Платформа ЦРНП "Мирокод" для разработки проектов
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408 lines
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408 lines
23 KiB
BitTorrent Open Source License |
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Version 1.0 |
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This BitTorrent Open Source License (the "License") applies to the BitTorrent |
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client and related software products as well as any updates or maintenance |
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releases of that software ("BitTorrent Products") that are distributed by |
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BitTorrent, Inc. ("Licensor"). Any BitTorrent Product licensed pursuant to |
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this License is a Licensed Product. Licensed Product, in its entirety, is |
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protected by U.S. copyright law. This License identifies the terms under which |
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you may use, copy, distribute or modify Licensed Product. |
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Preamble |
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This Preamble is intended to describe, in plain English, the nature and scope |
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of this License. However, this Preamble is not a part of this license. The |
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legal effect of this License is dependent only upon the terms of the License |
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and not this Preamble. |
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This License complies with the Open Source Definition and is derived from |
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the Jabber Open Source License 1.0 (the "JOSL"), which has been approved by |
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Open Source Initiative. Sections 4(c) and 4(f)(iii) from the JOSL have been |
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dropped. |
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This License provides that: |
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1. You may use, sell or give away the Licensed Product, alone or as a component |
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of an aggregate software distribution containing programs from several different |
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sources. No royalty or other fee is required. |
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2. Both Source Code and executable versions of the Licensed Product, including |
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Modifications made by previous Contributors, are available for your use. (The |
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terms "Licensed Product," "Modifications," "Contributors" and "Source Code" |
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are defined in the License.) |
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3. You are allowed to make Modifications to the Licensed Product, and you |
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can create Derivative Works from it. (The term "Derivative Works" is defined |
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in the License.) |
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4. By accepting the Licensed Product under the provisions of this License, |
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you agree that any Modifications you make to the Licensed Product and then |
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distribute are governed by the provisions of this License. In particular, |
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you must make the Source Code of your Modifications available to others. |
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5. You may use the Licensed Product for any purpose, but the Licensor is not |
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providing you any warranty whatsoever, nor is the Licensor accepting any liability |
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in the event that the Licensed Product doesn't work properly or causes you |
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any injury or damages. |
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6. If you sublicense the Licensed Product or Derivative Works, you may charge |
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fees for warranty or support, or for accepting indemnity or liability obligations |
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to your customers. You cannot charge for the Source Code. |
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7. If you assert any patent claims against the Licensor relating to the Licensed |
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Product, or if you breach any terms of the License, your rights to the Licensed |
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Product under this License automatically terminate. |
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You may use this License to distribute your own Derivative Works, in which |
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case the provisions of this License will apply to your Derivative Works just |
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as they do to the original Licensed Product. |
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Alternatively, you may distribute your Derivative Works under any other OSI-approved |
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Open Source license, or under a proprietary license of your choice. If you |
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use any license other than this License, however, you must continue to fulfill |
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the requirements of this License (including the provisions relating to publishing |
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the Source Code) for those portions of your Derivative Works that consist |
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of the Licensed Product, including the files containing Modifications. |
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New versions of this License may be published from time to time. You may choose |
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to continue to use the license terms in this version of the License or those |
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from the new version. However, only the Licensor has the right to change the |
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License terms as they apply to the Licensed Product. |
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This License relies on precise definitions for certain terms. Those terms |
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are defined when they are first used, and the definitions are repeated for |
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your convenience in a Glossary at the end of the License. |
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License Terms |
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1. Grant of License From Licensor. Licensor hereby grants you a world-wide, |
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royalty-free, non-exclusive license, subject to third party intellectual property |
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claims, to do the following: |
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a. Use, reproduce, modify, display, perform, sublicense and distribute any |
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Modifications created by such Contributor or portions thereof, in both Source |
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Code or as an executable program, either on an unmodified basis or as part |
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of Derivative Works. |
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b. Under claims of patents now or hereafter owned or controlled by Contributor, |
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to make, use, sell, offer for sale, have made, and/or otherwise dispose of |
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Modifications or portions thereof, but solely to the extent that any such |
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claim is necessary to enable you to make, use, sell, offer for sale, have |
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made, and/or otherwise dispose of Modifications or portions thereof or Derivative |
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Works thereof. |
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2. Grant of License to Modifications From Contributor. "Modifications" means |
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any additions to or deletions from the substance or structure of (i) a file |
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containing Licensed Product, or (ii) any new file that contains any part of |
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Licensed Product. Hereinafter in this License, the term "Licensed Product" |
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shall include all previous Modifications that you receive from any Contributor. |
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By application of the provisions in Section 4(a) below, each person or entity |
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who created or contributed to the creation of, and distributed, a Modification |
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(a "Contributor") hereby grants you a world-wide, royalty-free, non-exclusive |
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license, subject to third party intellectual property claims, to do the following: |
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a. Use, reproduce, modify, display, perform, sublicense and distribute any |
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Modifications created by such Contributor or portions thereof, in both Source |
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Code or as an executable program, either on an unmodified basis or as part |
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of Derivative Works. |
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b. Under claims of patents now or hereafter owned or controlled by Contributor, |
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to make, use, sell, offer for sale, have made, and/or otherwise dispose of |
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Modifications or portions thereof, but solely to the extent that any such |
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claim is necessary to enable you to make, use, sell, offer for sale, have |
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made, and/or otherwise dispose of Modifications or portions thereof or Derivative |
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Works thereof. |
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3. Exclusions From License Grant. Nothing in this License shall be deemed |
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to grant any rights to trademarks, copyrights, patents, trade secrets or any |
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other intellectual property of Licensor or any Contributor except as expressly |
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stated herein. No patent license is granted separate from the Licensed Product, |
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for code that you delete from the Licensed Product, or for combinations of |
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the Licensed Product with other software or hardware. No right is granted |
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to the trademarks of Licensor or any Contributor even if such marks are included |
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in the Licensed Product. Nothing in this License shall be interpreted to prohibit |
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Licensor from licensing under different terms from this License any code that |
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Licensor otherwise would have a right to license. |
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4. Your Obligations Regarding Distribution. |
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a. Application of This License to Your Modifications. As an express condition |
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for your use of the Licensed Product, you hereby agree that any Modifications |
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that you create or to which you contribute, and which you distribute, are |
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governed by the terms of this License including, without limitation, Section |
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2. Any Modifications that you create or to which you contribute 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 7. You must include a copy of this License with every copy of |
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the Modifications you distribute. You agree not to offer or impose any terms |
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on any Source Code or executable version of the Licensed Product or Modifications |
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that alter or restrict the applicable version of this License or the recipients' |
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rights hereunder. However, you may include an additional document offering |
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the additional rights described in Section 4(d). |
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b. Availability of Source Code. You must make available, under the terms of |
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this License, the Source Code of the Licensed Product and any Modifications |
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that you distribute, either on the same media as you distribute any executable |
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or other form of the Licensed Product, or via a mechanism generally accepted |
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in the software development community for the electronic transfer of data |
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(an "Electronic Distribution Mechanism"). The Source Code for any version |
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of Licensed Product or Modifications that you distribute must remain available |
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for at least twelve (12) months after the date it initially became available, |
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or at least six (6) months after a subsequent version of said Licensed Product |
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or Modifications has been made available. You are responsible for ensuring |
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that the Source Code version remains available even if the Electronic Distribution |
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Mechanism is maintained by a third party. |
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c. Intellectual Property Matters. |
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i. Third Party Claims. If you have knowledge that a license to a third party's |
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intellectual property right is required to exercise the rights granted by |
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this License, you must include a text file with the Source Code distribution |
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titled "LEGAL" that 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 any Modifications available as described in |
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Section 4(b), 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 Licensed Product from you that new knowledge has been obtained. |
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ii. Contributor APIs. If your Modifications include an application programming |
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interface ("API") and you have knowledge of patent licenses that are reasonably |
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necessary to implement that API, you must also include this information in |
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the LEGAL file. |
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iii. Representations. You represent that, except as disclosed pursuant to |
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4(c)(i) above, you believe that any Modifications you distribute are your |
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original creations and that you have sufficient rights to grant the rights |
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conveyed by this License. |
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d. Required Notices. You must duplicate this License in any documentation |
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you provide along with the Source Code of any Modifications you create or |
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to which you contribute, and which you distribute, wherever you describe recipients' |
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rights relating to Licensed Product. You must duplicate the notice contained |
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in Exhibit A (the "Notice") in each file of the Source Code of any copy you |
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distribute of the Licensed Product. If you created a Modification, you may |
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add your name as a Contributor to the Notice. If it is not possible to put |
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the Notice in a particular Source Code file due to its structure, then you |
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must include such Notice in a location (such as a relevant directory file) |
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where a user would be likely to look for such a notice. You may choose to |
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offer, and charge a fee for, warranty, support, indemnity or liability obligations |
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to one or more recipients of Licensed Product. However, you may do so only |
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on your own behalf, and not on behalf of the Licensor or any Contributor. |
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You must make it clear that any such warranty, support, indemnity or liability |
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obligation is offered by you alone, and you hereby agree to indemnify the |
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Licensor and every Contributor for any liability incurred by the Licensor |
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or such Contributor as a result of warranty, support, indemnity or liability |
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terms you offer. |
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e. Distribution of Executable Versions. You may distribute Licensed Product |
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as an executable program under a license of your choice that may contain terms |
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different from this License provided (i) you have satisfied the requirements |
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of Sections 4(a) through 4(d) for that distribution, (ii) you include a conspicuous |
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notice in the executable version, related documentation and collateral materials |
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stating that the Source Code version of the Licensed Product is available |
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under the terms of this License, including a description of how and where |
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you have fulfilled the obligations of Section 4(b), and (iii) you make it |
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clear that any terms that differ from this License are offered by you alone, |
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not by Licensor or any Contributor. You hereby agree to indemnify the Licensor |
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and every Contributor for any liability incurred by Licensor or such Contributor |
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as a result of any terms you offer. |
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f. Distribution of Derivative Works. You may create Derivative Works (e.g., |
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combinations of some or all of the Licensed Product with other code) and distribute |
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the Derivative Works as products under any other license you select, with |
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the proviso that the requirements of this License are fulfilled for those |
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portions of the Derivative Works that consist of the Licensed Product or any |
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Modifications thereto. |
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5. Inability to Comply Due to Statute or Regulation. If it is impossible for |
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you to comply with any of the terms of this License with respect to some or |
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all of the Licensed Product due to statute, judicial order, or regulation, |
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then you must (i) comply with the terms of this License to the maximum extent |
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possible, (ii) cite the statute or regulation that prohibits you from adhering |
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to the License, and (iii) describe the limitations and the code they affect. |
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Such description must be included in the LEGAL file described in Section 4(d), |
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and must be included with all distributions of the Source Code. Except to |
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the extent prohibited by statute or regulation, such description must be sufficiently |
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detailed for a recipient of ordinary skill at computer programming to be able |
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to understand it. |
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6. Application of This License. This License applies to code to which Licensor |
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or Contributor has attached the Notice in Exhibit A, which is incorporated |
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herein by this reference. |
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7. Versions of This License. |
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a. New Versions. Licensor may publish from time to time revised and/or new |
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versions of the License. |
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b. Effect of New Versions. Once Licensed Product has been published under |
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a 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 Licensed Product |
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under the terms of any subsequent version of the License published by Licensor. |
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No one other than Licensor has the right to modify the terms applicable to |
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Licensed Product created under this License. |
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c. Derivative Works of this License. If you create or use a modified version |
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of this License, which you may do only in order to apply it to software that |
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is not already a Licensed Product under this License, you must rename your |
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license so that it is not confusingly similar to this License, and must make |
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it clear that your license contains terms that differ from this License. In |
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so naming your license, you may not use any trademark of Licensor or any Contributor. |
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8. Disclaimer of Warranty. LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE |
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ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, |
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INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED PRODUCT IS FREE |
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OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. |
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THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT |
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IS WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU (AND |
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NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY |
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SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN |
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ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED PRODUCT IS AUTHORIZED HEREUNDER |
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EXCEPT UNDER THIS DISCLAIMER. |
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9. Termination. |
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a. Automatic Termination Upon Breach. This license and the rights granted |
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hereunder will terminate automatically if you fail to comply with the terms |
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herein and fail to cure such breach within thirty (30) days of becoming aware |
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of the breach. All sublicenses to the Licensed Product that are properly granted |
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shall survive any termination of this license. Provisions that, by their nature, |
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must remain in effect beyond the termination of this License, shall survive. |
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b. Termination Upon Assertion of Patent Infringement. If you initiate litigation |
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by asserting a patent infringement claim (excluding declaratory judgment actions) |
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against Licensor or a Contributor (Licensor or Contributor against whom you |
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file such an action is referred to herein as Respondent) alleging that Licensed |
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Product directly or indirectly infringes any patent, then any and all rights |
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granted by such Respondent to you under Sections 1 or 2 of this License shall |
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terminate prospectively upon sixty (60) days notice from Respondent (the "Notice |
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Period") unless within that Notice Period you either agree in writing (i) |
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to pay Respondent a mutually agreeable reasonably royalty for your past or |
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future use of Licensed Product made by such Respondent, or (ii) withdraw your |
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litigation claim with respect to Licensed Product against such Respondent. |
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If within said Notice Period a reasonable royalty and payment arrangement |
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are not mutually agreed upon in writing by the parties or the litigation claim |
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is not withdrawn, the rights granted by Licensor to you under Sections 1 and |
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2 automatically terminate at the expiration of said Notice Period. |
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c. Reasonable Value of This License. If you assert a patent infringement claim |
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against Respondent alleging that Licensed Product 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 said Respondent under Sections 1 and 2 shall |
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be taken into account in determining the amount or value of any payment or |
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license. |
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d. No Retroactive Effect of Termination. In the event of termination under |
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Sections 9(a) or 9(b) above, all end user license agreements (excluding licenses |
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to distributors and resellers) that have been validly granted by you or any |
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distributor hereunder prior to termination shall survive termination. |
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10. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, |
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WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, |
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ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER OF |
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ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, |
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OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES |
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FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY |
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AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE |
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BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY |
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SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY |
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RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS |
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SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION |
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OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY |
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NOT APPLY TO YOU. |
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11. Responsibility for Claims. As between Licensor and Contributors, each |
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party is responsible for claims and damages arising, directly or indirectly, |
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out of its utilization of rights under this License. You agree to work with |
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Licensor and Contributors to distribute such responsibility on an equitable |
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basis. Nothing herein is intended or |
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shall be deemed to constitute any admission of liability. |
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12. U.S. Government End Users. The Licensed Product is a commercial item, |
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as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of commercial |
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computer software and commercial computer software documentation, as such |
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terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. |
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12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government |
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End Users acquire Licensed Product with only those rights set forth herein. |
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13. Miscellaneous. This License represents the complete agreement concerning |
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the subject matter hereof. If any provision of this License is held to be |
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unenforceable, such provision shall be reformed only to the extent necessary |
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to make it enforceable. This License shall be governed by California law provisions |
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(except to the extent applicable law, if any, provides otherwise), excluding |
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its conflict-of-law provisions. You expressly agree that any litigation relating |
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to this license shall be subject to the jurisdiction of the Federal Courts |
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of the Northern District of California or the Superior Court of the County |
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of Santa Clara, California (as appropriate), with venue lying in Santa Clara |
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County, California, with the losing party responsible for costs including, |
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without limitation, court costs and reasonable attorneys fees and expenses. |
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The application of the United Nations Convention on Contracts for the International |
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Sale of Goods is expressly excluded. You and Licensor expressly waive any |
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rights to a jury trial in any litigation concerning Licensed Product or this |
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License. Any law or regulation that provides that the language of a contract |
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shall be construed against the drafter shall not apply to this License. |
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14. Definition of You in This License. You throughout this License, whether |
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in upper or lower case, means an individual or a legal entity exercising rights |
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under, and complying with all of the terms of, this License or a future version |
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of this License issued under Section 7. For legal entities, you includes any |
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entity that controls, is controlled by, or is under common control with you. |
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For purposes of this definition, control means (i) the power, direct or indirect, |
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to cause the direction or management of such entity, whether by contract or |
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otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding |
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shares, or (iii) beneficial ownership of such entity. |
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15. Glossary. All defined terms in this License that are used in more than |
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one Section of this License are repeated here, in alphabetical order, for |
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the convenience of the reader. The Section of this License in which each defined |
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term is first used is shown in parentheses. |
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Contributor: Each person or entity who created or contributed to the creation |
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of, and distributed, a Modification. (See Section 2) |
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Derivative Works: That term as used in this License is defined under U.S. |
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copyright law. (See Section 1(b)) |
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License: This BitTorrent Open Source License. (See first paragraph of License) |
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Licensed Product: Any BitTorrent Product licensed pursuant to this License. |
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The term "Licensed Product" includes all previous Modifications from any Contributor |
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that you receive. (See first paragraph of License and Section 2) |
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Licensor: BitTorrent, Inc. (See first paragraph of License) |
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Modifications: Any additions to or deletions from the substance or structure |
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of (i) a file containing Licensed Product, or (ii) any new file that contains |
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any part of Licensed Product. (See Section 2) |
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Notice: The notice contained in Exhibit A. (See Section 4(e)) |
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Source Code: The preferred form for making modifications to the Licensed Product, |
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including all modules contained therein, plus any associated interface definition |
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files, scripts used to control compilation and installation of an executable |
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program, or a list of differential comparisons against the Source Code of |
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the Licensed Product. (See |
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Section 1(a)) |
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You: This term is defined in Section 14 of this License. EXHIBIT A |
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The Notice below must appear in each file of the Source Code of any copy you |
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distribute of the Licensed Product or any hereto. Contributors to any Modifications |
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may add their own copyright notices to identify their own contributions. |
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License: |
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The contents of this file are subject to the BitTorrent Open Source License |
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Version 1.0 (the License). You may not copy or use this file, in either source |
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code or executable form, except in compliance with the License. You may obtain |
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a copy of the License at http://www.bittorrent.com/license/. |
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Software distributed under the License is distributed on an AS IS basis, WITHOUT |
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WARRANTY OF ANY KIND, either express or implied. See the License for the specific |
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language governing rights and limitations under the License.
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