION REQUIREMENTS FOR INTERNALLY USED MODIFICATIONS. |
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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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3.6. INDEPENDENT MODULES. |
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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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3.7. LARGER WORKS. |
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Any Distributor or Recipient may create or contribute to a Larger Work by |
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combining any of the Licensed Work with other code not governed by the terms |
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of this License, and may distribute the Larger Work as one or more products. |
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However, in any such case, Distributor or Recipient (as the case may be) must |
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make sure that the requirements of this License are fulfilled for the Licensed |
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Work portion of the Larger Work. |
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3.8. DESCRIPTION OF DISTRIBUTED MODIFICATIONS. |
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(a) Each Subsequent Contributor (including the Initial Contributor where the |
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Initial Contributor also qualifies as a Subsequent Contributor) must cause |
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each Subsequent Work created or contributed to by that Subsequent Contributor |
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to contain a file documenting the changes, in accordance with the requirements |
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of Part 1 of the Supplement File, that such Subsequent Contributor made in |
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the creation or contribution to that Subsequent Work. If no Supplement File |
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exists or no requirements are set out in Part 1 of the Supplement File, then |
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there are no requirements for Subsequent Contributors to document changes |
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that they make resulting in Subsequent Works. |
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(b) The Initial Contributor may at any time introduce requirements or add |
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to or change earlier requirements (in each case, the "EARLIER DESCRIPTION |
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REQUIREMENTS") for documenting changes resulting in Subsequent Works by revising |
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Part 1 of each copy of the Supplement File distributed by the Initial Contributor |
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with future copies of the Licensed Work so that Part 1 then contains new requirements |
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(the "NEW DESCRIPTION REQUIREMENTS") for documenting such changes. |
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(c) Any Recipient receiving at any time any copy of an Initial Work or any |
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Subsequent Work under a copy of this License (in each case, an "Earlier LICENSED |
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COPY") having the Earlier Description Requirements may choose, with respect |
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to each such Earlier Licensed Copy, to comply with the Earlier Description |
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Requirements or the New Description Requirements. Where a Recipient chooses |
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to comply with the New Description Requirements, that Recipient will, when |
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thereafter distributing any copies of any such Earlier Licensed Copy, include |
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a Supplement File having a section entitled Part 1 that contains a copy of |
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the New Description Requirements. |
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(d) For greater certainty, the intent of Part 1 of the Supplement File is |
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to provide a mechanism (if any) by which Subsequent Contributors must document |
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changes that they make to the Licensed Work resulting in Subsequent Works. |
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Part 1 of any Supplement File shall not be used to increase or reduce the |
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scope of the license granted in Article 2 of this License or in any other |
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way increase or decrease the rights and obligations of any Recipient, and |
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shall at no time serve as the basis for terminating the License. Further, |
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a Recipient can be required to correct and change its documentation procedures |
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to comply with Part 1 of the Supplement File, but cannot be penalised with |
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damages. Part 1 of any Supplement File is only binding on each Recipient of |
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any Licensed Work to the extent Part 1 sets out the requirements for documenting |
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changes to the Initial Work or any Subsequent Work. |
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(e) An example of a set of requirements for documenting changes and contributions |
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made by Subsequent Contributor is set out in Part 7 of Exhibit A of this License. |
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Part 7 is a sample only and is not binding on Recipients, unless (subject |
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to the earlier paragraphs of this Section 3.8) those are the requirements |
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that the Initial Contributor includes in Part 1 of the Supplement File with |
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the copies of the Initial Work distributed under this License. |
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3.9. USE OF DISTRIBUTOR NAME. |
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The name of a Distributor may not be used by any other Distributor to endorse |
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or promote the Licensed Work or products derived from the Licensed Work, without |
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prior written permission. |
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3.10. LIMITED RECOGNITION OF INITIAL CONTRIBUTOR. |
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(a) As a modest attribution to the Initial Contributor, in the hope that its |
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promotional value may help justify the time, money and effort invested in |
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writing the Initial Work, the Initial Contributor may include in Part 2 of |
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the Supplement File a requirement that each time an executable program resulting |
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from the Initial Work or any Subsequent Work, or a program dependent thereon, |
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is launched or run, a prominent display of the Initial Contributor's attribution |
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information must occur (the "ATTRIBUTION INFORMATION"). The Attribution Information |
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must be included at the beginning of each Source Code file. For greater certainty, |
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the Initial Contributor may specify in the Supplement File that the above |
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attribution requirement only applies to an executable program resulting from |
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the Initial Work or any Subsequent Work, but not a program dependent thereon. |
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The intent is to provide for reasonably modest attribution, therefore the |
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Initial Contributor may not require Recipients to display, at any time, more |
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than the following Attribution Information: (a) a copyright notice including |
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the name of the Initial Contributor; (b) a word or one phrase (not exceeding |
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10 words); (c) one digital image or graphic provided with the Initial Work; |
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and (d) a URL (collectively, the "ATTRIBUTION LIMITS"). |
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(b) If no Supplement File exists, or no Attribution Information is set out |
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in Part 2 of the Supplement File, then there are no requirements for Recipients |
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to display any Attribution Information of the Initial Contributor. |
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(c) Each Recipient acknowledges that all trademarks, service marks and/or |
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trade names contained within Part 2 of the Supplement File distributed with |
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the Licensed Work are the exclusive property of the Initial Contributor and |
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may only be used with the permission of the Initial Contributor, or under |
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circumstances otherwise permitted by law, or as expressly set out in this |
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License. |
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3.11. For greater certainty, any description or attribution provisions contained |
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within a Supplement File may only be used to specify the nature of the description |
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or attribution requirements, as the case may be. Any provision in a Supplement |
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File that otherwise purports to modify, vary, nullify or amend any right, |
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obligation or representation contained herein shall be deemed void to that |
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extent, and shall be of no force or effect. |
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4. COMMERCIAL USE AND INDEMNITY. |
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4.1. COMMERCIAL SERVICES. |
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A Recipient ("COMMERCIAL RECIPIENT") may choose to offer, and to charge a |
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fee for, warranty, support, indemnity or liability obligations (collectively, |
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"SERVICES") to one or more other Recipients or Distributors. However, such |
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Commercial Recipient may do so only on that Commercial Recipient's own behalf, |
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and not on behalf of any other Distributor or Recipient, and Commercial Recipient |
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must make it clear than any such warranty, support, indemnity or liability |
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obligation(s) is/are offered by Commercial Recipient alone. At no time may |
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Commercial Recipient use any Services to deny any party the Licensed Work |
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in Source Code or Executable form when so required under any of the other |
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terms of this License. For greater certainty, this Section 4.1 does not diminish |
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any of the other terms of this License, including without limitation the obligation |
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of the Commercial Recipient as a Distributor, when distributing any of the |
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Licensed Work in Source Code or Executable form, to make such distribution |
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royalty-free (subject to the right to charge a fee of no more than the cost |
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of physically performing Source Code or Executable distribution (as the case |
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may be)). |
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4.2. INDEMNITY. |
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Commercial distributors of software may accept certain responsibilities with |
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respect to end users, business partners and the like. While this License is |
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intended to facilitate the commercial use of the Licensed Work, the Distributor |
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who includes any of the Licensed Work in a commercial product offering should |
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do so in a manner which does not create potential liability for other Distributors. |
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Therefore, if a Distributor includes the Licensed Work in a commercial product |
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offering or offers any Services, such Distributor ("COMMERCIAL DISTRIBUTOR") |
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hereby agrees to defend and indemnify every other Distributor or Subsequent |
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Contributor (in each case an "INDEMNIFIED PARTY") against any losses, damages |
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and costs (collectively "LOSSES") arising from claims, lawsuits and other |
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legal actions brought by a third party against the Indemnified Party to the |
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extent caused by the acts or omissions of such Commercial Distributor in connection |
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with its distribution of any of the Licensed Work in a commercial product |
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offering or in connection with any Services. The obligations in this section |
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do not apply to any claims or Losses relating to any actual or alleged intellectual |
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property infringement. In order to qualify, an Indemnified Party must: (a) |
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promptly notify the Commercial Distributor in writing of such claim; and (b) |
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allow the Commercial Distributor to control, and co-operate with the Commercial |
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Distributor in, the defense and any related settlement negotiations. The Indemnified |
|
Party may participate in any such claim at its own expense. |
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5. VERSIONS OF THE LICENSE. |
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5.1. NEW VERSIONS. |
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|
The Initial Contributor may publish revised and/or new versions of the License |
|
from time to time. Each version will be given a distinguishing version number. |
|
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5.2. EFFECT OF NEW VERSIONS. |
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|
|
Once the Licensed Work or any portion thereof has been published by Initial |
|
Contributor under a particular version of the License, Recipient may choose |
|
to continue to use it under the terms of that version. However, if a Recipient |
|
chooses to use the Licensed Work under the terms of any subsequent version |
|
of the License published by the Initial Contributor, then from the date of |
|
making this choice, the Recipient must comply with the terms of that subsequent |
|
version with respect to all further reproduction, preparation of derivative |
|
works, public display of, public performance of, distribution and sublicensing |
|
by the Recipient in connection with the Licensed Work. No one other than the |
|
Initial Contributor has the right to modify the terms applicable to the Licensed |
|
Work |
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|
6. DISCLAIMER OF WARRANTY. |
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|
6.1. GENERAL DISCLAIMER. |
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|
|
EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE LICENSED WORK IS PROVIDED |
|
UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, |
|
GUARANTEE, ASSURANCE OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, |
|
INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, |
|
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO |
|
THE QUALITY AND PERFORMANCE OF THE LICENSED WORK IS WITH RECIPIENT. SHOULD |
|
ANY LICENSED WORK PROVE DEFECTIVE IN ANY RESPECT, RECIPIENT (NOT THE INITIAL |
|
CONTRIBUTOR OR ANY SUBSEQUENT CONTRIBUTOR) ASSUMES THE COST OF ANY NECESSARY |
|
SERVICING, REPAIR OR CORRECTION. THIS CLAUSE CONSTITUTES AN ESSENTIAL PART |
|
OF THIS LICENSE. NO USE OF ANY LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT |
|
UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION THIS DISCLAIMER. |
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6.2. RESPONSIBILITY OF RECIPIENTS. |
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|
Each Recipient is solely responsible for determining the appropriateness of |
|
using and distributing the Licensed Work and assumes all risks associated |
|
with its exercise of rights under this License, including but not limited |
|
to the risks and costs of program errors, compliance with applicable laws, |
|
damage to or loss of data, programs or equipment, and unavailability or interruption |
|
of operations. |
|
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7. TERMINATION. |
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7.1. This License shall continue until terminated in accordance with the express |
|
terms herein. |
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7.2. Recipient may choose to terminate this License automatically at any time. |
|
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|
7.3. This License, including without limitation the rights granted hereunder |
|
to a particular Recipient, will terminate automatically if such Recipient |
|
is in material breach of any of the terms of this License and fails to cure |
|
such breach within sixty (60) days of becoming aware of the breach. Without |
|
limiting the foregoing, any material breach by such Recipient of any term |
|
of any other License under which such Recipient is granted any rights to the |
|
Licensed Work shall constitute a material breach of this License. |
|
|
|
7.4. Upon termination of this License by or with respect to a particular Recipient |
|
for any reason, all rights granted hereunder and under any other License to |
|
that Recipient shall terminate. However, all sublicenses to the Licensed Work |
|
which were previously properly granted by such Recipient under a copy of this |
|
License (in each case, an "Other License" and in plural, "Other Licenses") |
|
shall survive any such termination of this License, including without limitation |
|
the rights and obligations under such Other Licenses as set out in their respective |
|
Sections 2, 3, 4, 5, 6, 7 and 8, mutatis mutandis, for so long as the respective |
|
sublicensees (i.e. other Recipients) remain in compliance with the terms of |
|
the copy of this License under which such sublicensees received rights to |
|
the Licensed Work. Any termination of such Other Licenses shall be pursuant |
|
to their respective Section 7, mutatis mutandis. Provisions which, by their |
|
nature, must remain in effect beyond the termination of this License shall |
|
survive. |
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|
7.5. Upon any termination of this License by or with respect to a particular |
|
Recipient, Sections 4.1, 4.2, 6.1, 6.2, 7.4, 7.5, 8.1, and 8.2, together with |
|
all provisions of this License necessary for the interpretation and enforcement |
|
of same, shall expressly survive such termination. |
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8. LIMITATION OF LIABILITY. |
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8.1. IN NO EVENT SHALL ANY OF INITIAL CONTRIBUTOR, ITS SUBSIDIARIES, OR AFFILIATES, |
|
OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS |
|
(AS THE CASE MAY BE), HAVE ANY LIABILITY FOR ANY DIRECT DAMAGES, INDIRECT |
|
DAMAGES, PUNITIVE DAMAGES, INCIDENTAL DAMAGES, SPECIAL DAMAGES, EXEMPLARY |
|
DAMAGES, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING |
|
WITHOUT LIMITATION LOSS OF USE, DATA OR PROFITS, OR ANY OTHER LOSS ARISING |
|
OUT OF OR IN ANY WAY RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, |
|
PERFORMANCE, OR NON-PERFORMANCE OF THE LICENSED WORK OR ANY PART THEREOF OR |
|
THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR THAT RESULT FROM |
|
ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER |
|
FAILURE OF PERFORMANCE), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER |
|
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) |
|
IN RELATION TO OR ARISING IN ANY WAY OUT OF THIS LICENSE OR THE USE OR DISTRIBUTION |
|
OF THE LICENSED WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN |
|
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY |
|
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH |
|
PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. |
|
THIS CLAUSE CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY LICENSED |
|
WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION |
|
THE LIMITATIONS SET FORTH IN THIS SECTION 8.1. |
|
|
|
8.2. EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, EACH RECIPIENT SHALL NOT |
|
HAVE ANY LIABILITY FOR ANY EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING |
|
WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, |
|
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) |
|
ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE LICENSED WORK OR |
|
THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY |
|
OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY |
|
FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE |
|
EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. |
|
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|
9. GOVERNING LAW AND LEGAL ACTION. |
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|
|
9.1. This License shall be governed by and construed in accordance with the |
|
laws of the Governing Jurisdiction assigned in Part 3 of Exhibit A, without |
|
regard to its conflict of law provisions. No party may bring a legal action |
|
under this License more than one year after the cause of the action arose. |
|
Each party waives its rights (if any) to a jury trial in any litigation arising |
|
under this License. Note that if the Governing Jurisdiction is not assigned |
|
in Part 3 of Exhibit A, then the Governing Jurisdiction shall be the State |
|
of New York. |
|
|
|
9.2. The courts of the Governing Jurisdiction shall have jurisdiction, but |
|
not exclusive jurisdiction, to entertain and determine all disputes and claims, |
|
whether for specific performance, injunction, damages or otherwise, both at |
|
law and in equity, arising out of or in any way relating to this License, |
|
including without limitation, the legality, validity, existence and enforceability |
|
of this License. Each party to this License hereby irrevocably attorns to |
|
and accepts the jurisdiction of the courts of the Governing Jurisdiction for |
|
such purposes. |
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|
|
9.3. Except as expressly set forth elsewhere herein, in the event of any action |
|
or proceeding brought by any party against another under this License the |
|
prevailing party shall be entitled to recover all costs and expenses including |
|
the fees of its attorneys in such action or proceeding in such amount as the |
|
court may adjudge reasonable. |
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|
10. MISCELLANEOUS. |
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|
|
10.1. The obligations imposed by this License are for the benefit of the Initial |
|
Contributor and any Recipient, and each Recipient acknowledges and agrees |
|
that the Initial Contributor and/or any other Recipient may enforce the terms |
|
and conditions of this License against any Recipient. |
|
|
|
10.2. This License represents the complete agreement concerning subject matter |
|
hereof, and supersedes and cancels all previous oral and written communications, |
|
representations, agreements and understandings between the parties with respect |
|
to the subject matter hereof. |
|
|
|
10.3. The application of the United Nations Convention on Contracts for the |
|
International Sale of Goods is expressly excluded. |
|
|
|
10.4. The language in all parts of this License shall be in all cases construed |
|
simply according to its fair meaning, and not strictly for or against any |
|
of the parties hereto. Any law or regulation which provides that the language |
|
of a contract shall be construed against the drafter shall not apply to this |
|
License. |
|
|
|
10.5. If any provision of this License is invalid or unenforceable under the |
|
laws of the Governing Jurisdiction, it shall not affect the validity or enforceability |
|
of the remainder of the terms of this License, and without further action |
|
by the parties hereto, such provision shall be reformed to the minimum extent |
|
necessary to make such provision valid and enforceable. |
|
|
|
10.6. The paragraph headings of this License are for reference and convenience |
|
only and are not a part of this License, and they shall have no effect upon |
|
the construction or interpretation of any part hereof. |
|
|
|
10.7. Each of the terms "including", "include" and "includes", when used in |
|
this License, is not limiting whether or not non-limiting language (such as |
|
"without limitation" or "but not limited to" or words of similar import) is |
|
used with reference thereto. |
|
|
|
10.8. The parties hereto acknowledge they have expressly required that this |
|
License and notices relating thereto be drafted in the English language. //***THE |
|
LICENSE TERMS END HERE (OTHER THAN AS SET OUT IN EXHIBIT A).***// |
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|
|
EXHIBIT A (to the Adaptive Public License) |
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|
PART 1: INITIAL CONTRIBUTOR AND DESIGNATED WEB SITE |
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|
The Initial Contributor is: |
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________________________________________________ |
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|
|
[Enter full name of Initial Contributor] |
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|
Address of Initial Contributor: |
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|
________________________________________________ |
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|
________________________________________________ |
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|
________________________________________________ |
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|
[Enter address above] |
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|
The Designated Web Site is: |
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|
________________________________________________ |
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|
|
[Enter URL for Designated Web Site of Initial Contributor] |
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|
NOTE: The Initial Contributor is to complete this Part 1, along with Parts |
|
2, 3, and 5, and, if applicable, Parts 4 and 6. |
|
|
|
PART 2: INITIAL WORK |
|
|
|
The Initial Work comprises the computer program(s) distributed by the Initial |
|
Contributor having the following title(s): _______________________________________________. |
|
|
|
The date on which the Initial Work was first available under this License: |
|
_________________ |
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|
|
PART 3: GOVERNING JURISDICTION |
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|
|
For the purposes of this License, the Governing Jurisdiction is _________________________________________________. |
|
[Initial Contributor to Enter Governing Jurisdiction here] |
|
|
|
PART 4: THIRD PARTIES |
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|
|
For the purposes of this License, "Third Party" has the definition set forth |
|
below in the ONE paragraph selected by the Initial Contributor from paragraphs |
|
A, B, C, D and E when the Initial Work is distributed or otherwise made available |
|
by the Initial Contributor. To select one of the following paragraphs, the |
|
Initial Contributor must place an "X" or "x" in the selection box alongside |
|
the one respective paragraph selected. |
|
|
|
SELECTION |
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|
BOX PARAGRAPH |
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[ ] A. "THIRD PARTY" means any third party. |
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|
[ ] B. "THIRD PARTY" means any third party except for any of the following: |
|
(a) a wholly owned subsidiary of the Subsequent Contributor in question; (b) |
|
a legal entity (the "PARENT") that wholly owns the Subsequent Contributor |
|
in question; or (c) a wholly owned subsidiary of the wholly owned subsidiary |
|
in (a) or of the Parent in (b). |
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|
[ ] C. "THIRD PARTY" means any third party except for any of the following: |
|
(a) any Person directly or indirectly owning a majority of the voting interest |
|
in the Subsequent Contributor or (b) any Person in which the Subsequent Contributor |
|
directly or indirectly owns a majority voting interest. |
|
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|
[ ] D. "THIRD PARTY" means any third party except for any Person directly |
|
or indirectly controlled by the Subsequent Contributor. For purposes of this |
|
definition, "control" shall mean the power to direct or cause the direction |
|
of, the management and policies of such Person whether through the ownership |
|
of voting interests, by contract, or otherwise. |
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|
[ ] E. "THIRD PARTY" means any third party except for any Person directly |
|
or indirectly controlling, controlled by, or under common control with the |
|
Subsequent Contributor. For purposes of this definition, "control" shall mean |
|
the power to direct or cause the direction of, the management and policies |
|
of such Person whether through the ownership of voting interests, by contract, |
|
or otherwise. |
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|
The default definition of "THIRD PARTY" is the definition set forth in paragraph |
|
A, if NONE OR MORE THAN ONE of paragraphs A, B, C, D or E in this Part 4 are |
|
selected by the Initial Contributor. |
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|
PART 5: NOTICE |
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|
|
THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THE ADAPTIVE PUBLIC LICENSE |
|
("LICENSE") AS FIRST COMPLETED BY: ______________________ [Insert the name |
|
of the Initial Contributor here]. ANY USE, PUBLIC DISPLAY, PUBLIC PERFORMANCE, |
|
REPRODUCTION OR DISTRIBUTION OF, OR PREPARATION OF DERIVATIVE WORKS BASED |
|
ON, THE LICENSED WORK CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND |
|
ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE TERMS OF THE LICENSE. "LICENSED |
|
WORK" AND "RECIPIENT" ARE DEFINED IN THE LICENSE. A COPY OF THE LICENSE IS |
|
LOCATED IN THE TEXT FILE ENTITLED "LICENSE.TXT" ACCOMPANYING THE CONTENTS |
|
OF THIS FILE. IF A COPY OF THE LICENSE DOES NOT ACCOMPANY THIS FILE, A COPY |
|
OF THE LICENSE MAY ALSO BE OBTAINED AT THE FOLLOWING WEB SITE: ___________________________________________________[Insert |
|
Initial Contributor's Designated Web Site here] |
|
|
|
Software distributed under the License is distributed on an "AS IS" basis, |
|
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for |
|
the specific language governing rights and limitations under the License. |
|
|
|
PART 6: PATENT LICENSING TERMS |
|
|
|
For the purposes of this License, paragraphs A, B, C, D and E of this Part |
|
6 of Exhibit A are only incorporated and form part of the terms of the License |
|
if the Initial Contributor places an "X" or "x" in the selection box alongside |
|
the YES answer to the question immediately below. |
|
|
|
Is this a Patents-Included License pursuant to Section 2.2 of the License? |
|
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YES [ ] |
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NO [ ] |
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|
By default, if YES is not selected by the Initial Contributor, the answer |
|
is NO. |
|
|
|
A. For the purposes of the paragraphs in this Part 6 of Exhibit A, "LICENSABLE" |
|
means having the right to grant, to the maximum extent possible, whether at |
|
the time of the initial grant or subsequently acquired, any and all of the |
|
rights granted herein. |
|
|
|
B. The Initial Contributor hereby grants all Recipients a world-wide, royalty-free, |
|
non-exclusive license, subject to third party intellectual property claims, |
|
under patent claim(s) Licensable by the Initial Contributor that are or would |
|
be infringed by the making, using, selling, offering for sale, having made, |
|
importing, exporting, transfer or disposal of such Initial Work or any portion |
|
thereof. Notwithstanding the foregoing, no patent license is granted under |
|
this Paragraph B by the Initial Contributor: (1) for any code that the Initial |
|
Contributor deletes from the Initial Work (or any portion thereof) distributed |
|
by the Initial Contributor prior to such distribution; (2) for any Modifications |
|
made to the Initial Work (or any portion thereof) by any other Person; or |
|
(3) separate from the Initial Work (or portions thereof) distributed or made |
|
available by the Initial Contributor. |
|
|
|
C. Effective upon distribution by a Subsequent Contributor to a Third Party |
|
of any Modifications made by that Subsequent Contributor, such Subsequent |
|
Contributor hereby grants all Recipients a world-wide, royalty-free, non-exclusive |
|
license, subject to third party intellectual property claims, under patent |
|
claim(s) Licensable by such Subsequent Contributor that are or would be infringed |
|
by the making, using, selling, offering for sale, having made, importing, |
|
exporting, transfer or disposal of any such Modifications made by that Subsequent |
|
Contributor alone and/or in combination with its Subsequent Work (or portions |
|
of such combination) to make, use, sell, offer for sale, have made, import, |
|
export, transfer and otherwise dispose of: |
|
|
|
(1) Modifications made by that Subsequent Contributor (or portions thereof); |
|
and |
|
|
|
(2) the combination of Modifications made by that Subsequent Contributor with |
|
its Subsequent Work (or portions of such combination); |
|
|
|
(collectively and in each case, the "SUBSEQUENT CONTRIBUTOR VERSION"). |
|
|
|
Notwithstanding the foregoing, no patent license is granted under this Paragraph |
|
C by such Subsequent Contributor: (1) for any code that such Subsequent Contributor |
|
deletes from the Subsequent Contributor Version (or any portion thereof) distributed |
|
by the Subsequent Contributor prior to such distribution; (2) for any Modifications |
|
made to the Subsequent Contributor Version (or any portion thereof) by any |
|
other Person; or (3) separate from the Subsequent Contributor Version (or |
|
portions thereof) distributed or made available by the Subsequent Contributor. |
|
|
|
D. Effective upon distribution of any Licensed Work by a Distributor to a |
|
Third Party, such Distributor hereby grants all Recipients a world-wide, royalty-free, |
|
non-exclusive license, subject to third party intellectual property claims, |
|
under patent claim(s) Licensable by such Distributor that are or would be |
|
infringed by the making, using, selling, offering for sale, having made, importing, |
|
exporting, transfer or disposal of any such Licensed Work distributed by such |
|
Distributor, to make, use, sell, offer for sale, have made, import, export, |
|
transfer and otherwise dispose of such Licensed Work or portions thereof (collectively |
|
and in each case, the "DISTRIBUTOR VERSION"). Notwithstanding the foregoing, |
|
no patent license is granted under this Paragraph D by such Distributor: (1) |
|
for any code that such Distributor deletes from the Distributor Version (or |
|
any portion thereof) distributed by the Distributor prior to such distribution; |
|
(2) for any Modifications made to the Distributor Version (or any portion |
|
thereof) by any other Person; or (3) separate from the Distributor Version |
|
(or portions thereof) distributed or made available by the Distributor. |
|
|
|
E. If Recipient institutes patent litigation against another Recipient (a |
|
"USER") with respect to a patent applicable to a computer program or software |
|
(including a cross-claim or counterclaim in a lawsuit, and whether or not |
|
any of the patent claims are directed to a system, method, process, apparatus, |
|
device, product, article of manufacture or any other form of patent claim), |
|
then any patent or copyright license granted by that User to such Recipient |
|
under this License or any other copy of this License shall terminate. The |
|
termination shall be effective ninety (90) days after notice of termination |
|
from User to Recipient, unless the Recipient withdraws the patent litigation |
|
claim before the end of the ninety (90) day period. To be effective, any such |
|
notice of license termination must include a specific list of applicable patents |
|
and/or a copy of the copyrighted work of User that User alleges will be infringed |
|
by Recipient upon License termination. License termination is only effective |
|
with respect to patents and/or copyrights for which proper notice has been |
|
given. |
|
|
|
PART 7: SAMPLE REQUIREMENTS FOR THE DESCRIPTION OF DISTRIBUTED MODIFICATIONS |
|
|
|
Each Subsequent Contributor (including the Initial Contributor where the Initial |
|
Contributor qualifies as a Subsequent Contributor) is invited (but not required) |
|
to cause each Subsequent Work created or contributed to by that Subsequent |
|
Contributor to contain a file documenting the changes such Subsequent Contributor |
|
made to create that Subsequent Work and the date of any change. |
|
|
|
//***EXHIBIT A ENDS HERE.***//
|
|
|