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authorBlackNoxis <steven.darklight@gmail.com>2015-01-14 02:36:29 +0200
committerBlackNoxis <steven.darklight@gmail.com>2015-01-14 02:36:29 +0200
commit477a11b66c7338e237ab209408f1c707ce67243c (patch)
tree2c38914304a09a485d2faf953bd5eddd269ca3f6 /licenses/APL
parentaa643a9c90fd5b26791a987784ba0209bdbd3fb7 (diff)
Been drunk these days, I think. Forgot about the LICENSES
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+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:
+ ____________________________________________________
+
+ [Enter full name of Initial Contributor]
+
+ Address of Initial Contributor:
+ ________________________________________________
+ ________________________________________________
+ ________________________________________________
+
+ [Enter address above]
+
+ The Designated Web Site is:
+ __________________________________________________
+
+ [Enter URL for Designated Web Site of Initial Contributor]
+
+ 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):
+ _______________________________________________.
+
+ The date on which the Initial Work was first available under this
+ License: _________________
+
+ PART 3: GOVERNING JURISDICTION
+
+ For the purposes of this License, the Governing Jurisdiction is
+ _________________________________________________. [Initial
+ Contributor to Enter Governing Jurisdiction here]
+
+ 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.
+
+ [ ] 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:
+ ______________________ [Insert the name of the Initial Contributor
+ here]. 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:
+ ___________________________________________________ [Insert Initial
+ Contributor's Designated Web Site here]
+
+ 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 [ ]
+
+ 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.***//