OCLC Research Public License 2.0 Terms & Conditions Of Use May, 2002 Copyright ©2002. OCLC Research. All Rights Reserved
PLEASE READ THIS DOCUMENT CAREFULLY. BY DOWNLOADING OR USING THE CODE BASE
AND/OR DOCUMENTATION ACCOMPANYING THIS LICENSE (THE "License"), YOU AGREE TO
THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE.
Section 1. Your Rights
Subject to these terms and conditions of this License, the OCLC Office of Research (the
"Original Contributor") and each subsequent contributor (collectively with the Original Contributor, the
"Contributors") hereby grant you a non-exclusive, worldwide, no-charge, transferable license to execute,
prepare...ivative works of, and distribute (internally and externally), for commercial and noncommercial
purposes, the original code contributed by Original Contributor and all Modifications (collectively called
Section 2. Definitions
A "Modification" to the Program is any addition to or deletion from the contents of any file of
the Program and any new file that contains any part of the Program. If you make a Modification and
distribute the Program externally you are a "Contributor." The distribution of the Program must be under
the terms of this license including those in Section 3 below.
A "Combined Work" results from combining and integrating all or parts of the Program with
other code. A Combined Work may be thought of as having multiple parents or being result of multiple
lines of code development.
Section 3. Distribution Licensing Terms
A. General Requirements
Except as necessary to recognize third-party rights or third-party restriction (see
below), a distribution of the Program in any of the forms listed below must not put any
further restrictions on the recipient's exercise of the rights granted herein.
As a Contributor, you represent that your Modification(s) are your original creation(s)
and, to the best of your knowledge, no third party has any claim (including but not
limited to intellectual property claims) relating to your Modification(s). You represent
that each of your Modifications includes complete details of any third-party right or
other third-party restriction associated with any part of your Modification (including a
copy of any applicable license agreement).
The Program must be distributed without charge beyond the costs of physically
transferring the files to the recipient.
This Warranty Disclaimer/Limitation of Liability must be prominently displayed with
every distribution of the Program in any form:
YOU AGREE THAT THE PROGRAM IS PROVIDED AS-IS, WITHOUT WARRANTY
OF ANY KIND (EITHER EXPRESS OR IMPLIED). ACCORDINGLY, OCLC MAKES
NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EITHER EXPRESS
OR IMPLIED, AND DISCLAIMS ALL SUCH WARRANTIES, REPRESENTATIONS OR
GUARANTEES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, AS TO:
(A) THE FUNCTIONALITY OR NONINFRINGEMENT OF PROGRAM, ANY
MODIFICATION, A COMBINED WORK OR AN AGGREGATE WORK; OR (B) THE
RESULTS OF ANY PROJECT UNDERTAKEN USING THE PROGRAM, ANY
MODIFICATION, A COMBINED WORK OR AN AGGREGATE WORK. IN NO EVENT
SHALL THE CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE
PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU
HEREBY WAIVE ANY CLAIMS FOR DAMAGES OF ANY KIND AGAINST
CONTRIBUTORS WHICH MAY RESULT FROM YOUR USE OF THE PROGRAM.
B. Requirements for a Distribution of Modifiable Code
If you distribute the Program in a form to which the recipient can make Modifications
(e.g. source code), the terms of this license apply to use by recipient. In addition, each
source and data file of the Program and any Modification you distribute must contain
the following notice:
"Copyright (c) 2000- (insert then current year) OCLC Online Computer Library Center,
Inc. and other contributors. All rights reserved. The contents of this file, as updated
from time to time by the OCLC Office of Research, are subject to OCLC Research
Public License Version 2.0 (the "License"); you may not use this file except in
compliance with the License. You may obtain a current copy of the License at
purl.oclc.org/oclc/research/ORPL/. Software distributed under the License is
distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express
or implied. See the License for the specific language governing rights and limitations
under the License. This software consists of voluntary contributions made by many
individuals on behalf of OCLC Research. For more information on OCLC Research,
please see www.oclc.org/oclc/research/. The Original Code is
______________________________. The Initial Developer of the Original Code is
________________________. Portions created by ______________________ are
Copyright (C) _____ _______________________. All Rights Reserved. Contributor(s):
C. Requirements for a Distribution of Non-modifiable Code
If you distribute the Program in a form to which the recipient cannot make Modifications
(e.g. object code), the terms of this license apply to use by recipient and you must
include the following statement in appropriate and conspicuous locations:
"Copyright (c) 2000- (insert then current year) OCLC Online Computer Library Center,
Inc. and other contributors. All rights reserved."
In addition, the source code must be included with the object code distribution or the
distributor must provide the source code to the recipient upon request.
D. Requirements for a Combined Work Distribution
Distributions of Combined Works are subject to the terms of this license and must be
made at no charge to the recipient beyond the costs of physically transferring the files
A Combined Work may be distributed as either modifiable or non-modifiable code. The
requirements of Section 3.B or 3.C above (as appropriate) apply to such distributions.
An "Aggregate Work" is when the Program exists, without integration, with other
programs on a storage medium. This License does not apply to portions of an
Aggregate Work which are not covered by the definition of "Program" provided in this
License. You are not forbidden from selling an Aggregate Work. However, the Program
contained in an Aggregate Work is subject to this License. Also, should the Program
be extracted from an Aggregate Work, this License applies to any use of the Program
apart from the Aggregate Work.
Section 4. License Grant
For purposes of permitting use of your Modifications by OCLC and other licensees
hereunder, you hereby grant to OCLC and such other licensees the non-exclusive, worldwide, royalty-
free, transferable, sublicenseable license to execute, copy, alter, delete, modify, adapt, change, revise,
enhance, develop, publicly display, distribute (internally and externally) and/or create...ivative works
based on your Modifications (and...ivative works thereof) in accordance with these Terms. This Section
4 shall survive termination of this License for any reason.
Section 5. Termination of Rights
This non-exclusive license (with respect to the grant from a particular Contributor)
automatically terminates for any entity that initiates legal action for intellectual property infringement (with
respect to the Program) against such Contributor as of the initiation of such action.
If you fail to comply with this License, your rights (but not your obligations) under this
License shall terminate automatically unless you cure such breach within thirty (30) days of becoming
aware of the noncompliance. All sublicenses granted by you which preexist such termination and are
properly granted shall survive such termination.
Section 6. Other Terms
Except for the copyright notices required above, you may not use any trademark of any of
the Contributors without the prior written consent of the relevant Contributor. You agree not to remove,
alter or obscure any copyright or other proprietary rights notice contained in the Program.
All transfers of the Program or any part thereof shall be made in compliance with U.S.
import/export regulations or other restrictions of the U.S. Department of Commerce, as well as other
similar trade or commerce restrictions which might apply.
Any patent obtained by any party covering the Program or any part thereof must include a
provision providing for the free, perpetual and unrestricted commercial and noncommercial use by any
If, as a consequence of a court judgment or settlement relating to intellectual property
infringement or any other cause of action, conditions are imposed on you that contradict the conditions of
this License, such conditions do not excuse you from compliance with this License. If you cannot
distribute the Program so as to simultaneously satisfy your obligations under this License and such other
conditions, you may not distribute the Program at all. For example, if a patent license would not permit
royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you,
you could not satisfy both the patent license and this License, and you would be required to refrain
entirely from distribution of the Program.
If you learn of a third party claim or other restriction relating to a Program you have already
distributed you shall promptly redo your Program to address the issue and take all reasonable steps to
inform those who may have received the Program at issue. An example of an appropriate reasonable
step to inform would be posting an announcement on an appropriate web bulletin board.
The provisions of this License are deemed to be severable, and the invalidity or unenforceability of
any provision shall not affect or impair the remaining provisions which shall continue in full force and effect. In
substitution for any provision held unlawful, there shall be substituted a provision of similar import reflecting the
original intent of the parties hereto to the extent permissible under law.
The Original Contributor from time to time may change this License, and the amended
license will apply to all copies of the Program downloaded after the new license is posted. This License
grants only the rights expressly stated herein and provides you with no implied rights or licenses to the
intellectual property of any Contributor.
This License is the complete and exclusive statement of the agreement between the
parties concerning the subject matter hereof and may not be amended except by the written agreement of
the parties. This License shall be governed by and construed in accordance with the laws of the State of
Ohio and the United States of America, without regard to principles of conflicts of law.
OCLC Research Public License 2.0
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