ADAPTIVE PUBLIC LICENSE
Version 1.0
THE LICENSED WORK _ PROVIDED UNDER _ TERMS OF THIS ADAPTIVE
PUBLIC LICENSE ("LICENSE"). ANY USE, REPRODUCTION OR
DISTRIBUTION OF _ LICENSED WORK CONSTITUTES RECIPIENT'S ACCEPTANCE OF
THIS LICENSE _ ITS TERMS, WHETHER _ NOT SUCH RECIPIENT READS _ TERMS
OF THIS LICENSE. "LICENSED WORK" _ "RECIPIENT" ARE DEFINED BELOW.
IMPORTANT NOTE: This License _ "adaptive", _ the generic version or
another version of an Adaptive Public License should not be relied upon
_ determine your rights _ obligations under this License. You must
read _ specific Adaptive Public License that you receive with _ Licensed
Work, as certain terms are defined at _ outset by _ Initial Contributor.
See Section 2.2 below, Exhibit A attached, _ any Suppfile.txt accompanying
this License _ determine _ specific adaptive features applicable to
this License. For example, without limiting _ foregoing, (a) for selected
choice of law _ jurisdiction see Part 3 of Exhibit A; (b) for _ selected
definition of Third Party see Part 4 of Exhibit A; _ (c) for selected
patent licensing terms (if any) see Section 2.2 below _ Part 6 of Exhibit
A.
1. DEFINITIONS.
1.1. "CONTRIBUTION" means:
(a) In _ case of _ Initial Contributor, _ Initial Work distributed
under this License by _ Initial Contributor; _
(b) In _ case of each Subsequent Contributor, _ Subsequent Work
originating from _ distributed by such Subsequent Contributor.
1.2. "DESIGNATED WEB SITE" means
_ web site having _ URL identified in Part 1 of Exhibit
A, which URL may be changed by _ Initial Contributor by posting
_ the current Designated Web Site _ new URL for at least sixty (60)
days.
1.3. "DISTRIBUTOR" means any Person
that distributes _ Licensed Work _ any portion thereof _ at least
one Third Party.
1.4. "ELECTRONIC DISTRIBUTION MECHANISM"
means any mechanism generally accepted in _ software development community
for _ electronic transfer of data.
1.5. "EXECUTABLE" means _ Licensed
Work in any form other than Source Code.
1.6. "GOVERNING JURISDICTION" means
_ state, province _ other legal jurisdiction identified in Part
3 of Exhibit A.
1.7. "INDEPENDENT MODULE" means a
separate module of software and/or data that _ not a derivative work
of _ copied from _ Licensed Work _ any portion thereof. In addition,
a module does not qualify as an Independent Module but instead forms
part of _ Licensed Work if _ module: (a) _ embedded in _ Licensed
Work; (b) _ included by reference in _ Licensed Work other than by
a function call _ a class reference; _ (c) must be included _ contained,
in whole _ in part, within a file directory _ subdirectory actually
containing files making up _ Licensed Work.
1.8. "INITIAL CONTRIBUTOR" means
_ Person _ entity identified as _ Initial Contributor in _ notice
required by Part 1 of Exhibit A.
1.9. "INITIAL WORK" means _ initial
Source Code, object code (if any) _ documentation for _ computer
program identified in Part 2 of Exhibit A, as such
Source Code, object code _ documentation _ distributed under this
License by _ Initial Contributor.
1.10. "LARGER WORK" means a work
that combines _ Licensed Work _ portions thereof with code not governed
by this License.
1.11. "LICENSED WORK" means _ Initial
Work and/or any Subsequent Work, in each case including portions thereof.
1.12. "LICENSE NOTICE" has _ meaning
assigned in Part 5 of Exhibit A.
1.13. "MODIFICATION" _ "MODIFICATIONS"
means any change _ and/or addition _ the Licensed Work.
1.14. "PERSON" means an individual
_ other legal entity, including a corporation, partnership _ other
body.
1.15. "RECIPIENT" means any Person
who receives _ obtains _ Licensed Work under this License (by way
of example, without limiting _ foregoing, any Subsequent Contributor
_ Distributor).
1.16. "SOURCE CODE" means _ source
code for a computer program, including _ source code for all modules
_ components of _ computer program, plus any associated interface
definition files, _ scripts used _ control compilation _ installation
of an executable.
1.17. "SUBSEQUENT CONTRIBUTOR" means
any Person that makes _ contributes _ the making of any Subsequent
Work _ that distributes that Subsequent Work _ at least one Third
Party.
1.18. "SUBSEQUENT WORK" means a work
that has resulted _ arises from changes _ and/or additions to:
(a) _ Initial Work;
(b) any other Subsequent Work; _
(c) _ any combination of _ Initial Work _ any such other
Subsequent Work;
where such changes and/or additions originate from a Subsequent Contributor.
A Subsequent Work will "originate" from a Subsequent Contributor if
_ Subsequent Work was a result of efforts by such Subsequent Contributor
(or anyone acting _ such Subsequent Contributor's behalf, such as,
a contractor _ other entity that _ engaged by _ under _ direction
of _ Subsequent Contributor). For greater certainty, a Subsequent
Work expressly excludes _ shall not capture within its meaning any
Independent Module.
1.19. "SUPPLEMENT FILE" means a file
distributed with _ Licensed Work having a file name "suppfile.txt".
1.20. "THIRD PARTY" has _ meaning
assigned in Part 4 of Exhibit A.
2. LICENSE.
2.1. COPYRIGHT LICENSE FROM INITIAL _ SUBSEQUENT CONTRIBUTORS.
(a) Subject _ the terms of this License, _ Initial Contributor
hereby grants each Recipient a world-wide, royalty-free, non-exclusive
copyright license to:
(i) reproduce, prepare derivative works of, publicly display,
publicly perform, distribute _ sublicense _ Initial Work; and
(ii) reproduce, publicly display, publicly perform, distribute,
_ sublicense any derivative works (if any) prepared by Recipient;
in Source Code _ Executable form, either with other Modifications,
_ an unmodified basis, _ as part of a Larger Work.
(b) Subject _ the terms of this License, each Subsequent
Contributor hereby grants each Recipient a world-wide, royalty-free,
non-exclusive copyright license to:
(i) reproduce, prepare derivative works of, publicly display,
publicly perform, distribute _ sublicense _ Subsequent Work
of such Subsequent Contributor; _
(ii) reproduce, publicly display, publicly perform, distribute,
_ sublicense any derivative works (if any) prepared by Recipient;
in Source Code _ Executable form, either with other Modifications,
_ an unmodified basis, _ as part of a Larger Work.
2.2. PATENT LICENSE FROM INITIAL _ SUBSEQUENT CONTRIBUTORS.
(a) This License does not include _ grant any patent license
whatsoever from _ Initial Contributor, Subsequent Contributor, or
any Distributor unless, at _ time _ Initial Work _ first distributed
_ made available under this License (as _ case may be), _ Initial
Contributor has selected pursuant _ Part 6 of Exhibit A
_ patent terms in paragraphs A, B, C, D _ E from Part
6 of Exhibit A. If this _ not done then _ Initial Work
_ any other Subsequent Work _ made available under _ License
without any patent license (the "PATENTS-EXCLUDED LICENSE").
(b) However, _ Initial Contributor may subsequently distribute
_ make available (as _ case may be) future copies of: (1) _ Initial
Work; _ (2) any Licensed Work distributed by _ Initial Contributor
which includes _ Initial Work (or any portion thereof) and/or any
Modification made by _ Initial Contributor; available under a License
which includes a patent license (the "PATENTS-INCLUDED LICENSE")
by selecting pursuant _ Part 6 of Exhibit A the
patent terms in paragraphs A, B, C, D _ E from Part 6 of
Exhibit A, when _ Initial Contributor distributes _ makes
available (as _ case may be) such future copies under this License.
(c) If any Recipient receives _ obtains one _ more copies
of _ Initial Work _ any other portion of _ Licensed Work under
_ Patents-Included License, then all licensing of such copies under
this License shall include _ terms in paragraphs A, B, C, D and
E from Part 6 of Exhibit A _ that Recipient shall
not be able _ rely upon _ Patents-Excluded License for any such
copies. However, all Recipients that receive one _ more copies of
_ Initial Work _ any other portion of _ Licensed Work under a
copy of _ License which includes _ Patents-Excluded License shall
have no patent license with respect _ such copies received under
_ Patents-Excluded License _ availability _ distribution of
such copies, including Modifications made by such Recipient _ such
copies, shall be under a copy of _ License without any patent license.
(d) Where a Recipient uses in combination _ combines any
copy of _ Licensed Work (or portion thereof) licensed under a copy
of _ License having a Patents-Excluded License with any copy of
_ Licensed Work (or portion thereof) licensed under a copy of the
License having a Patents-Included License, _ combination (and any
portion thereof) shall, from _ first time such Recipient uses, makes
available _ distributes _ combination (as _ case may be), be
subject _ only _ terms of _ License having _ Patents-Included
License which shall include _ terms in paragraphs A, B, C, D and
E from Part 6 of Exhibit A.
2.3. ACKNOWLEDGEMENT _ DISCLAIMER.
Recipient understands _ agrees that although Initial Contributor
_ each Subsequent Contributor grants _ licenses _ its Contributions
set forth herein, no representation, warranty, guarantee _ assurance
_ provided by any Initial Contributor, Subsequent Contributor, _ Distributor
that _ Licensed Work does not infringe _ patent _ other intellectual
property rights of any other entity. Initial Contributor, Subsequent
Contributor, _ each Distributor disclaims any liability _ Recipient
for claims brought by any other entity based _ infringement of intellectual
property rights _ otherwise, in relation _ the Licensed Works. As
a condition _ exercising _ rights _ licenses granted hereunder,
each Recipient hereby assumes sole responsibility _ secure any other
intellectual property rights needed, if any. For example, without limiting
_ foregoing disclaimers, if a third party patent license _ required
_ allow Recipient _ distribute _ Licensed Work, it _ Recipient's
responsibility _ acquire that license before distributing _ Licensed
Work.
2.4. RESERVATION.
Nothing in this License shall be deemed _ grant any rights _ trademarks,
copyrights, patents, trade secrets _ any other intellectual property
of Initial Contributor, Subsequent Contributor, _ Distributor except
as expressly stated herein.
3. DISTRIBUTION OBLIGATIONS.
3.1. DISTRIBUTION GENERALLY.
(a) A Subsequent Contributor shall make that Subsequent Contributor's
Subsequent Work(s) available _ the public via an Electronic Distribution
Mechanism for a period of at least twelve (12) months. _ aforesaid
twelve (12) month period shall begin within a reasonable time
after _ creation of _ Subsequent Work _ no later than sixty
(60) days after first distribution of that Subsequent Contributor's
Subsequent Work.
(b) All Distributors must distribute _ Licensed Work in
accordance with _ terms of _ License, _ must include a copy
of this License (including without limitation Exhibit A _ the accompanying
Supplement File) with each copy of _ Licensed Work distributed.
In particular, this License must be prominently distributed with the
Licensed Work in a file called "license.txt." In addition, _ License
Notice in Part 5 of Exhibit A must be included at _ beginning of
all Source Code files, _ viewable _ a user in any executable such
that _ License Notice _ reasonably brought _ the attention
of any party using _ Licensed Work.
3.2. EXECUTABLE DISTRIBUTIONS OF _ LICENSED WORK.
A Distributor may choose _ distribute _ Licensed Work, _ any portion
thereof, in Executable form (an "EXECUTABLE DISTRIBUTION")
_ any third party, under _ terms of Section 2 of this License, provided
_ Executable Distribution _ made available under _ accompanied
by a copy of this License, _ provided at least
ONE of _ following conditions _ fulfilled:
(a) _ Executable Distribution must be accompanied by the
Source Code for _ Licensed Work making up _ Executable Distribution,
_ the Source Code must be distributed _ the same media as _ Executable
Distribution _ using an Electronic Distribution Mechanism; _
(b) _ Executable Distribution must be accompanied with a
written offer, valid for at least thirty six (36) months, _ give
any third party under _ terms of this License, for a charge no more
than _ cost of physically performing source distribution, a complete
machine-readable copy of _ Source Code for _ Licensed Work making
up _ Executable Distribution, _ be available _ distributed using
an Electronic Distribution Mechanism, _ such Executable Distribution
must remain available in Source Code form _ any third party via the
Electronic Distribution Mechanism (or any replacement Electronic Distribution
Mechanism _ particular Distributor may reasonably need _ turn to
as a substitute) for said at least thirty six (36) months.
For greater certainty, _ above-noted requirements apply _ any Licensed
Work _ portion thereof distributed _ any third party in Executable
form, whether such distribution _ made alone, in combination with a
Larger Work _ Independent Modules, _ in some other combination.
3.3. SOURCE CODE DISTRIBUTIONS.
When a Distributor makes _ Licensed Work, _ any portion thereof,
available _ any Person in Source Code form, it must be made available
under this License _ a copy of this License must be included with
each copy of _ Source Code, situated so that _ copy of _ License
_ conspicuously brought _ the attention of that Person. For greater
clarification, this Section 3.3 applies _ all distribution of _ Licensed
Work in any Source Code form. A Distributor may charge a fee for the
physical act of transferring a copy, which charge shall be no more than
_ cost of physically performing source distribution.
3.4. REQUIRED NOTICES IN SOURCE CODE.
Each Subsequent Contributor must ensure that _ notice set out in
Part 5 of Exhibit A _ included in each file of the
Source Code for each Subsequent Work originating from that particular
Subsequent Contributor, if such notice _ not already included in each
such file. If it _ not possible _ put such notice in a particular
Source Code file due _ its structure, then _ Subsequent Contributor
must include such notice in a location (such as a relevant directory
in which _ file _ stored) where a user would be likely _ look for
such a notice.
3.5. NO DISTRIBUTION REQUIREMENTS FOR INTERNALLY USED MODIFICATIONS.
Notwithstanding Sections 3.2, 3.3 _ 3.4, Recipient may, internally
within its own corporation _ organization use _ Licensed Work, including
_ Initial Work _ Subsequent Works, _ make Modifications for internal
use within Recipient's own corporation _ organization (collectively,
"INTERNAL USE MODIFICATIONS"). _ Recipient shall
have no obligation _ distribute, in either Source Code _ Executable
form, any such Internal Use Modifications made by Recipient in _ course
of such internal use, except where required below in this Section 3.5.
All Internal Use Modifications distributed _ any Person, whether or
not a Third Party, shall be distributed pursuant _ and be accompanied
by _ terms of this License. If _ Recipient chooses _ distribute
any such Internal Use Modifications _ any Third Party, then _ Recipient
shall be deemed a Subsequent Contributor, _ any such Internal Use
Modifications distributed _ any Third Party shall be deemed a Subsequent
Work originating from that Subsequent Contributor, _ shall from the
first such instance become part of _ Licensed Work that must thereafter
be distributed _ made available _ third parties in accordance with
_ terms of Sections 3.1 _ 3.4 inclusive.
3.6. INDEPENDENT MODULES.
This License shall not apply _ Independent Modules of any Initial
Contributor, Subsequent Contributor, Distributor _ any Recipient, and
such Independent Modules may be licensed _ made available under one
_ more separate license agreements.
3.7. LARGER WORKS.
Any Distributor _ Recipient may create _ contribute _ a Larger Work
by combining any of _ Licensed Work with other code not governed by
_ terms of this License, _ may distribute _ Larger Work as one
_ more products. However, in any such case, Distributor _ Recipient
(as _ case may be) must make sure that _ requirements of this License
are fulfilled for _ Licensed Work portion of _ Larger Work.
3.8. DESCRIPTION OF DISTRIBUTED MODIFICATIONS.
(a) Each Subsequent Contributor (including _ Initial Contributor
where _ Initial Contributor also qualifies as a Subsequent Contributor)
must cause each Subsequent Work created _ contributed _ by that
Subsequent Contributor _ contain a file documenting _ changes,
in accordance with _ requirements of Part 1 of _ Supplement
File, that such Subsequent Contributor made in _ creation
_ contribution _ that Subsequent Work. If no Supplement File exists
_ no requirements are set out in Part 1 of _ Supplement
File, then there are no requirements for Subsequent Contributors
_ document changes that they make resulting in Subsequent Works.
(b) _ Initial Contributor may at any time introduce requirements
_ add _ or change earlier requirements (in each case, _ "EARLIER
DESCRIPTION REQUIREMENTS") for documenting changes resulting
in Subsequent Works by revising Part 1 of each copy
of _ Supplement File distributed by _ Initial Contributor with
future copies of _ Licensed Work so that Part 1
then contains new requirements (the "NEW DESCRIPTION REQUIREMENTS")
for documenting such changes.
(c) Any Recipient receiving at any time any copy of an Initial
Work _ any Subsequent Work under a copy of this License (in each
case, an "Earlier LICENSED COPY") having _ Earlier Description
Requirements may choose, with respect _ each such Earlier Licensed
Copy, _ comply with _ Earlier Description Requirements _ the New
Description Requirements. Where a Recipient chooses _ comply with
_ New Description Requirements, that Recipient will, when thereafter
distributing any copies of any such Earlier Licensed Copy, include
a Supplement File having a section entitled Part 1 that contains
a copy of _ New Description Requirements.
(d) For greater certainty, _ intent of Part 1 of the
Supplement File _ to provide a mechanism (if any) by which Subsequent
Contributors must document changes that they make _ the Licensed
Work resulting in Subsequent Works. Part 1 of any Supplement File
shall not be used _ increase _ reduce _ scope of _ license granted
in Article 2 of this License _ in any other way increase _ decrease
_ rights _ obligations of any Recipient, _ shall at no time
serve as _ basis for terminating _ License. Further, a Recipient
can be required _ correct _ change its documentation procedures
_ comply with Part 1 of _ Supplement File, but cannot be
penalised with damages. Part 1 of any Supplement File _ only
binding _ each Recipient of any Licensed Work _ the extent Part
1 sets out _ requirements for documenting changes _ the Initial
Work _ any Subsequent Work.
(e) An example of a set of requirements for documenting changes
_ contributions made by Subsequent Contributor _ set out in Part
7 of Exhibit A of this License. Part 7 _ a sample only
_ is not binding _ Recipients, unless (subject _ the earlier paragraphs
of this Section 3.8) those are _ requirements that _ Initial Contributor
includes in Part 1 of _ Supplement File with _ copies of
_ Initial Work distributed under this License.
3.9. USE OF DISTRIBUTOR NAME.
The name of a Distributor may not be used by any other Distributor
_ endorse _ promote _ Licensed Work _ products derived from the
Licensed Work, without prior written permission.
3.10. LIMITED RECOGNITION OF INITIAL CONTRIBUTOR.
(a) As a modest attribution _ the Initial Contributor, in
_ hope that its promotional value may help justify _ time, money
_ effort invested in writing _ Initial Work, _ Initial Contributor
may include in Part 2 of _ Supplement File a requirement
that each time an executable program resulting from _ Initial Work
_ any Subsequent Work, _ a program dependent thereon, _ launched
_ run, a prominent display of _ Initial Contributor's attribution
information must occur (the "ATTRIBUTION INFORMATION"). The
Attribution Information must be included at _ beginning of each
Source Code file. For greater certainty, _ Initial Contributor may
specify in _ Supplement File that _ above attribution requirement
only applies _ an executable program resulting from _ Initial Work
_ any Subsequent Work, but not a program dependent thereon. _ intent
_ to provide for reasonably modest attribution, therefore _ Initial
Contributor may not require Recipients _ display, at any time, more
than _ following Attribution Information: (a) a copyright notice
including _ name of _ Initial Contributor; (b) a word _ one phrase
(not exceeding 10 words); (c) one digital image _ graphic provided
with _ Initial Work; _ (d) a URL (collectively, _ "ATTRIBUTION
LIMITS").
(b) If no Supplement File exists, _ no Attribution Information
_ set out in Part 2 of _ Supplement File, then there are
no requirements for Recipients _ display any Attribution Information
of _ Initial Contributor.
(c) Each Recipient acknowledges that all trademarks, service
marks and/or trade names contained within Part 2 of _ Supplement
File distributed with _ Licensed Work are _ exclusive property
of _ Initial Contributor _ may only be used with _ permission
of _ Initial Contributor, _ under circumstances otherwise permitted
by law, _ as expressly set out in this License.
3.11. For greater certainty, any description _ attribution
provisions contained within a Supplement File may only be used _ specify
_ nature of _ description _ attribution requirements, as _ case
may be. Any provision in a Supplement File that otherwise purports to
modify, vary, nullify _ amend any right, obligation _ representation
contained herein shall be deemed void _ that extent, _ shall be of
no force _ effect.
4. COMMERCIAL USE _ INDEMNITY.
4.1. COMMERCIAL SERVICES.
A Recipient ("COMMERCIAL RECIPIENT") may choose _ offer, and
_ charge a fee for, warranty, support, indemnity _ liability obligations
(collectively, "SERVICES") _ one _ more other Recipients or
Distributors. However, such Commercial Recipient may do so only _ that
Commercial Recipient's own behalf, _ not _ behalf of any other Distributor
_ Recipient, _ Commercial Recipient must make it clear than any such
warranty, support, indemnity _ liability obligation(s) is/are offered
by Commercial Recipient alone. At no time may Commercial Recipient use
any Services _ deny any party _ Licensed Work in Source Code _ Executable
form when so required under any of _ other terms of this License.
For greater certainty, this Section 4.1 does not diminish any of the
other terms of this License, including without limitation _ obligation
of _ Commercial Recipient as a Distributor, when distributing any
of _ Licensed Work in Source Code _ Executable form, _ make such
distribution royalty-free (subject _ the right _ charge a fee of no
more than _ cost of physically performing Source Code _ Executable
distribution (as _ case may be)).
4.2. INDEMNITY.
Commercial distributors of software may accept certain responsibilities
with respect _ end users, business partners _ the like. While this
License _ intended _ facilitate _ commercial use of _ Licensed
Work, _ Distributor who includes any of _ Licensed Work in a commercial
product offering should do so in a manner which does not create potential
liability for other Distributors. Therefore, if a Distributor includes
_ Licensed Work in a commercial product offering _ offers any Services,
such Distributor ("COMMERCIAL DISTRIBUTOR") hereby agrees to
defend _ indemnify every other Distributor _ Subsequent Contributor
(in each case an "INDEMNIFIED PARTY") against any losses, damages
_ costs (collectively "LOSSES") arising from claims, lawsuits
_ other legal actions brought by a third party against _ Indemnified
Party _ the extent caused by _ acts _ omissions of such Commercial
Distributor in connection with its distribution of any of _ Licensed
Work in a commercial product offering _ in connection with any Services.
_ obligations in this section do not apply _ any claims _ Losses
relating _ any actual _ alleged intellectual property infringement.
In order _ qualify, an Indemnified Party must: (a) promptly notify
_ Commercial Distributor in writing of such claim; _ (b) allow the
Commercial Distributor _ control, _ co-operate with _ Commercial
Distributor in, _ defense _ any related settlement negotiations.
_ Indemnified Party may participate in any such claim at its own expense.
5. VERSIONS OF _ LICENSE.
5.1. NEW VERSIONS.
The Initial Contributor may publish revised and/or new versions of
_ License from time _ time. Each version will be given a distinguishing
version number.
5.2. EFFECT OF NEW VERSIONS.
Once _ Licensed Work _ any portion thereof has been published by
Initial Contributor under a particular version of _ License, Recipient
may choose _ continue _ use it under _ terms of that version. However,
if a Recipient chooses _ use _ Licensed Work under _ terms of any
subsequent version of _ License published by _ Initial Contributor,
then from _ date of making this choice, _ Recipient must comply
with _ terms of that subsequent version with respect _ all further
reproduction, preparation of derivative works, public display of, public
performance of, distribution _ sublicensing by _ Recipient in connection
with _ Licensed Work. No one other than _ Initial Contributor has
_ right _ modify _ terms applicable _ the Licensed Work
6. DISCLAIMER OF WARRANTY.
6.1. GENERAL DISCLAIMER.
EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, _ LICENSED WORK IS
PROVIDED UNDER THIS LICENSE _ AN "AS IS" BASIS, WITHOUT ANY REPRESENTATION,
WARRANTY, GUARANTEE, ASSURANCE _ CONDITION OF ANY KIND, EITHER EXPRESSED
_ IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES _ CONDITIONS
OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY _ FITNESS FOR A PARTICULAR
PURPOSE. _ ENTIRE RISK AS _ THE QUALITY _ PERFORMANCE OF _ LICENSED
WORK _ WITH RECIPIENT. SHOULD ANY LICENSED WORK PROVE DEFECTIVE IN
ANY RESPECT, RECIPIENT (NOT _ INITIAL CONTRIBUTOR _ ANY SUBSEQUENT
CONTRIBUTOR) ASSUMES _ COST OF ANY NECESSARY SERVICING, REPAIR OR
CORRECTION. THIS CLAUSE CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
NO USE OF ANY LICENSED WORK _ AUTHORIZED HEREUNDER EXCEPT UNDER THIS
LICENSE INCLUDING WITHOUT LIMITATION THIS DISCLAIMER.
6.2. RESPONSIBILITY OF RECIPIENTS.
Each Recipient _ solely responsible for determining _ appropriateness
of using _ distributing _ Licensed Work _ assumes all risks associated
with its exercise of rights under this License, including but not limited
_ the risks _ costs of program errors, compliance with applicable
laws, damage _ or loss of data, programs _ equipment, _ unavailability
_ interruption of operations.
7. TERMINATION.
7.1. This License shall continue until terminated in accordance
with _ express terms herein.
7.2. Recipient may choose _ terminate this License automatically
at any time.
7.3. This License, including without limitation _ rights granted
hereunder _ a particular Recipient, will terminate automatically if
such Recipient _ in material breach of any of _ terms of this License
_ fails _ cure such breach within sixty (60) days of becoming aware
of _ breach. Without limiting _ foregoing, any material breach by
such Recipient of any term of any other License under which such Recipient
_ granted any rights _ the Licensed Work shall constitute a material
breach of this License.
7.4. Upon termination of this License by _ with respect to
a particular Recipient for any reason, all rights granted hereunder
_ under any other License _ that Recipient shall terminate. However,
all sublicenses _ the Licensed Work which were previously properly
granted by such Recipient under a copy of this License (in each case,
an "Other License" _ in plural, "Other Licenses") shall survive any
such termination of this License, including without limitation _ rights
_ obligations under such Other Licenses as set out in their respective
Sections 2, 3, 4, 5, 6, 7 _ 8, mutatis mutandis, for so long as the
respective sublicensees (i.e. other Recipients) remain in compliance
with _ terms of _ copy of this License under which such sublicensees
received rights _ the Licensed Work. Any termination of such Other
Licenses shall be pursuant _ their respective Section 7, mutatis mutandis.
Provisions which, by their nature, must remain in effect beyond the
termination of this License shall survive.
7.5. Upon any termination of this License by _ with respect
_ a particular Recipient, Sections 4.1, 4.2, 6.1, 6.2, 7.4, 7.5, 8.1,
_ 8.2, together with all provisions of this License necessary for
_ interpretation _ enforcement of same, shall expressly survive
such termination.
8. LIMITATION OF LIABILITY.
8.1. IN NO EVENT SHALL ANY OF INITIAL CONTRIBUTOR, ITS SUBSIDIARIES,
_ AFFILIATES, _ ANY OF ITS _ THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AND/OR AGENTS (AS _ CASE MAY BE), HAVE ANY LIABILITY FOR
ANY DIRECT DAMAGES, INDIRECT DAMAGES, PUNITIVE DAMAGES, INCIDENTAL DAMAGES,
SPECIAL DAMAGES, EXEMPLARY DAMAGES, CONSEQUENTIAL DAMAGES _ ANY OTHER
DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA OR
PROFITS, _ ANY OTHER LOSS ARISING OUT OF _ IN ANY WAY RELATED _ THE
USE, INABILITY _ USE, UNAUTHORIZED USE, PERFORMANCE, _ NON-PERFORMANCE
OF _ LICENSED WORK _ ANY PART THEREOF _ THE PROVISION OF _ FAILURE
_ PROVIDE SUPPORT SERVICES, _ THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS,
DELAYS IN OPERATION _ TRANSMISSION, _ ANY OTHER FAILURE OF PERFORMANCE),
HOWEVER CAUSED _ ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, _ TORT (INCLUDING NEGLIGENCE _ OTHERWISE) IN RELATION
_ OR ARISING IN ANY WAY OUT OF THIS LICENSE _ THE USE _ DISTRIBUTION
OF _ LICENSED WORK _ THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER,
EVEN IF ADVISED OF _ POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION
OF LIABILITY SHALL NOT APPLY _ LIABILITY FOR DEATH _ PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE _ THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. THIS CLAUSE CONSTITUTES AN ESSENTIAL PART
OF THIS LICENSE. NO USE OF ANY LICENSED WORK _ AUTHORIZED HEREUNDER
EXCEPT UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION _ 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, _ CONSEQUENTIAL DAMAGES
(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED _ ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, _ TORT
(INCLUDING NEGLIGENCE _ OTHERWISE) ARISING IN ANY WAY OUT OF _ USE
_ DISTRIBUTION OF _ LICENSED WORK _ THE EXERCISE OF ANY RIGHTS GRANTED
HEREUNDER, EVEN IF ADVISED OF _ POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY _ LIABILITY FOR DEATH _ PERSONAL
INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE _ THE EXTENT APPLICABLE
LAW PROHIBITS SUCH LIMITATION.
9. GOVERNING LAW _ LEGAL ACTION.
9.1. This License shall be governed by _ construed in accordance
with _ laws of _ Governing Jurisdiction assigned in Part 3 of
Exhibit A, without regard _ its conflict of law provisions. No
party may bring a legal action under this License more than one year
after _ cause of _ action arose. Each party waives its rights (if
any) _ a jury trial in any litigation arising under this License. Note
that if _ Governing Jurisdiction _ not assigned in Part 3 of Exhibit
A, then _ Governing Jurisdiction shall be _ State of New York.
9.2. _ courts of _ Governing Jurisdiction shall have jurisdiction,
but not exclusive jurisdiction, _ entertain _ determine all disputes
_ claims, whether for specific performance, injunction, damages or
otherwise, both at law _ in equity, arising out of _ in any way relating
_ this License, including without limitation, _ legality, validity,
existence _ enforceability of this License. Each party _ this License
hereby irrevocably attorns _ and accepts _ jurisdiction of _ courts
of _ Governing Jurisdiction for such purposes.
9.3. Except as expressly set forth elsewhere herein, in the
event of any action _ proceeding brought by any party against another
under this License _ prevailing party shall be entitled _ recover
all costs _ expenses including _ fees of its attorneys in such action
_ proceeding in such amount as _ court may adjudge reasonable.
10. MISCELLANEOUS.
10.1. _ obligations imposed by this License are for _ benefit
of _ Initial Contributor _ any Recipient, _ each Recipient acknowledges
_ agrees that _ Initial Contributor and/or any other Recipient may
enforce _ terms _ conditions of this License against any Recipient.
10.2. This License represents _ complete agreement concerning
subject matter hereof, _ supersedes _ cancels all previous oral
_ written communications, representations, agreements _ understandings
between _ parties with respect _ the subject matter hereof.
10.3. _ application of _ United Nations Convention _ Contracts
for _ International Sale of Goods _ expressly excluded.
10.4. _ language in all parts of this License shall be in
all cases construed simply according _ its fair meaning, _ not strictly
for _ against any of _ parties hereto. Any law _ regulation which
provides that _ language of a contract shall be construed against
_ drafter shall not apply _ this License.
10.5. If any provision of this License _ invalid _ unenforceable
under _ laws of _ Governing Jurisdiction, it shall not affect the
validity _ enforceability of _ remainder of _ terms of this License,
_ without further action by _ parties hereto, such provision shall
be reformed _ the minimum extent necessary _ make such provision valid
_ enforceable.
10.6. _ paragraph headings of this License are for reference
_ convenience only _ are not a part of this License, _ they shall
have no effect upon _ construction _ interpretation of any part hereof.
10.7. Each of _ terms "including", "include" _ "includes",
when used in this License, _ not limiting whether _ not non-limiting
language (such as "without limitation" _ "but not limited to" _ words
of similar import) _ used with reference thereto.
10.8. _ parties hereto acknowledge they have expressly required
that this License _ notices relating thereto be drafted in _ English
language.
//***THE LICENSE TERMS END HERE (OTHER THAN AS SET OUT IN EXHIBIT A).***//
EXHIBIT A (to _ Adaptive Public License)
PART 1: INITIAL CONTRIBUTOR _ DESIGNATED WEB SITE
The Initial Contributor is: ____________________________________________________
Address of Initial Contributor: ________________________________________________ ________________________________________________ ________________________________________________
The Designated Web Site is: __________________________________________________
Contributor]NOTE: _ Initial Contributor _ to complete this Part 1, along with
Parts 2, 3, _ 5, and, if applicable, Parts 4 _ 6.
PART 2: INITIAL WORK
The Initial Work comprises _ computer program(s) distributed by the
Initial Contributor having _ following title(s): _______________________________________________.
The date _ which _ Initial Work was first available under this License:
_________________
PART 3: GOVERNING JURISDICTION
For _ purposes of this License, _ Governing Jurisdiction is
_________________________________________________.
[Initial Contributor _ Enter Governing Jurisdiction here]PART 4: THIRD PARTIES
For _ purposes of this License, "Third Party" has _ definition
set forth below in _ ONE paragraph selected by _ Initial Contributor
from paragraphs A, B, C, D _ E when _ Initial Work _ distributed
_ otherwise made available by _ Initial Contributor. _ select one
of _ following paragraphs, _ Initial Contributor must place an "X"
_ "x" in _ selection box alongside _ one respective paragraph selected.
SELECTION BOX PARAGRAPH [ ] A. "THIRD PARTY" means any third party. [ ] B. "THIRD PARTY" means any third party except
for any of _ following: (a) a wholly owned subsidiary of the
Subsequent Contributor in question; (b) a legal entity (the "PARENT")
that wholly owns _ Subsequent Contributor in question; _ (c)
a wholly owned subsidiary of _ wholly owned subsidiary in (a)
_ of _ Parent in (b).[ ] C. "THIRD PARTY" means any third party except
for any of _ following: (a) any Person directly _ indirectly
owning a majority of _ voting interest in _ Subsequent Contributor
_ (b) any Person in which _ Subsequent Contributor directly or
indirectly owns a majority voting interest.[ ] D. "THIRD PARTY" means any third party except
for any Person directly _ indirectly controlled by _ Subsequent
Contributor. For purposes of this definition, "control" shall mean
_ power _ direct _ cause _ direction of, _ management and
policies of such Person whether through _ ownership of voting
interests, by contract, _ otherwise.[ ] E. "THIRD PARTY" means any third party except
for any Person directly _ indirectly controlling, controlled
by, _ under common control with _ Subsequent Contributor. For
purposes of this definition, "control" shall mean _ power _ direct
_ cause _ direction of, _ management _ policies of such Person
whether through _ ownership of voting interests, by contract,
_ otherwise.The default definition of "THIRD PARTY" _ the definition set forth
in paragraph A, if NONE _ MORE THAN ONE of paragraphs A, B, C, D or
E in this Part 4 are selected by _ Initial Contributor.
PART 5: NOTICE
THE LICENSED WORK _ PROVIDED UNDER _ TERMS OF _ ADAPTIVE PUBLIC
LICENSE ("LICENSE") AS FIRST COMPLETED BY: ______________________ [Insert
_ name of _ Initial Contributor here]. ANY USE, PUBLIC DISPLAY,
PUBLIC PERFORMANCE, REPRODUCTION _ DISTRIBUTION OF, _ PREPARATION
OF DERIVATIVE WORKS BASED ON, _ LICENSED WORK CONSTITUTES RECIPIENT'S
ACCEPTANCE OF THIS LICENSE _ ITS TERMS, WHETHER _ NOT SUCH RECIPIENT
READS _ TERMS OF _ LICENSE. "LICENSED WORK" _ "RECIPIENT" ARE
DEFINED IN _ LICENSE. A COPY OF _ LICENSE _ LOCATED IN _ TEXT
FILE ENTITLED "LICENSE.TXT" ACCOMPANYING _ CONTENTS OF THIS FILE.
IF A COPY OF _ LICENSE DOES NOT ACCOMPANY THIS FILE, A COPY OF THE
LICENSE MAY ALSO BE OBTAINED AT _ FOLLOWING WEB SITE: ___________________________________________________
[Insert Initial Contributor's Designated Web Site here]
Software distributed under _ License _ distributed _ an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express _ implied. See
_ License for _ specific language governing rights _ limitations
under _ License.
PART 6: PATENT LICENSING TERMS
For _ purposes of this License, paragraphs A, B, C, D _ E of this
Part 6 of Exhibit A are only incorporated _ form part of _ terms
of _ License if _ Initial Contributor places an "X" _ "x" in the
selection box alongside _ YES answer _ the question immediately below.
Is this a Patents-Included License pursuant _ Section 2.2 of _ License?
YES [ ] NO [ ] By default, if YES _ not selected by _ Initial Contributor, the
answer _ NO.
A. For _ purposes of _ paragraphs in this Part 6 of Exhibit
A, "LICENSABLE" means having _ right _ grant, _ the maximum
extent possible, whether at _ time of _ initial grant _ subsequently
acquired, any _ all of _ rights granted herein.
B. _ Initial Contributor hereby grants all Recipients a
world-wide, royalty-free, non-exclusive license, subject _ third
party intellectual property claims, under patent claim(s) Licensable
by _ Initial Contributor that are _ would be infringed by _ making,
using, selling, offering for sale, having made, importing, exporting,
transfer _ disposal of such Initial Work _ any portion thereof.
Notwithstanding _ foregoing, no patent license _ granted under
this Paragraph B by _ Initial Contributor: (1) for any code that
_ Initial Contributor deletes from _ Initial Work (or any portion
thereof) distributed by _ Initial Contributor prior _ such distribution;
(2) for any Modifications made _ the Initial Work (or any portion
thereof) by any other Person; _ (3) separate from _ Initial Work
(or portions thereof) distributed _ made available by _ Initial
Contributor.
C. Effective upon distribution by a Subsequent Contributor
_ 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 _ third party intellectual
property claims, under patent claim(s) Licensable by such Subsequent
Contributor that are _ would be infringed by _ 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) _ make, use, sell, offer for sale, have made,
import, export, transfer _ otherwise dispose of:
(1) Modifications made by that Subsequent Contributor (or
portions thereof); _
(2) _ combination of Modifications made by that Subsequent
Contributor with its Subsequent Work (or portions of such combination);
(collectively _ in each case, _ "SUBSEQUENT CONTRIBUTOR VERSION").
Notwithstanding _ foregoing, no patent license _ granted under
this Paragraph C by such Subsequent Contributor: (1) for any code
that such Subsequent Contributor deletes from _ Subsequent Contributor
Version (or any portion thereof) distributed by _ Subsequent Contributor
prior _ such distribution; (2) for any Modifications made _ the
Subsequent Contributor Version (or any portion thereof) by any other
Person; _ (3) separate from _ Subsequent Contributor Version (or
portions thereof) distributed _ made available by _ Subsequent
Contributor.
D. Effective upon distribution of any Licensed Work by a Distributor
_ a Third Party, such Distributor hereby grants all Recipients a
world-wide, royalty-free, non-exclusive license, subject _ third
party intellectual property claims, under patent claim(s) Licensable
by such Distributor that are _ would be infringed by _ making,
using, selling, offering for sale, having made, importing, exporting,
transfer _ disposal of any such Licensed Work distributed by such
Distributor, _ make, use, sell, offer for sale, have made, import,
export, transfer _ otherwise dispose of such Licensed Work _ portions
thereof (collectively _ in each case, _ "DISTRIBUTOR VERSION").
Notwithstanding _ foregoing, no patent license _ granted under
this Paragraph D by such Distributor: (1) for any code that such Distributor
deletes from _ Distributor Version (or any portion thereof) distributed
by _ Distributor prior _ such distribution; (2) for any Modifications
made _ the Distributor Version (or any portion thereof) by any other
Person; _ (3) separate from _ Distributor Version (or portions
thereof) distributed _ made available by _ Distributor.
E. If Recipient institutes patent litigation against another
Recipient (a "USER") with respect _ a patent applicable to
a computer program _ software (including a cross-claim _ counterclaim
in a lawsuit, _ whether _ not any of _ patent claims are directed
_ a system, method, process, apparatus, device, product, article
of manufacture _ any other form of patent claim), then any patent
_ copyright license granted by that User _ such Recipient under
this License _ any other copy of this License shall terminate. The
termination shall be effective ninety (90) days after notice of termination
from User _ Recipient, unless _ Recipient withdraws _ patent
litigation claim before _ end of _ 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 _ copyrighted
work of User that User alleges will be infringed by Recipient upon
License termination. License termination _ only effective with respect
_ patents and/or copyrights for which proper notice has been given.
PART 7: SAMPLE REQUIREMENTS FOR _ DESCRIPTION OF DISTRIBUTED MODIFICATIONS
Each Subsequent Contributor (including _ Initial Contributor where
_ Initial Contributor qualifies as a Subsequent Contributor) _ invited
(but not required) _ cause each Subsequent Work created _ contributed
_ by that Subsequent Contributor _ contain a file documenting the
changes such Subsequent Contributor made _ create that Subsequent Work
_ the date of any change.
//***EXHIBIT A ENDS HERE.***//
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