mirror of
				https://codeberg.org/forgejo/forgejo.git
				synced 2025-11-02 23:41:05 +00:00 
			
		
		
		
	
		
			
				
	
	
		
			863 lines
		
	
	
	
		
			45 KiB
		
	
	
	
		
			Text
		
	
	
	
	
	
			
		
		
	
	
			863 lines
		
	
	
	
		
			45 KiB
		
	
	
	
		
			Text
		
	
	
	
	
	
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.***//
 |