path: root/licenses/APL-1.0

ADAPTIVE PUBLIC LICENSE 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 on behalf of any other 
Distributor or Recipient, and Commercial Recipient must make it clear than any such 
warranty, support, indemnity or liability obligation(s) is/are offered by Commercial 
Recipient alone. At no time may Commercial Recipient use any Services to deny any 
party the Licensed Work in Source Code or Executable form when so required under any 
of the 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 the obligation of the 
Commercial Recipient as a Distributor, when distributing any of the Licensed Work in 
Source Code or Executable form, to make such distribution royalty-free (subject to the 
right to charge a fee of no more than the cost of physically performing Source Code or 
Executable distribution (as the case may be)).

 4.2. INDEMNITY.

 Commercial distributors of software may accept certain responsibilities with respect to 
end users, business partners and the like. While this License is intended to facilitate the 
commercial use of the Licensed Work, the Distributor who includes any of the 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 the Licensed 
Work in a commercial product offering or offers any Services, such Distributor 
("COMMERCIAL DISTRIBUTOR") hereby agrees to defend and indemnify every other 
Distributor or Subsequent Contributor (in each case an "INDEMNIFIED PARTY") 
against any losses, damages and costs (collectively "LOSSES") arising from claims, 
lawsuits and other legal actions brought by a third party against the Indemnified Party to 
the extent caused by the acts or omissions of such Commercial Distributor in connection 
with its distribution of any of the Licensed Work in a commercial product offering or in 
connection with any Services. The obligations in this section do not apply to any claims 
or Losses relating to any actual or alleged intellectual property infringement. In order to 
qualify, an Indemnified Party must: (a) promptly notify the Commercial Distributor in 
writing of such claim; and (b) allow the Commercial Distributor to control, and co-
operate with the Commercial Distributor in, the defense and any related settlement 
negotiations. The Indemnified Party may participate in any such claim at its own 
expense.

5. VERSIONS OF THE LICENSE.

 5.1. NEW VERSIONS.

 The Initial Contributor may publish revised and/or new versions of the License from 
time to time. Each version will be given a distinguishing version number.

 5.2. EFFECT OF NEW VERSIONS.

 Once the Licensed Work or any portion thereof has been published by Initial Contributor 
under a particular version of the License, Recipient may choose to continue to use it 
under the terms of that version. However, if a Recipient chooses to use the Licensed 
Work under the terms of any subsequent version of the License published by the Initial 
Contributor, then from the date of making this choice, the Recipient must comply with 
the terms of that subsequent version with respect to all further reproduction, preparation 
of derivative works, public display of, public performance of, distribution and 
sublicensing by the Recipient in connection with the Licensed Work. No one other than 
the Initial Contributor has the right to modify the terms applicable to the Licensed Work

6. DISCLAIMER OF WARRANTY.

 6.1. GENERAL DISCLAIMER.

 EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE LICENSED WORK 
IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT ANY 
REPRESENTATION, WARRANTY, GUARANTEE, ASSURANCE OR CONDITION 
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT 
LIMITATION, WARRANTIES OR CONDITIONS OF TITLE, NON-
INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR 
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF 
THE LICENSED WORK IS WITH RECIPIENT. SHOULD ANY LICENSED WORK 
PROVE DEFECTIVE IN ANY RESPECT, RECIPIENT (NOT THE INITIAL 
CONTRIBUTOR OR ANY SUBSEQUENT CONTRIBUTOR) ASSUMES THE COST 
OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS CLAUSE 
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY 
LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS 
LICENSE INCLUDING WITHOUT LIMITATION THIS DISCLAIMER.

 6.2. RESPONSIBILITY OF RECIPIENTS.

 Each Recipient is solely responsible for determining the appropriateness of using and 
distributing the Licensed Work and assumes all risks associated with its exercise of rights 
under this License, including but not limited to the risks and costs of program errors, 
compliance with applicable laws, damage to or loss of data, programs or equipment, and 
unavailability or interruption of operations.

7. TERMINATION.

 7.1. This License shall continue until terminated in accordance with the express terms 
herein.

 7.2. Recipient may choose to terminate this License automatically at any time.

 7.3. This License, including without limitation the rights granted hereunder to a 
particular Recipient, will terminate automatically if such Recipient is in material breach 
of any of the terms of this License and fails to cure such breach within sixty (60) days of 
becoming aware of the breach. Without limiting the foregoing, any material breach by 
such Recipient of any term of any other License under which such Recipient is granted 
any rights to the Licensed Work shall constitute a material breach of this License.

 7.4. Upon termination of this License by or with respect to a particular Recipient for any 
reason, all rights granted hereunder and under any other License to that Recipient shall 
terminate. However, all sublicenses to the Licensed Work which were previously 
properly granted by such Recipient under a copy of this License (in each case, an "Other 
License" and in plural, "Other Licenses") shall survive any such termination of this 
License, including without limitation the rights and obligations under such Other 
Licenses as set out in their respective Sections 2, 3, 4, 5, 6, 7 and 8, mutatis mutandis, for 
so long as the respective sublicensees (i.e. other Recipients) remain in compliance with 
the terms of the copy of this License under which such sublicensees received rights to the 
Licensed Work. Any termination of such Other Licenses shall be pursuant to their 
respective Section 7, mutatis mutandis. Provisions which, by their nature, must remain in 
effect beyond the termination of this License shall survive.

 7.5. Upon any termination of this License by or with respect to a particular Recipient, 
Sections 4.1, 4.2, 6.1, 6.2, 7.4, 7.5, 8.1, and 8.2, together with all provisions of this 
License necessary for the interpretation and enforcement of same, shall expressly survive 
such termination.

8. LIMITATION OF LIABILITY.

 8.1. IN NO EVENT SHALL ANY OF INITIAL CONTRIBUTOR, ITS 
SUBSIDIARIES, OR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE 
OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS (AS THE CASE MAY 
BE), HAVE ANY LIABILITY FOR ANY DIRECT DAMAGES, INDIRECT 
DAMAGES, PUNITIVE DAMAGES, INCIDENTAL DAMAGES, SPECIAL 
DAMAGES, EXEMPLARY DAMAGES, CONSEQUENTIAL DAMAGES OR ANY 
OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS 
OF USE, DATA OR PROFITS, OR ANY OTHER LOSS ARISING OUT OF OR IN 
ANY WAY RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, 
PERFORMANCE, OR NON-PERFORMANCE OF THE LICENSED WORK OR ANY 
PART THEREOF OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT 
SERVICES, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS 
IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF 
PERFORMANCE), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, 
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING 
NEGLIGENCE OR OTHERWISE) IN RELATION TO OR ARISING IN ANY WAY 
OUT OF THIS LICENSE OR THE USE OR DISTRIBUTION OF THE LICENSED 
WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF 
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF 
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL 
INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT 
APPLICABLE LAW PROHIBITS SUCH LIMITATION. THIS CLAUSE 
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY 
LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS 
LICENSE INCLUDING WITHOUT LIMITATION THE LIMITATIONS SET FORTH 
IN THIS SECTION 8.1.

 8.2. EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, EACH RECIPIENT 
SHALL NOT HAVE ANY LIABILITY FOR ANY EXEMPLARY, OR 
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST 
PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, 
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING 
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR 
DISTRIBUTION OF THE LICENSED WORK OR THE EXERCISE OF ANY RIGHTS 
GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH 
DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO 
LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH 
PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH 
LIMITATION.

9. GOVERNING LAW AND LEGAL ACTION.

 9.1. This License shall be governed by and construed in accordance with the laws of the 
Governing Jurisdiction assigned in Part 3 of Exhibit A, without regard to its conflict of 
law provisions. No party may bring a legal action under this License more than one year 
after the cause of the action arose. Each party waives its rights (if any) to a jury trial in 
any litigation arising under this License. Note that if the Governing Jurisdiction is not 
assigned in Part 3 of Exhibit A, then the Governing Jurisdiction shall be the State of New 
York.

 9.2. The courts of the Governing Jurisdiction shall have jurisdiction, but not exclusive 
jurisdiction, to entertain and determine all disputes and claims, whether for specific 
performance, injunction, damages or otherwise, both at law and in equity, arising out of 
or in any way relating to this License, including without limitation, the legality, validity, 
existence and enforceability of this License. Each party to this License hereby 
irrevocably attorns to and accepts the jurisdiction of the courts of the Governing 
Jurisdiction for such purposes.

 9.3. Except as expressly set forth elsewhere herein, in the event of any action or 
proceeding brought by any party against another under this License the prevailing party 
shall be entitled to recover all costs and expenses including the fees of its attorneys in 
such action or proceeding in such amount as the court may adjudge reasonable.

10. MISCELLANEOUS.

 10.1. The obligations imposed by this License are for the benefit of the Initial 
Contributor and any Recipient, and each Recipient acknowledges and agrees that the 
Initial Contributor and/or any other Recipient may enforce the terms and conditions of 
this License against any Recipient.

 10.2. This License represents the complete agreement concerning subject matter hereof, 
and supersedes and cancels all previous oral and written communications, 
representations, agreements and understandings between the parties with respect to the 
subject matter hereof.

 10.3. The application of the United Nations Convention on Contracts for the 
International Sale of Goods is expressly excluded.

 10.4. The language in all parts of this License shall be in all cases construed simply 
according to its fair meaning, and not strictly for or against any of the parties hereto. Any 
law or regulation which provides that the language of a contract shall be construed 
against the drafter shall not apply to this License.

 10.5. If any provision of this License is invalid or unenforceable under the laws of the 
Governing Jurisdiction, it shall not affect the validity or enforceability of the remainder 
of the terms of this License, and without further action by the parties hereto, such 
provision shall be reformed to the minimum extent necessary to make such provision 
valid and enforceable.

 10.6. The paragraph headings of this License are for reference and convenience only and 
are not a part of this License, and they shall have no effect upon the construction or 
interpretation of any part hereof.

 10.7. Each of the terms "including", "include" and "includes", when used in this License, 
is not limiting whether or not non-limiting language (such as "without limitation" or "but 
not limited to" or words of similar import) is used with reference thereto.

 10.8. The parties hereto acknowledge they have expressly required that this License and 
notices relating thereto be drafted in the English language.

//***THE LICENSE TERMS END HERE (OTHER THAN AS SET OUT IN EXHIBIT 
//A).***//

EXHIBIT A (to the Adaptive Public License)

 PART 1: INITIAL CONTRIBUTOR AND DESIGNATED WEB SITE The Initial 
Contributor is: 	MusicIP Corporation (www.musicip.com)

Address of Initial Contributor: 	

605 E. Huntington Dr., Suite 201 
Monrovia, California, 91016 USA 
+1 (626) 359-9702

 [Enter address above]

 The Designated Web Site is: 	http://www.musicdns.org/

NOTE: The Initial Contributor is to complete this Part 1, along with Parts 2, 3, and 5, 
and, if applicable, Parts 4 and 6.

 PART 2: INITIAL WORK

 The Initial Work comprises the computer program(s) distributed by the Initial 
Contributor having the following title(s): ___LIBOFA (Open Fingerprint Architecture 
Library 1.0)__.

 The date on which the Initial Work was first available under this License: __March 11th, 
2006____

 PART 3: GOVERNING JURISDICTION

 For the purposes of this License, the Governing Jurisdiction is State of California, USA. 



 PART 4: THIRD PARTIES

 For the purposes of this License, "Third Party" has the definition set forth below in the 
ONE paragraph selected by the Initial Contributor from paragraphs A, B, C, D and E 
when the Initial Work is distributed or otherwise made available by the Initial 
Contributor. To select one of the following paragraphs, the Initial Contributor must place 
an "X" or "x" in the selection box alongside the one respective paragraph selected. 
SELECTION BOX 	PARAGRAPH [ ] 	A. "THIRD PARTY" means any third party.

 [X] 	B. "THIRD PARTY" means any third party except for any of the following: (a) a 
wholly owned subsidiary of the Subsequent Contributor in question; (b) a legal entity (the 
"PARENT") that wholly owns the Subsequent Contributor in question; or (c) a wholly 
owned subsidiary of the wholly owned subsidiary in (a) or of the Parent in (b).

 [ ] 	C. "THIRD PARTY" means any third party except for any of the following: (a) 
any Person directly or indirectly owning a majority of the voting interest in the 
Subsequent Contributor or (b) any Person in which the Subsequent Contributor directly 
or indirectly owns a majority voting interest.

 [ ] 	D. "THIRD PARTY" means any third party except for any Person directly or 
indirectly controlled by the Subsequent Contributor. For purposes of this definition, 
"control" shall mean the power to direct or cause the direction of, the management and 
policies of such Person whether through the ownership of voting interests, by contract, or 
otherwise.

 [ ] 	E. "THIRD PARTY" means any third party except for any Person directly or 
indirectly controlling, controlled by, or under common control with the Subsequent 
Contributor. For purposes of this definition, "control" shall mean the power to direct or 
cause the direction of, the management and policies of such Person whether through the 
ownership of voting interests, by contract, or otherwise.

 The default definition of "THIRD PARTY" is the definition set forth in paragraph A, if 
NONE OR MORE THAN ONE of paragraphs A, B, C, D or E in this Part 4 are selected 
by the Initial Contributor.

 PART 5: NOTICE

 THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THE ADAPTIVE 
PUBLIC LICENSE ("LICENSE") AS FIRST COMPLETED BY: MusicIP Corporation, 
Doing Business As MusicIP. ANY USE, PUBLIC DISPLAY, PUBLIC 
PERFORMANCE, REPRODUCTION OR DISTRIBUTION OF, OR PREPARATION 
OF DERIVATIVE WORKS BASED ON, THE LICENSED WORK CONSTITUTES 
RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND ITS TERMS, WHETHER OR 
NOT SUCH RECIPIENT READS THE TERMS OF THE LICENSE. "LICENSED 
WORK" AND "RECIPIENT" ARE DEFINED IN THE LICENSE. A COPY OF THE 
LICENSE IS LOCATED IN THE TEXT FILE ENTITLED "LICENSE.TXT" 
ACCOMPANYING THE CONTENTS OF THIS FILE. IF A COPY OF THE LICENSE 
DOES NOT ACCOMPANY THIS FILE, A COPY OF THE LICENSE MAY ALSO BE 
OBTAINED AT THE FOLLOWING WEB SITE:  http://www.musicdns.org/

 Software distributed under the License is distributed on an "AS IS" basis, WITHOUT 
WARRANTY OF ANY KIND, either express or implied. See the License for the specific 
language governing rights and limitations under the License.

 PART 6: PATENT LICENSING TERMS

 For the purposes of this License, paragraphs A, B, C, D and E of this Part 6 of Exhibit A 
are only incorporated and form part of the terms of the License if the Initial Contributor 
places an "X" or "x" in the selection box alongside the YES answer to the question 
immediately below.

 Is this a Patents-Included License pursuant to Section 2.2 of the License?

 YES 	[ ] NO 	[X]

 By default, if YES is not selected by the Initial Contributor, the answer is NO.

 A. For the purposes of the paragraphs in this Part 6 of Exhibit A, "LICENSABLE" 
means having the right to grant, to the maximum extent possible, whether at the time of 
the initial grant or subsequently acquired, any and all of the rights granted herein.

 B. The Initial Contributor hereby grants all Recipients a world-wide, royalty-free, non-
exclusive license, subject to third party intellectual property claims, under patent claim(s) 
Licensable by the Initial Contributor that are or would be infringed by the making, using, 
selling, offering for sale, having made, importing, exporting, transfer or disposal of such 
Initial Work or any portion thereof. Notwithstanding the foregoing, no patent license is 
granted under this Paragraph B by the Initial Contributor: (1) for any code that the Initial 
Contributor deletes from the Initial Work (or any portion thereof) distributed by the 
Initial Contributor prior to such distribution; (2) for any Modifications made to the Initial 
Work (or any portion thereof) by any other Person; or (3) separate from the Initial Work 
(or portions thereof) distributed or made available by the Initial Contributor.

 C. Effective upon distribution by a Subsequent Contributor to a Third Party of any 
Modifications made by that Subsequent Contributor, such Subsequent Contributor hereby 
grants all Recipients a world-wide, royalty-free, non-exclusive license, subject to third 
party intellectual property claims, under patent claim(s) Licensable by such Subsequent 
Contributor that are or would be infringed by the making, using, selling, offering for sale, 
having made, importing, exporting, transfer or disposal of any such Modifications made 
by that Subsequent Contributor alone and/or in combination with its Subsequent Work 
(or portions of such combination) to make, use, sell, offer for sale, have made, import, 
export, transfer and otherwise dispose of:

 (1) Modifications made by that Subsequent Contributor (or portions thereof); and

 (2) the combination of Modifications made by that Subsequent Contributor with its 
Subsequent Work (or portions of such combination);

 (collectively and in each case, the "SUBSEQUENT CONTRIBUTOR VERSION").

 Notwithstanding the foregoing, no patent license is granted under this Paragraph C by 
such Subsequent Contributor: (1) for any code that such Subsequent Contributor deletes 
from the Subsequent Contributor Version (or any portion thereof) distributed by the 
Subsequent Contributor prior to such distribution; (2) for any Modifications made to the 
Subsequent Contributor Version (or any portion thereof) by any other Person; or (3) 
separate from the Subsequent Contributor Version (or portions thereof) distributed or 
made available by the Subsequent Contributor.

 D. Effective upon distribution of any Licensed Work by a Distributor to a Third Party, 
such Distributor hereby grants all Recipients a world-wide, royalty-free, non-exclusive 
license, subject to third party intellectual property claims, under patent claim(s) 
Licensable by such Distributor that are or would be infringed by the making, using, 
selling, offering for sale, having made, importing, exporting, transfer or disposal of any 
such Licensed Work distributed by such Distributor, to make, use, sell, offer for sale, 
have made, import, export, transfer and otherwise dispose of such Licensed Work or 
portions thereof (collectively and in each case, the "DISTRIBUTOR VERSION"). 
Notwithstanding the foregoing, no patent license is granted under this Paragraph D by 
such Distributor: (1) for any code that such Distributor deletes from the Distributor 
Version (or any portion thereof) distributed by the Distributor prior to such distribution; 
(2) for any Modifications made to the Distributor Version (or any portion thereof) by any 
other Person; or (3) separate from the Distributor Version (or portions thereof) distributed 
or made available by the Distributor.

 E. If Recipient institutes patent litigation against another Recipient (a "USER") with 
respect to a patent applicable to a computer program or software (including a cross-claim 
or counterclaim in a lawsuit, and whether or not any of the patent claims are directed to a 
system, method, process, apparatus, device, product, article of manufacture or any other 
form of patent claim), then any patent or copyright license granted by that User to such 
Recipient under this License or any other copy of this License shall terminate. The 
termination shall be effective ninety (90) days after notice of termination from User to 
Recipient, unless the Recipient withdraws the patent litigation claim before the end of the 
ninety (90) day period. To be effective, any such notice of license termination must 
include a specific list of applicable patents and/or a copy of the copyrighted work of User 
that User alleges will be infringed by Recipient upon License termination. License 
termination is only effective with respect to patents and/or copyrights for which proper 
notice has been given.

 PART 7: SAMPLE REQUIREMENTS FOR THE DESCRIPTION OF DISTRIBUTED 
MODIFICATIONS

 Each Subsequent Contributor (including the Initial Contributor where the Initial 
Contributor qualifies as a Subsequent Contributor) is invited (but not required) to cause 
each Subsequent Work created or contributed to by that Subsequent Contributor to 
contain a file documenting the changes such Subsequent Contributor made to create that 
Subsequent Work and the date of any change.

//***EXHIBIT A ENDS HERE.***// 

-- with the following supplement --

Supplemental Text file for Open Fingerprint Architecture library (LIBOFA) distributed 
under Adaptive Public License 1.0

Per Section 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").

The attribution requested by MusicIP for this source code is:
(c) a digital imageconnected_by_musicip.gif  or connected_by_musicip.png included 
with this source code, also available from 
http://www.musicip.com/connected_by_musicip.gif or 
http://www.musicip.com/connected_by_musicip.png

(d) a URL.  The image should be hyperlinked to http://www.musicip.com/

MusicIP requests that the image be legibly presented against a contrasting (light) 
background color such as white or light grey.