ADAPTIVE PUBLIC LICENSE

... Beginn Ausschnitt ...

Version 1.0

THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THIS ADAPTIVE

PUBLIC LICENSE ("LICENSE"). ANY USE, REPRODUCTION OR

DISTRIBUTION OF THE LICENSED WORK CONSTITUTES RECIPIENT'S ACCEPTANCE OF

THIS LICENSE AND ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE TERMS

OF THIS LICENSE. "LICENSED WORK" AND "RECIPIENT" ARE DEFINED BELOW.

IMPORTANT NOTE: This License is "adaptive", and the generic version or

another version of an Adaptive Public License should not be relied upon

to determine your rights and obligations under this License. You must

read the specific Adaptive Public License that you receive with the Licensed

Work, as certain terms are defined at the outset by the Initial Contributor.

See Section 2.2 below, Exhibit A attached, and any Suppfile.txt accompanying

this License to determine the specific adaptive features applicable to

this License. For example, without limiting the foregoing, (a) for selected

choice of law and jurisdiction see Part 3 of Exhibit A; (b) for the selected

definition of Third Party see Part 4 of Exhibit A; and (c) for selected

patent licensing terms (if any) see Section 2.2 below and Part 6 of Exhibit

A.

1. DEFINITIONS.

1.1. "CONTRIBUTION" means:

(a) In the case of the Initial Contributor, the Initial Work distributed

under this License by the Initial Contributor; and

(b) In the case of each Subsequent Contributor, the Subsequent Work

originating from and distributed by such Subsequent Contributor.

1.2. "DESIGNATED WEB SITE" means

the web site having the URL identified in Part 1 of Exhibit

A, which URL may be changed by the Initial Contributor by posting

on the current Designated Web Site the new URL for at least sixty (60)

days.

1.3. "DISTRIBUTOR" means any Person

that distributes the Licensed Work or any portion thereof to at least

one Third Party.

1.4. "ELECTRONIC DISTRIBUTION MECHANISM"

means any mechanism generally accepted in the software development community

for the electronic transfer of data.

1.5. "EXECUTABLE" means the Licensed

Work in any form other than Source Code.

1.6. "GOVERNING JURISDICTION" means

the state, province or other legal jurisdiction identified in Part

3 of Exhibit A.

1.7. "INDEPENDENT MODULE" means a

separate module of software and/or data that is not a derivative work

of or copied from the Licensed Work or any portion thereof. In addition,

a module does not qualify as an Independent Module but instead forms

part of the Licensed Work if the module: (a) is embedded in the Licensed

Work; (b) is included by reference in the Licensed Work other than by

a function call or a class reference; or (c) must be included or contained,

in whole or in part, within a file directory or subdirectory actually

containing files making up the Licensed Work.

1.8. "INITIAL CONTRIBUTOR" means

the Person or entity identified as the Initial Contributor in the notice

required by Part 1 of Exhibit A.

1.9. "INITIAL WORK" means the initial

Source Code, object code (if any) and documentation for the computer

program identified in Part 2 of Exhibit A, as such

Source Code, object code and documentation is distributed under this

License by the Initial Contributor.

1.10. "LARGER WORK" means a work

that combines the Licensed Work or portions thereof with code not governed

by this License.

1.11. "LICENSED WORK" means the Initial

Work and/or any Subsequent Work, in each case including portions thereof.

1.12. "LICENSE NOTICE" has the meaning

assigned in Part 5 of Exhibit A.

1.13. "MODIFICATION" or "MODIFICATIONS"

means any change to and/or addition to the Licensed Work.

1.14. "PERSON" means an individual

or other legal entity, including a corporation, partnership or other

body.

1.15. "RECIPIENT" means any Person

who receives or obtains the Licensed Work under this License (by way

of example, without limiting the foregoing, any Subsequent Contributor

or Distributor).

1.16. "SOURCE CODE" means the source

code for a computer program, including the source code for all modules

and components of the computer program, plus any associated interface

definition files, and scripts used to control compilation and installation

of an executable.

1.17. "SUBSEQUENT CONTRIBUTOR" means

any Person that makes or contributes to the making of any Subsequent

Work and that distributes that Subsequent Work to at least one Third

Party.

1.18. "SUBSEQUENT WORK" means a work

that has resulted or arises from changes to and/or additions to:

(a) the Initial Work;

(b) any other Subsequent Work; or

(c) to any combination of the Initial Work and 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

the Subsequent Work was a result of efforts by such Subsequent Contributor

(or anyone acting on such Subsequent Contributor's behalf, such as,

a contractor or other entity that is engaged by or under the direction

of the Subsequent Contributor). For greater certainty, a Subsequent

Work expressly excludes and shall not capture within its meaning any

Independent Module.

1.19. "SUPPLEMENT FILE" means a file

distributed with the Licensed Work having a file name "suppfile.txt".

1.20. "THIRD PARTY" has the meaning

assigned in Part 4 of Exhibit A.

2. LICENSE.

2.1. COPYRIGHT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.

(a) Subject to the terms of this License, the 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 and sublicense the Initial Work; and

(ii) reproduce, publicly display, publicly perform, distribute,

and sublicense any derivative works (if any) prepared by Recipient;

in Source Code and Executable form, either with other Modifications,

on an unmodified basis, or as part of a Larger Work.

(b) Subject to 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 and sublicense the Subsequent Work

of such Subsequent Contributor; and

(ii) reproduce, publicly display, publicly perform, distribute,

and sublicense any derivative works (if any) prepared by Recipient;

in Source Code and Executable form, either with other Modifications,

on an unmodified basis, or as part of a Larger Work.

2.2. PATENT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.

(a) This License does not include or grant any patent license

whatsoever from the Initial Contributor, Subsequent Contributor, or

any Distributor unless, at the time the Initial Work is first distributed

or made available under this License (as the case may be), the Initial

Contributor has selected pursuant to Part 6 of Exhibit A

the patent terms in paragraphs A, B, C, D and E from Part

6 of Exhibit A. If this is not done then the Initial Work

and any other Subsequent Work is made available under the License

without any patent license (the "PATENTS-EXCLUDED LICENSE").

(b) However, the Initial Contributor may subsequently distribute

or make available (as the case may be) future copies of: (1) the Initial

Work; or (2) any Licensed Work distributed by the Initial Contributor

which includes the Initial Work (or any portion thereof) and/or any

Modification made by the Initial Contributor; available under a License

which includes a patent license (the "PATENTS-INCLUDED LICENSE")

by selecting pursuant to Part 6 of Exhibit A the

patent terms in paragraphs A, B, C, D and E from Part 6 of

Exhibit A, when the Initial Contributor distributes or makes

available (as the case may be) such future copies under this License.

(c) If any Recipient receives or obtains one or more copies

of the Initial Work or any other portion of the Licensed Work under

the Patents-Included License, then all licensing of such copies under

this License shall include the terms in paragraphs A, B, C, D and

E from Part 6 of Exhibit A and that Recipient shall

not be able to rely upon the Patents-Excluded License for any such

copies. However, all Recipients that receive one or more copies of

the Initial Work or any other portion of the Licensed Work under a

copy of the License which includes the Patents-Excluded License shall

have no patent license with respect to such copies received under

the Patents-Excluded License and availability and distribution of

such copies, including Modifications made by such Recipient to such

copies, shall be under a copy of the License without any patent license.

(d) Where a Recipient uses in combination or combines any

copy of the Licensed Work (or portion thereof) licensed under a copy

of the License having a Patents-Excluded License with any copy of

the Licensed Work (or portion thereof) licensed under a copy of the

License having a Patents-Included License, the combination (and any

portion thereof) shall, from the first time such Recipient uses, makes

available or distributes the combination (as the case may be), be

subject to only the terms of the License having the Patents-Included

License which shall include the terms in paragraphs A, B, C, D and

E from Part 6 of Exhibit A.

2.3. ACKNOWLEDGEMENT AND DISCLAIMER.

Recipient understands and agrees that although Initial Contributor

and each Subsequent Contributor grants the licenses to its Contributions

set forth herein, no representation, warranty, guarantee or assurance

is provided by any Initial Contributor, Subsequent Contributor, or Distributor

that the Licensed Work does not infringe the patent or other intellectual

property rights of any other entity. Initial Contributor, Subsequent

Contributor, and each Distributor disclaims any liability to Recipient

for claims brought by any other entity based on infringement of intellectual

property rights or otherwise, in relation to the Licensed Works. As

a condition to exercising the rights and licenses granted hereunder,

each Recipient hereby assumes sole responsibility to secure any other

intellectual property rights needed, if any. For example, without limiting

the foregoing disclaimers, if a third party patent license is required

to allow Recipient to distribute the Licensed Work, it is Recipient's

responsibility to acquire that license before distributing the Licensed

Work.

2.4. RESERVATION.

Nothing in this License shall be deemed to grant any rights to trademarks,

copyrights, patents, trade secrets or any other intellectual property

of Initial Contributor, Subsequent Contributor, or 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 to the public via an Electronic Distribution

Mechanism for a period of at least twelve (12) months. The aforesaid

twelve (12) month period shall begin within a reasonable time

after the creation of the Subsequent Work and no later than sixty

(60) days after first distribution of that Subsequent Contributor's

Subsequent Work.

(b) All Distributors must distribute the Licensed Work in

accordance with the terms of the License, and must include a copy

of this License (including without limitation Exhibit A and the accompanying

Supplement File) with each copy of the Licensed Work distributed.

In particular, this License must be prominently distributed with the

Licensed Work in a file called "license.txt." In addition, the License

Notice in Part 5 of Exhibit A must be included at the beginning of

all Source Code files, and viewable to a user in any executable such

that the License Notice is reasonably brought to the attention

of any party using the Licensed Work.

3.2. EXECUTABLE DISTRIBUTIONS OF THE LICENSED WORK.

A Distributor may choose to distribute the Licensed Work, or any portion

thereof, in Executable form (an "EXECUTABLE DISTRIBUTION")

to any third party, under the terms of Section 2 of this License, provided

the Executable Distribution is made available under and accompanied

by a copy of this License, AND provided at least

ONE of the following conditions is fulfilled:

(a) The Executable Distribution must be accompanied by the

Source Code for the Licensed Work making up the Executable Distribution,

and the Source Code must be distributed on the same media as the Executable

Distribution or using an Electronic Distribution Mechanism; or

(b) The Executable Distribution must be accompanied with a

written offer, valid for at least thirty six (36) months, to give

any third party under the terms of this License, for a charge no more

than the cost of physically performing source distribution, a complete

machine-readable copy of the Source Code for the Licensed Work making

up the Executable Distribution, to be available and distributed using

an Electronic Distribution Mechanism, and such Executable Distribution

must remain available in Source Code form to any third party via the

Electronic Distribution Mechanism (or any replacement Electronic Distribution

Mechanism the particular Distributor may reasonably need to turn to

as a substitute) for said at least thirty six (36) months.

For greater certainty, the above-noted requirements apply to any Licensed

Work or portion thereof distributed to any third party in Executable

form, whether such distribution is made alone, in combination with a

Larger Work or Independent Modules, or in some other combination.

3.3. SOURCE CODE DISTRIBUTIONS.

When a Distributor makes the Licensed Work, or any portion thereof,

available to any Person in Source Code form, it must be made available

under this License and a copy of this License must be included with

each copy of the Source Code, situated so that the copy of the License

is conspicuously brought to the attention of that Person. For greater

clarification, this Section 3.3 applies to all distribution of the 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

the cost of physically performing source distribution.

3.4. REQUIRED NOTICES IN SOURCE CODE.

Each Subsequent Contributor must ensure that the notice set out in

Part 5 of Exhibit A is included in each file of the

Source Code for each Subsequent Work originating from that particular

Subsequent Contributor, if such notice is not already included in each

such file. If it is not possible to put such notice in a particular

Source Code file due to its structure, then the Subsequent Contributor

must include such notice in a location (such as a relevant directory

in which the file is stored) where a user would be likely to look for

such a notice.

3.5. NO DISTRIBUTION REQUIREMENTS FOR INTERNALLY USED MODIFICATIONS.

Notwithstanding Sections 3.2, 3.3 and 3.4, Recipient may, internally

within its own corporation or organization use the Licensed Work, including

the Initial Work and Subsequent Works, and make Modifications for internal

use within Recipient's own corporation or organization (collectively,

"INTERNAL USE MODIFICATIONS"). The Recipient shall

have no obligation to distribute, in either Source Code or Executable

form, any such Internal Use Modifications made by Recipient in the course

of such internal use, except where required below in this Section 3.5.

All Internal Use Modifications distributed to any Person, whether or

not a Third Party, shall be distributed pursuant to and be accompanied

by the terms of this License. If the Recipient chooses to distribute

any such Internal Use Modifications to any Third Party, then the Recipient

shall be deemed a Subsequent Contributor, and any such Internal Use

Modifications distributed to any Third Party shall be deemed a Subsequent

Work originating from that Subsequent Contributor, and shall from the

first such instance become part of the Licensed Work that must thereafter

be distributed and made available to third parties in accordance with

the terms of Sections 3.1 to 3.4 inclusive.

3.6. INDEPENDENT MODULES.

This License shall not apply to Independent Modules of any Initial

Contributor, Subsequent Contributor, Distributor or any Recipient, and

such Independent Modules may be licensed or made available under one

or more separate license agreements.

3.7. LARGER WORKS.

Any Distributor or Recipient may create or contribute to a Larger Work

by combining any of the Licensed Work with other code not governed by

the terms of this License, and may distribute the Larger Work as one

or more products. However, in any such case, Distributor or Recipient

(as the case may be) must make sure that the requirements of this License

are fulfilled for the Licensed Work portion of the Larger Work.

3.8. DESCRIPTION OF DISTRIBUTED MODIFICATIONS.

(a) Each Subsequent Contributor (including the Initial Contributor

where the Initial Contributor also qualifies as a Subsequent Contributor)

must cause each Subsequent Work created or contributed to by that

Subsequent Contributor to contain a file documenting the changes,

in accordance with the requirements of Part 1 of the Supplement

File, that such Subsequent Contributor made in the creation

or contribution to that Subsequent Work. If no Supplement File exists

or no requirements are set out in Part 1 of the Supplement

File, then there are no requirements for Subsequent Contributors

to document changes that they make resulting in Subsequent Works.

(b) The Initial Contributor may at any time introduce requirements

or add to or change earlier requirements (in each case, the "EARLIER

DESCRIPTION REQUIREMENTS") for documenting changes resulting

in Subsequent Works by revising Part 1 of each copy

of the Supplement File distributed by the Initial Contributor with

future copies of the 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 or any Subsequent Work under a copy of this License (in each

case, an "Earlier LICENSED COPY") having the Earlier Description

Requirements may choose, with respect to each such Earlier Licensed

Copy, to comply with the Earlier Description Requirements or the New

Description Requirements. Where a Recipient chooses to comply with

the 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 the New Description Requirements.

(d) For greater certainty, the intent of Part 1 of the

Supplement File is to provide a mechanism (if any) by which Subsequent

Contributors must document changes that they make to the Licensed

Work resulting in Subsequent Works. Part 1 of any Supplement File

shall not be used to increase or reduce the scope of the license granted

in Article 2 of this License or in any other way increase or decrease

the rights and obligations of any Recipient, and shall at no time

serve as the basis for terminating the License. Further, a Recipient

can be required to correct and change its documentation procedures

to comply with Part 1 of the Supplement File, but cannot be

penalised with damages. Part 1 of any Supplement File is only

binding on each Recipient of any Licensed Work to the extent Part

1 sets out the requirements for documenting changes to the Initial

Work or any Subsequent Work.

(e) An example of a set of requirements for documenting changes

and contributions made by Subsequent Contributor is set out in Part

7 of Exhibit A of this License. Part 7 is a sample only

and is not binding on Recipients, unless (subject to the earlier paragraphs

of this Section 3.8) those are the requirements that the Initial Contributor

includes in Part 1 of the Supplement File with the copies of

the 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

to endorse or promote the Licensed Work or products derived from the

Licensed Work, without prior written permission.

3.10. LIMITED RECOGNITION OF INITIAL CONTRIBUTOR.

(a) As a modest attribution to the Initial Contributor, in

the hope that its promotional value may help justify the time, money

and effort invested in writing the Initial Work, the Initial Contributor

may include in Part 2 of the Supplement File a requirement

that each time an executable program resulting from the Initial Work

or any Subsequent Work, or a program dependent thereon, is launched

or run, a prominent display of the Initial Contributor's attribution

information must occur (the "ATTRIBUTION INFORMATION"). The

Attribution Information must be included at the beginning of each

Source Code file. For greater certainty, the Initial Contributor may

specify in the Supplement File that the above attribution requirement

only applies to an executable program resulting from the Initial Work

or any Subsequent Work, but not a program dependent thereon. The intent

is to provide for reasonably modest attribution, therefore the Initial

Contributor may not require Recipients to display, at any time, more

than the following Attribution Information: (a) a copyright notice

including the name of the Initial Contributor; (b) a word or one phrase

(not exceeding 10 words); (c) one digital image or graphic provided

with the Initial Work; and (d) a URL (collectively, the "ATTRIBUTION

LIMITS").

(b) If no Supplement File exists, or no Attribution Information

is set out in Part 2 of the Supplement File, then there are

no requirements for Recipients to display any Attribution Information

of the Initial Contributor.

(c) Each Recipient acknowledges that all trademarks, service

marks and/or trade names contained within Part 2 of the Supplement

File distributed with the Licensed Work are the exclusive property

of the Initial Contributor and may only be used with the permission

of the Initial Contributor, or under circumstances otherwise permitted

by law, or as expressly set out in this License.

3.11. For greater certainty, any description or attribution

provisions contained within a Supplement File may only be used to specify

the nature of the description or attribution requirements, as the case

may be. Any provision in a Supplement File that otherwise purports to

modify, vary, nullify or amend any right, obligation or representation

contained herein shall be deemed void to that extent, and shall be of

no force or effect.

4. COMMERCIAL USE AND INDEMNITY.

4.1. COMMERCIAL SERVICES.

A Recipient ("COMMERCIAL RECIPIENT") may choose to offer, and

to charge a fee for, warranty, support, indemnity or liability obligations

(collectively, "SERVICES") to one or more other Recipients or

Distributors. However, such Commercial Recipient may do so only on that

Commercial Recipient's own behalf, and not ...

</tr>

</td>

</tr>

</tbody>

</table>

</tr>

</tr>

</tr>

</td>

</tr>

</tbody>

</table>

</tr>

</td>

</tr>

</tbody>

</table>

<td width="80"></td>

</tr>

<td></td>

<td></td>

</tr>

<td></td>

</tr>

</tr>

<td>

</td>

</tr>

</tr>

<td>

</td>

</tr>

</tr>

<td>

</td>

</tr>

</tr>

<td>

</td>

</tr>

</tbody>

</table>

</tr>

</tr>

</tbody>

</table>

... Ende Ausschnitt ...

Unbegrenzter Zugang zu allen Dokumenten.


Zugang zu allen Dokumenten kaufen

Sie haben bereits einen Zugang? Melden Sie sich hier bitte an.



Kostenloses Support-Forum: Unsere Anwälte beantworten gern Ihre Fragen zu "Adaptive Public License" in unserem ExpertenForum.

Sofort downloaden und anpassen: Alle Verträge können Sie gleich nach dem Kauf in den üblichen Programmen bearbeiten und anpassen.

Kompetente Beratung durch unsere Rechtsanwälte: Falls Sie das Dokument "Adaptive Public License" oder einen anderen Vertrag bzw. Vorlage anwaltlich anpassen wollen stehen Ihnen unsere Rechtsanwälte gern zur Verfügung. Fragen Sie uns nach einem Kostenvoranschlag!