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829 lines
47 KiB
829 lines
47 KiB
ADAPTIVE PUBLIC LICENSE Version 1.0
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THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THIS ADAPTIVE
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PUBLIC LICENSE ("LICENSE"). ANY USE, REPRODUCTION OR DISTRIBUTION
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OF THE LICENSED WORK CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
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LICENSE AND ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE
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TERMS OF THIS LICENSE. "LICENSED WORK" AND "RECIPIENT" ARE
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DEFINED BELOW.
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IMPORTANT NOTE: This License is "adaptive", and the generic version or another
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version of an Adaptive Public License should not be relied upon to determine your rights
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and obligations under this License. You must read the specific Adaptive Public License
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that you receive with the Licensed Work, as certain terms are defined at the outset by the
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Initial Contributor.
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See Section 2.2 below, Exhibit A attached, and any Suppfile.txt accompanying this
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License to determine the specific adaptive features applicable to this License. For
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example, without limiting the foregoing, (a) for selected choice of law and jurisdiction
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see Part 3 of Exhibit A; (b) for the selected definition of Third Party see Part 4 of Exhibit
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A; and (c) for selected patent licensing terms (if any) see Section 2.2 below and Part 6 of
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Exhibit A.
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1. DEFINITIONS.
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1.1. "CONTRIBUTION" means:
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(a) In the case of the Initial Contributor, the Initial Work distributed under this License
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by the Initial Contributor; and
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(b) In the case of each Subsequent Contributor, the Subsequent Work originating from
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and distributed by such Subsequent Contributor.
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1.2. "DESIGNATED WEB SITE" means the web site having the URL identified in Part
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1 of Exhibit A, which URL may be changed by the Initial Contributor by posting on the
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current Designated Web Site the new URL for at least sixty (60) days.
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1.3. "DISTRIBUTOR" means any Person that distributes the Licensed Work or any
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portion thereof to at least one Third Party.
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1.4. "ELECTRONIC DISTRIBUTION MECHANISM" means any mechanism generally
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accepted in the software development community for the electronic transfer of data.
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1.5. "EXECUTABLE" means the Licensed Work in any form other than Source Code.
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1.6. "GOVERNING JURISDICTION" means the state, province or other legal
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jurisdiction identified in Part 3 of Exhibit A.
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1.7. "INDEPENDENT MODULE" means a separate module of software and/or data that
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is not a derivative work of or copied from the Licensed Work or any portion thereof. In
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addition, a module does not qualify as an Independent Module but instead forms part of
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the Licensed Work if the module: (a) is embedded in the Licensed Work; (b) is included
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by reference in the Licensed Work other than by a function call or a class reference; or
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(c) must be included or contained, in whole or in part, within a file directory or
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subdirectory actually containing files making up the Licensed Work.
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1.8. "INITIAL CONTRIBUTOR" means the Person or entity identified as the Initial
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Contributor in the notice required by Part 1 of Exhibit A.
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1.9. "INITIAL WORK" means the initial Source Code, object code (if any) and
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documentation for the computer program identified in Part 2 of Exhibit A, as such Source
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Code, object code and documentation is distributed under this License by the Initial
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Contributor.
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1.10. "LARGER WORK" means a work that combines the Licensed Work or portions
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thereof with code not governed by this License.
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1.11. "LICENSED WORK" means the Initial Work and/or any Subsequent Work, in
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each case including portions thereof.
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1.12. "LICENSE NOTICE" has the meaning assigned in Part 5 of Exhibit A.
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1.13. "MODIFICATION" or "MODIFICATIONS" means any change to and/or addition
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to the Licensed Work.
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1.14. "PERSON" means an individual or other legal entity, including a corporation,
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partnership or other body.
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1.15. "RECIPIENT" means any Person who receives or obtains the Licensed Work
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under this License (by way of example, without limiting the foregoing, any Subsequent
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Contributor or Distributor).
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1.16. "SOURCE CODE" means the source code for a computer program, including the
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source code for all modules and components of the computer program, plus any
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associated interface definition files, and scripts used to control compilation and
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installation of an executable.
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1.17. "SUBSEQUENT CONTRIBUTOR" means any Person that makes or contributes
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to the making of any Subsequent Work and that distributes that Subsequent Work to at
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least one Third Party.
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1.18. "SUBSEQUENT WORK" means a work that has resulted or arises from changes to
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and/or additions to:
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(a) the Initial Work;
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(b) any other Subsequent Work; or
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(c) to any combination of the Initial Work and any such other Subsequent Work;
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where such changes and/or additions originate from a Subsequent Contributor. A
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Subsequent Work will "originate" from a Subsequent Contributor if the Subsequent Work
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was a result of efforts by such Subsequent Contributor (or anyone acting on such
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Subsequent Contributor's behalf, such as, a contractor or other entity that is engaged by
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or under the direction of the Subsequent Contributor). For greater certainty, a Subsequent
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Work expressly excludes and shall not capture within its meaning any Independent
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Module.
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1.19. "SUPPLEMENT FILE" means a file distributed with the Licensed Work having a
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file name "suppfile.txt".
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1.20. "THIRD PARTY" has the meaning assigned in Part 4 of Exhibit A.
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2. LICENSE.
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2.1. COPYRIGHT LICENSE FROM INITIAL AND SUBSEQUENT
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CONTRIBUTORS.
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(a) Subject to the terms of this License, the Initial Contributor hereby grants each
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Recipient a world-wide, royalty-free, non-exclusive copyright license to:
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(i) reproduce, prepare derivative works of, publicly display, publicly perform, distribute
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and sublicense the Initial Work; and
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(ii) reproduce, publicly display, publicly perform, distribute, and sublicense any
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derivative works (if any) prepared by Recipient;
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in Source Code and Executable form, either with other Modifications, on an unmodified
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basis, or as part of a Larger Work.
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(b) Subject to the terms of this License, each Subsequent Contributor hereby grants each
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Recipient a world-wide, royalty-free, non-exclusive copyright license to:
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(i) reproduce, prepare derivative works of, publicly display, publicly perform, distribute
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and sublicense the Subsequent Work of such Subsequent Contributor; and
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(ii) reproduce, publicly display, publicly perform, distribute, and sublicense any
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derivative works (if any) prepared by Recipient;
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in Source Code and Executable form, either with other Modifications, on an unmodified
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basis, or as part of a Larger Work.
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2.2. PATENT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.
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(a) This License does not include or grant any patent license whatsoever from the Initial
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Contributor, Subsequent Contributor, or any Distributor unless, at the time the Initial
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Work is first distributed or made available under this License (as the case may be), the
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Initial Contributor has selected pursuant to Part 6 of Exhibit A the patent terms in
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paragraphs A, B, C, D and E from Part 6 of Exhibit A. If this is not done then the Initial
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Work and any other Subsequent Work is made available under the License without any
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patent license (the "PATENTS-EXCLUDED LICENSE").
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(b) However, the Initial Contributor may subsequently distribute or make available (as
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the case may be) future copies of: (1) the Initial Work; or (2) any Licensed Work
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distributed by the Initial Contributor which includes the Initial Work (or any portion
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thereof) and/or any Modification made by the Initial Contributor; available under a
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License which includes a patent license (the "PATENTS-INCLUDED LICENSE") by
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selecting pursuant to Part 6 of Exhibit A the patent terms in paragraphs A, B, C, D and E
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from Part 6 of Exhibit A, when the Initial Contributor distributes or makes available (as
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the case may be) such future copies under this License.
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(c) If any Recipient receives or obtains one or more copies of the Initial Work or any
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other portion of the Licensed Work under the Patents-Included License, then all licensing
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of such copies under this License shall include the terms in paragraphs A, B, C, D and E
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from Part 6 of Exhibit A and that Recipient shall not be able to rely upon the Patents-
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Excluded License for any such copies. However, all Recipients that receive one or more
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copies of the Initial Work or any other portion of the Licensed Work under a copy of the
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License which includes the Patents-Excluded License shall have no patent license with
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respect to such copies received under the Patents-Excluded License and availability and
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distribution of such copies, including Modifications made by such Recipient to such
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copies, shall be under a copy of the License without any patent license.
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(d) Where a Recipient uses in combination or combines any copy of the Licensed Work
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(or portion thereof) licensed under a copy of the License having a Patents-Excluded
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License with any copy of the Licensed Work (or portion thereof) licensed under a copy of
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the License having a Patents-Included License, the combination (and any portion thereof)
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shall, from the first time such Recipient uses, makes available or distributes the
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combination (as the case may be), be subject to only the terms of the License having the
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Patents-Included License which shall include the terms in paragraphs A, B, C, D and E
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from Part 6 of Exhibit A.
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2.3. ACKNOWLEDGEMENT AND DISCLAIMER.
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Recipient understands and agrees that although Initial Contributor and each Subsequent
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Contributor grants the licenses to its Contributions set forth herein, no representation,
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warranty, guarantee or assurance is provided by any Initial Contributor, Subsequent
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Contributor, or Distributor that the Licensed Work does not infringe the patent or other
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intellectual property rights of any other entity. Initial Contributor, Subsequent
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Contributor, and each Distributor disclaims any liability to Recipient for claims brought
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by any other entity based on infringement of intellectual property rights or otherwise, in
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relation to the Licensed Works. As a condition to exercising the rights and licenses
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granted hereunder, each Recipient hereby assumes sole responsibility to secure any other
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intellectual property rights needed, if any. For example, without limiting the foregoing
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disclaimers, if a third party patent license is required to allow Recipient to distribute the
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Licensed Work, it is Recipient's responsibility to acquire that license before distributing
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the Licensed Work.
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2.4. RESERVATION.
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Nothing in this License shall be deemed to grant any rights to trademarks, copyrights,
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patents, trade secrets or any other intellectual property of Initial Contributor, Subsequent
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Contributor, or Distributor except as expressly stated herein.
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3. DISTRIBUTION OBLIGATIONS.
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3.1. DISTRIBUTION GENERALLY.
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(a) A Subsequent Contributor shall make that Subsequent Contributor's Subsequent
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Work(s) available to the public via an Electronic Distribution Mechanism for a period of
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at least twelve (12) months. The aforesaid twelve (12) month period shall begin within a
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reasonable time after the creation of the Subsequent Work and no later than sixty (60)
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days after first distribution of that Subsequent Contributor's Subsequent Work.
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(b) All Distributors must distribute the Licensed Work in accordance with the terms of
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the License, and must include a copy of this License (including without limitation Exhibit
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A and the accompanying Supplement File) with each copy of the Licensed Work
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distributed. In particular, this License must be prominently distributed with the Licensed
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Work in a file called "license.txt." In addition, the License Notice in Part 5 of Exhibit A
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must be included at the beginning of all Source Code files, and viewable to a user in any
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executable such that the License Notice is reasonably brought to the attention of any
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party using the Licensed Work.
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3.2. EXECUTABLE DISTRIBUTIONS OF THE LICENSED WORK.
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A Distributor may choose to distribute the Licensed Work, or any portion thereof, in
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Executable form (an "EXECUTABLE DISTRIBUTION") to any third party, under the
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terms of Section 2 of this License, provided the Executable Distribution is made available
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under and accompanied by a copy of this License, AND provided at least ONE of the
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following conditions is fulfilled:
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(a) The Executable Distribution must be accompanied by the Source Code for the
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Licensed Work making up the Executable Distribution, and the Source Code must be
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distributed on the same media as the Executable Distribution or using an Electronic
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Distribution Mechanism; or
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(b) The Executable Distribution must be accompanied with a written offer, valid for at
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least thirty six (36) months, to give any third party under the terms of this License, for a
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charge no more than the cost of physically performing source distribution, a complete
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machine-readable copy of the Source Code for the Licensed Work making up the
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Executable Distribution, to be available and distributed using an Electronic Distribution
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Mechanism, and such Executable Distribution must remain available in Source Code
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form to any third party via the Electronic Distribution Mechanism (or any replacement
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Electronic Distribution Mechanism the particular Distributor may reasonably need to turn
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to as a substitute) for said at least thirty six (36) months.
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For greater certainty, the above-noted requirements apply to any Licensed Work or
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portion thereof distributed to any third party in Executable form, whether such
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distribution is made alone, in combination with a Larger Work or Independent Modules,
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or in some other combination.
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3.3. SOURCE CODE DISTRIBUTIONS.
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When a Distributor makes the Licensed Work, or any portion thereof, available to any
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Person in Source Code form, it must be made available under this License and a copy of
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this License must be included with each copy of the Source Code, situated so that the
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copy of the License is conspicuously brought to the attention of that Person. For greater
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clarification, this Section 3.3 applies to all distribution of the Licensed Work in any
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Source Code form. A Distributor may charge a fee for the physical act of transferring a
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copy, which charge shall be no more than the cost of physically performing source
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distribution.
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3.4. REQUIRED NOTICES IN SOURCE CODE.
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Each Subsequent Contributor must ensure that the notice set out in Part 5 of Exhibit A is
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included in each file of the Source Code for each Subsequent Work originating from that
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particular Subsequent Contributor, if such notice is not already included in each such file.
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If it is not possible to put such notice in a particular Source Code file due to its structure,
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then the Subsequent Contributor must include such notice in a location (such as a relevant
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directory in which the file is stored) where a user would be likely to look for such a
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notice.
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3.5. NO DISTRIBUTION REQUIREMENTS FOR INTERNALLY USED
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MODIFICATIONS.
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Notwithstanding Sections 3.2, 3.3 and 3.4, Recipient may, internally within its own
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corporation or organization use the Licensed Work, including the Initial Work and
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Subsequent Works, and make Modifications for internal use within Recipient's own
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corporation or organization (collectively, "INTERNAL USE MODIFICATIONS"). The
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Recipient shall have no obligation to distribute, in either Source Code or Executable
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form, any such Internal Use Modifications made by Recipient in the course of such
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internal use, except where required below in this Section 3.5. All Internal Use
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Modifications distributed to any Person, whether or not a Third Party, shall be distributed
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pursuant to and be accompanied by the terms of this License. If the Recipient chooses to
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distribute any such Internal Use Modifications to any Third Party, then the Recipient
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shall be deemed a Subsequent Contributor, and any such Internal Use Modifications
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distributed to any Third Party shall be deemed a Subsequent Work originating from that
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Subsequent Contributor, and shall from the first such instance become part of the
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Licensed Work that must thereafter be distributed and made available to third parties in
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accordance with the terms of Sections 3.1 to 3.4 inclusive.
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3.6. INDEPENDENT MODULES.
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This License shall not apply to Independent Modules of any Initial Contributor,
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Subsequent Contributor, Distributor or any Recipient, and such Independent Modules
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may be licensed or made available under one or more separate license agreements.
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3.7. LARGER WORKS.
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Any Distributor or Recipient may create or contribute to a Larger Work by combining
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any of the Licensed Work with other code not governed by the terms of this License, and
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may distribute the Larger Work as one or more products. However, in any such case,
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Distributor or Recipient (as the case may be) must make sure that the requirements of this
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License are fulfilled for the Licensed Work portion of the Larger Work.
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3.8. DESCRIPTION OF DISTRIBUTED MODIFICATIONS.
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(a) Each Subsequent Contributor (including the Initial Contributor where the Initial
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Contributor also qualifies as a Subsequent Contributor) must cause each Subsequent
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Work created or contributed to by that Subsequent Contributor to contain a file
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documenting the changes, in accordance with the requirements of Part 1 of the
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Supplement File, that such Subsequent Contributor made in the creation or contribution
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to that Subsequent Work. If no Supplement File exists or no requirements are set out in
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Part 1 of the Supplement File, then there are no requirements for Subsequent Contributors
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to document changes that they make resulting in Subsequent Works.
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(b) The Initial Contributor may at any time introduce requirements or add to or change
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earlier requirements (in each case, the "EARLIER DESCRIPTION REQUIREMENTS")
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for documenting changes resulting in Subsequent Works by revising Part 1 of each copy
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of the Supplement File distributed by the Initial Contributor with future copies of the
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Licensed Work so that Part 1 then contains new requirements (the "NEW
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DESCRIPTION REQUIREMENTS") for documenting such changes.
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(c) Any Recipient receiving at any time any copy of an Initial Work or any Subsequent
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Work under a copy of this License (in each case, an "Earlier LICENSED COPY") having
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the Earlier Description Requirements may choose, with respect to each such Earlier
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Licensed Copy, to comply with the Earlier Description Requirements or the New
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Description Requirements. Where a Recipient chooses to comply with the New
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Description Requirements, that Recipient will, when thereafter distributing any copies of
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any such Earlier Licensed Copy, include a Supplement File having a section entitled Part
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1 that contains a copy of the New Description Requirements.
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(d) For greater certainty, the intent of Part 1 of the Supplement File is to provide a
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mechanism (if any) by which Subsequent Contributors must document changes that they
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make to the Licensed Work resulting in Subsequent Works. Part 1 of any Supplement
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File shall not be used to increase or reduce the scope of the license granted in Article 2 of
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this License or in any other way increase or decrease the rights and obligations of any
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Recipient, and shall at no time serve as the basis for terminating the License. Further, a
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Recipient can be required to correct and change its documentation procedures to comply
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with Part 1 of the Supplement File, but cannot be penalised with damages. Part 1 of any
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Supplement File is only binding on each Recipient of any Licensed Work to the extent
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Part 1 sets out the requirements for documenting changes to the Initial Work or any
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Subsequent Work.
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(e) An example of a set of requirements for documenting changes and contributions
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made by Subsequent Contributor is set out in Part 7 of Exhibit A of this License. Part 7 is
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a sample only and is not binding on Recipients, unless (subject to the earlier paragraphs
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of this Section 3.8) those are the requirements that the Initial Contributor includes in Part
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1 of the Supplement File with the copies of the Initial Work distributed under this
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License.
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3.9. USE OF DISTRIBUTOR NAME.
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The name of a Distributor may not be used by any other Distributor to endorse or
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promote the Licensed Work or products derived from the Licensed Work, without prior
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written permission.
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3.10. LIMITED RECOGNITION OF INITIAL CONTRIBUTOR.
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(a) As a modest attribution to the Initial Contributor, in the hope that its promotional
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value may help justify the time, money and effort invested in writing the Initial Work, the
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Initial Contributor may include in Part 2 of the Supplement File a requirement that each
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time an executable program resulting from the Initial Work or any Subsequent Work, or a
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program dependent thereon, is launched or run, a prominent display of the Initial
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Contributor's attribution information must occur (the "ATTRIBUTION
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INFORMATION"). The Attribution Information must be included at the beginning of
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each Source Code file. For greater certainty, the Initial Contributor may specify in the
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Supplement File that the above attribution requirement only applies to an executable
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program resulting from the Initial Work or any Subsequent Work, but not a program
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dependent thereon. The intent is to provide for reasonably modest attribution, therefore
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the Initial Contributor may not require Recipients to display, at any time, more than the
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following Attribution Information: (a) a copyright notice including the name of the Initial
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Contributor; (b) a word or one phrase (not exceeding 10 words); (c) one digital image or
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graphic provided with the Initial Work; and (d) a URL (collectively, the
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"ATTRIBUTION LIMITS").
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(b) If no Supplement File exists, or no Attribution Information is set out in Part 2 of the
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Supplement File, then there are no requirements for Recipients to display any Attribution
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Information of the Initial Contributor.
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(c) Each Recipient acknowledges that all trademarks, service marks and/or trade names
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contained within Part 2 of the Supplement File distributed with the Licensed Work are
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the exclusive property of the Initial Contributor and may only be used with the
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permission of the Initial Contributor, or under circumstances otherwise permitted by law,
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or as expressly set out in this License.
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3.11. For greater certainty, any description or attribution provisions contained within a
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Supplement File may only be used to specify the nature of the description or attribution
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requirements, as the case may be. Any provision in a Supplement File that otherwise
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purports to modify, vary, nullify or amend any right, obligation or representation
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contained herein shall be deemed void to that extent, and shall be of no force or effect.
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4. COMMERCIAL USE AND INDEMNITY.
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4.1. COMMERCIAL SERVICES.
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A Recipient ("COMMERCIAL RECIPIENT") may choose to offer, and to charge a fee
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for, warranty, support, indemnity or liability obligations (collectively, "SERVICES") to
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one or more other Recipients or Distributors. However, such Commercial Recipient may
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do so only on that Commercial Recipient's own behalf, and not on behalf of any other
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Distributor or Recipient, and Commercial Recipient must make it clear than any such
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warranty, support, indemnity or liability obligation(s) is/are offered by Commercial
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Recipient alone. At no time may Commercial Recipient use any Services to deny any
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party the Licensed Work in Source Code or Executable form when so required under any
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of the other terms of this License. For greater certainty, this Section 4.1 does not diminish
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any of the other terms of this License, including without limitation the obligation of the
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Commercial Recipient as a Distributor, when distributing any of the Licensed Work in
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Source Code or Executable form, to make such distribution royalty-free (subject to the
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right to charge a fee of no more than the cost of physically performing Source Code or
|
|
Executable distribution (as the case may be)).
|
|
|
|
4.2. INDEMNITY.
|
|
|
|
Commercial distributors of software may accept certain responsibilities with respect to
|
|
end users, business partners and the like. While this License is intended to facilitate the
|
|
commercial use of the Licensed Work, the Distributor who includes any of the Licensed
|
|
Work in a commercial product offering should do so in a manner which does not create
|
|
potential liability for other Distributors. Therefore, if a Distributor includes the Licensed
|
|
Work in a commercial product offering or offers any Services, such Distributor
|
|
("COMMERCIAL DISTRIBUTOR") hereby agrees to defend and indemnify every other
|
|
Distributor or Subsequent Contributor (in each case an "INDEMNIFIED PARTY")
|
|
against any losses, damages and costs (collectively "LOSSES") arising from claims,
|
|
lawsuits and other legal actions brought by a third party against the Indemnified Party to
|
|
the extent caused by the acts or omissions of such Commercial Distributor in connection
|
|
with its distribution of any of the Licensed Work in a commercial product offering or in
|
|
connection with any Services. The obligations in this section do not apply to any claims
|
|
or Losses relating to any actual or alleged intellectual property infringement. In order to
|
|
qualify, an Indemnified Party must: (a) promptly notify the Commercial Distributor in
|
|
writing of such claim; and (b) allow the Commercial Distributor to control, and co-
|
|
operate with the Commercial Distributor in, the defense and any related settlement
|
|
negotiations. The Indemnified Party may participate in any such claim at its own
|
|
expense.
|
|
|
|
5. VERSIONS OF THE LICENSE.
|
|
|
|
5.1. NEW VERSIONS.
|
|
|
|
The Initial Contributor may publish revised and/or new versions of the License from
|
|
time to time. Each version will be given a distinguishing version number.
|
|
|
|
5.2. EFFECT OF NEW VERSIONS.
|
|
|
|
Once the Licensed Work or any portion thereof has been published by Initial Contributor
|
|
under a particular version of the License, Recipient may choose to continue to use it
|
|
under the terms of that version. However, if a Recipient chooses to use the Licensed
|
|
Work under the terms of any subsequent version of the License published by the Initial
|
|
Contributor, then from the date of making this choice, the Recipient must comply with
|
|
the terms of that subsequent version with respect to all further reproduction, preparation
|
|
of derivative works, public display of, public performance of, distribution and
|
|
sublicensing by the Recipient in connection with the Licensed Work. No one other than
|
|
the Initial Contributor has the right to modify the terms applicable to the Licensed Work
|
|
|
|
6. DISCLAIMER OF WARRANTY.
|
|
|
|
6.1. GENERAL DISCLAIMER.
|
|
|
|
EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE LICENSED WORK
|
|
IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT ANY
|
|
REPRESENTATION, WARRANTY, GUARANTEE, ASSURANCE OR CONDITION
|
|
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
|
|
LIMITATION, WARRANTIES OR CONDITIONS OF TITLE, NON-
|
|
INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
|
|
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
|
|
THE LICENSED WORK IS WITH RECIPIENT. SHOULD ANY LICENSED WORK
|
|
PROVE DEFECTIVE IN ANY RESPECT, RECIPIENT (NOT THE INITIAL
|
|
CONTRIBUTOR OR ANY SUBSEQUENT CONTRIBUTOR) ASSUMES THE COST
|
|
OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS CLAUSE
|
|
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
|
|
LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
|
|
LICENSE INCLUDING WITHOUT LIMITATION THIS DISCLAIMER.
|
|
|
|
6.2. RESPONSIBILITY OF RECIPIENTS.
|
|
|
|
Each Recipient is solely responsible for determining the appropriateness of using and
|
|
distributing the Licensed Work and assumes all risks associated with its exercise of rights
|
|
under this License, including but not limited to the risks and costs of program errors,
|
|
compliance with applicable laws, damage to or loss of data, programs or equipment, and
|
|
unavailability or interruption of operations.
|
|
|
|
7. TERMINATION.
|
|
|
|
7.1. This License shall continue until terminated in accordance with the express terms
|
|
herein.
|
|
|
|
7.2. Recipient may choose to terminate this License automatically at any time.
|
|
|
|
7.3. This License, including without limitation the rights granted hereunder to a
|
|
particular Recipient, will terminate automatically if such Recipient is in material breach
|
|
of any of the terms of this License and fails to cure such breach within sixty (60) days of
|
|
becoming aware of the breach. Without limiting the foregoing, any material breach by
|
|
such Recipient of any term of any other License under which such Recipient is granted
|
|
any rights to the Licensed Work shall constitute a material breach of this License.
|
|
|
|
7.4. Upon termination of this License by or with respect to a particular Recipient for any
|
|
reason, all rights granted hereunder and under any other License to that Recipient shall
|
|
terminate. However, all sublicenses to the Licensed Work which were previously
|
|
properly granted by such Recipient under a copy of this License (in each case, an "Other
|
|
License" and in plural, "Other Licenses") shall survive any such termination of this
|
|
License, including without limitation the rights and obligations under such Other
|
|
Licenses as set out in their respective Sections 2, 3, 4, 5, 6, 7 and 8, mutatis mutandis, for
|
|
so long as the respective sublicensees (i.e. other Recipients) remain in compliance with
|
|
the terms of the copy of this License under which such sublicensees received rights to the
|
|
Licensed Work. Any termination of such Other Licenses shall be pursuant to their
|
|
respective Section 7, mutatis mutandis. Provisions which, by their nature, must remain in
|
|
effect beyond the termination of this License shall survive.
|
|
|
|
7.5. Upon any termination of this License by or with respect to a particular Recipient,
|
|
Sections 4.1, 4.2, 6.1, 6.2, 7.4, 7.5, 8.1, and 8.2, together with all provisions of this
|
|
License necessary for the interpretation and enforcement of same, shall expressly survive
|
|
such termination.
|
|
|
|
8. LIMITATION OF LIABILITY.
|
|
|
|
8.1. IN NO EVENT SHALL ANY OF INITIAL CONTRIBUTOR, ITS
|
|
SUBSIDIARIES, OR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE
|
|
OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS (AS THE CASE MAY
|
|
BE), HAVE ANY LIABILITY FOR ANY DIRECT DAMAGES, INDIRECT
|
|
DAMAGES, PUNITIVE DAMAGES, INCIDENTAL DAMAGES, SPECIAL
|
|
DAMAGES, EXEMPLARY DAMAGES, CONSEQUENTIAL DAMAGES OR ANY
|
|
OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS
|
|
OF USE, DATA OR PROFITS, OR ANY OTHER LOSS ARISING OUT OF OR IN
|
|
ANY WAY RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE,
|
|
PERFORMANCE, OR NON-PERFORMANCE OF THE LICENSED WORK OR ANY
|
|
PART THEREOF OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
|
|
SERVICES, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS
|
|
IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF
|
|
PERFORMANCE), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
|
|
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
|
|
NEGLIGENCE OR OTHERWISE) IN RELATION TO OR ARISING IN ANY WAY
|
|
OUT OF THIS LICENSE OR THE USE OR DISTRIBUTION OF THE LICENSED
|
|
WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF
|
|
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
|
|
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
|
|
INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
|
|
APPLICABLE LAW PROHIBITS SUCH LIMITATION. THIS CLAUSE
|
|
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
|
|
LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
|
|
LICENSE INCLUDING WITHOUT LIMITATION THE LIMITATIONS SET FORTH
|
|
IN THIS SECTION 8.1.
|
|
|
|
8.2. EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, EACH RECIPIENT
|
|
SHALL NOT HAVE ANY LIABILITY FOR ANY EXEMPLARY, OR
|
|
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
|
|
PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
|
|
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
|
|
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
|
|
DISTRIBUTION OF THE LICENSED WORK OR THE EXERCISE OF ANY RIGHTS
|
|
GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
|
|
DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
|
|
LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
|
|
PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
|
|
LIMITATION.
|
|
|
|
9. GOVERNING LAW AND LEGAL ACTION.
|
|
|
|
9.1. This License shall be governed by and construed in accordance with the laws of the
|
|
Governing Jurisdiction assigned in Part 3 of Exhibit A, without regard to its conflict of
|
|
law provisions. No party may bring a legal action under this License more than one year
|
|
after the cause of the action arose. Each party waives its rights (if any) to a jury trial in
|
|
any litigation arising under this License. Note that if the Governing Jurisdiction is not
|
|
assigned in Part 3 of Exhibit A, then the Governing Jurisdiction shall be the State of New
|
|
York.
|
|
|
|
9.2. The courts of the Governing Jurisdiction shall have jurisdiction, but not exclusive
|
|
jurisdiction, to entertain and determine all disputes and claims, whether for specific
|
|
performance, injunction, damages or otherwise, both at law and in equity, arising out of
|
|
or in any way relating to this License, including without limitation, the legality, validity,
|
|
existence and enforceability of this License. Each party to this License hereby
|
|
irrevocably attorns to and accepts the jurisdiction of the courts of the Governing
|
|
Jurisdiction for such purposes.
|
|
|
|
9.3. Except as expressly set forth elsewhere herein, in the event of any action or
|
|
proceeding brought by any party against another under this License the prevailing party
|
|
shall be entitled to recover all costs and expenses including the fees of its attorneys in
|
|
such action or proceeding in such amount as the court may adjudge reasonable.
|
|
|
|
10. MISCELLANEOUS.
|
|
|
|
10.1. The obligations imposed by this License are for the benefit of the Initial
|
|
Contributor and any Recipient, and each Recipient acknowledges and agrees that the
|
|
Initial Contributor and/or any other Recipient may enforce the terms and conditions of
|
|
this License against any Recipient.
|
|
|
|
10.2. This License represents the complete agreement concerning subject matter hereof,
|
|
and supersedes and cancels all previous oral and written communications,
|
|
representations, agreements and understandings between the parties with respect to the
|
|
subject matter hereof.
|
|
|
|
10.3. The application of the United Nations Convention on Contracts for the
|
|
International Sale of Goods is expressly excluded.
|
|
|
|
10.4. The language in all parts of this License shall be in all cases construed simply
|
|
according to its fair meaning, and not strictly for or against any of the parties hereto. Any
|
|
law or regulation which provides that the language of a contract shall be construed
|
|
against the drafter shall not apply to this License.
|
|
|
|
10.5. If any provision of this License is invalid or unenforceable under the laws of the
|
|
Governing Jurisdiction, it shall not affect the validity or enforceability of the remainder
|
|
of the terms of this License, and without further action by the parties hereto, such
|
|
provision shall be reformed to the minimum extent necessary to make such provision
|
|
valid and enforceable.
|
|
|
|
10.6. The paragraph headings of this License are for reference and convenience only and
|
|
are not a part of this License, and they shall have no effect upon the construction or
|
|
interpretation of any part hereof.
|
|
|
|
10.7. Each of the terms "including", "include" and "includes", when used in this License,
|
|
is not limiting whether or not non-limiting language (such as "without limitation" or "but
|
|
not limited to" or words of similar import) is used with reference thereto.
|
|
|
|
10.8. The parties hereto acknowledge they have expressly required that this License and
|
|
notices relating thereto be drafted in the English language.
|
|
|
|
//***THE LICENSE TERMS END HERE (OTHER THAN AS SET OUT IN EXHIBIT
|
|
//A).***//
|
|
|
|
EXHIBIT A (to the Adaptive Public License)
|
|
|
|
PART 1: INITIAL CONTRIBUTOR AND DESIGNATED WEB SITE The Initial
|
|
Contributor is: MusicIP Corporation (www.musicip.com)
|
|
|
|
Address of Initial Contributor:
|
|
|
|
605 E. Huntington Dr., Suite 201
|
|
Monrovia, California, 91016 USA
|
|
+1 (626) 359-9702
|
|
|
|
[Enter address above]
|
|
|
|
The Designated Web Site is: http://www.musicdns.org/
|
|
|
|
NOTE: The Initial Contributor is to complete this Part 1, along with Parts 2, 3, and 5,
|
|
and, if applicable, Parts 4 and 6.
|
|
|
|
PART 2: INITIAL WORK
|
|
|
|
The Initial Work comprises the computer program(s) distributed by the Initial
|
|
Contributor having the following title(s): ___LIBOFA (Open Fingerprint Architecture
|
|
Library 1.0)__.
|
|
|
|
The date on which the Initial Work was first available under this License: __March 11th,
|
|
2006____
|
|
|
|
PART 3: GOVERNING JURISDICTION
|
|
|
|
For the purposes of this License, the Governing Jurisdiction is State of California, USA.
|
|
|
|
|
|
|
|
PART 4: THIRD PARTIES
|
|
|
|
For the purposes of this License, "Third Party" has the definition set forth below in the
|
|
ONE paragraph selected by the Initial Contributor from paragraphs A, B, C, D and E
|
|
when the Initial Work is distributed or otherwise made available by the Initial
|
|
Contributor. To select one of the following paragraphs, the Initial Contributor must place
|
|
an "X" or "x" in the selection box alongside the one respective paragraph selected.
|
|
SELECTION BOX PARAGRAPH [ ] A. "THIRD PARTY" means any third party.
|
|
|
|
[X] B. "THIRD PARTY" means any third party except for any of the following: (a) a
|
|
wholly owned subsidiary of the Subsequent Contributor in question; (b) a legal entity (the
|
|
"PARENT") that wholly owns the Subsequent Contributor in question; or (c) a wholly
|
|
owned subsidiary of the wholly owned subsidiary in (a) or of the Parent in (b).
|
|
|
|
[ ] C. "THIRD PARTY" means any third party except for any of the following: (a)
|
|
any Person directly or indirectly owning a majority of the voting interest in the
|
|
Subsequent Contributor or (b) any Person in which the Subsequent Contributor directly
|
|
or indirectly owns a majority voting interest.
|
|
|
|
[ ] D. "THIRD PARTY" means any third party except for any Person directly or
|
|
indirectly controlled by the Subsequent Contributor. For purposes of this definition,
|
|
"control" shall mean the power to direct or cause the direction of, the management and
|
|
policies of such Person whether through the ownership of voting interests, by contract, or
|
|
otherwise.
|
|
|
|
[ ] E. "THIRD PARTY" means any third party except for any Person directly or
|
|
indirectly controlling, controlled by, or under common control with the Subsequent
|
|
Contributor. For purposes of this definition, "control" shall mean the power to direct or
|
|
cause the direction of, the management and policies of such Person whether through the
|
|
ownership of voting interests, by contract, or otherwise.
|
|
|
|
The default definition of "THIRD PARTY" is the definition set forth in paragraph A, if
|
|
NONE OR MORE THAN ONE of paragraphs A, B, C, D or E in this Part 4 are selected
|
|
by the Initial Contributor.
|
|
|
|
PART 5: NOTICE
|
|
|
|
THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THE ADAPTIVE
|
|
PUBLIC LICENSE ("LICENSE") AS FIRST COMPLETED BY: MusicIP Corporation,
|
|
Doing Business As MusicIP. ANY USE, PUBLIC DISPLAY, PUBLIC
|
|
PERFORMANCE, REPRODUCTION OR DISTRIBUTION OF, OR PREPARATION
|
|
OF DERIVATIVE WORKS BASED ON, THE LICENSED WORK CONSTITUTES
|
|
RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND ITS TERMS, WHETHER OR
|
|
NOT SUCH RECIPIENT READS THE TERMS OF THE LICENSE. "LICENSED
|
|
WORK" AND "RECIPIENT" ARE DEFINED IN THE LICENSE. A COPY OF THE
|
|
LICENSE IS LOCATED IN THE TEXT FILE ENTITLED "LICENSE.TXT"
|
|
ACCOMPANYING THE CONTENTS OF THIS FILE. IF A COPY OF THE LICENSE
|
|
DOES NOT ACCOMPANY THIS FILE, A COPY OF THE LICENSE MAY ALSO BE
|
|
OBTAINED AT THE FOLLOWING WEB SITE: http://www.musicdns.org/
|
|
|
|
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT
|
|
WARRANTY OF ANY KIND, either express or implied. See the License for the specific
|
|
language governing rights and limitations under the License.
|
|
|
|
PART 6: PATENT LICENSING TERMS
|
|
|
|
For the purposes of this License, paragraphs A, B, C, D and E of this Part 6 of Exhibit A
|
|
are only incorporated and form part of the terms of the License if the Initial Contributor
|
|
places an "X" or "x" in the selection box alongside the YES answer to the question
|
|
immediately below.
|
|
|
|
Is this a Patents-Included License pursuant to Section 2.2 of the License?
|
|
|
|
YES [ ] NO [X]
|
|
|
|
By default, if YES is not selected by the Initial Contributor, the answer is NO.
|
|
|
|
A. For the purposes of the paragraphs in this Part 6 of Exhibit A, "LICENSABLE"
|
|
means having the right to grant, to the maximum extent possible, whether at the time of
|
|
the initial grant or subsequently acquired, any and all of the rights granted herein.
|
|
|
|
B. The Initial Contributor hereby grants all Recipients a world-wide, royalty-free, non-
|
|
exclusive license, subject to third party intellectual property claims, under patent claim(s)
|
|
Licensable by the Initial Contributor that are or would be infringed by the making, using,
|
|
selling, offering for sale, having made, importing, exporting, transfer or disposal of such
|
|
Initial Work or any portion thereof. Notwithstanding the foregoing, no patent license is
|
|
granted under this Paragraph B by the Initial Contributor: (1) for any code that the Initial
|
|
Contributor deletes from the Initial Work (or any portion thereof) distributed by the
|
|
Initial Contributor prior to such distribution; (2) for any Modifications made to the Initial
|
|
Work (or any portion thereof) by any other Person; or (3) separate from the Initial Work
|
|
(or portions thereof) distributed or made available by the Initial Contributor.
|
|
|
|
C. Effective upon distribution by a Subsequent Contributor to a Third Party of any
|
|
Modifications made by that Subsequent Contributor, such Subsequent Contributor hereby
|
|
grants all Recipients a world-wide, royalty-free, non-exclusive license, subject to third
|
|
party intellectual property claims, under patent claim(s) Licensable by such Subsequent
|
|
Contributor that are or would be infringed by the making, using, selling, offering for sale,
|
|
having made, importing, exporting, transfer or disposal of any such Modifications made
|
|
by that Subsequent Contributor alone and/or in combination with its Subsequent Work
|
|
(or portions of such combination) to make, use, sell, offer for sale, have made, import,
|
|
export, transfer and otherwise dispose of:
|
|
|
|
(1) Modifications made by that Subsequent Contributor (or portions thereof); and
|
|
|
|
(2) the combination of Modifications made by that Subsequent Contributor with its
|
|
Subsequent Work (or portions of such combination);
|
|
|
|
(collectively and in each case, the "SUBSEQUENT CONTRIBUTOR VERSION").
|
|
|
|
Notwithstanding the foregoing, no patent license is granted under this Paragraph C by
|
|
such Subsequent Contributor: (1) for any code that such Subsequent Contributor deletes
|
|
from the Subsequent Contributor Version (or any portion thereof) distributed by the
|
|
Subsequent Contributor prior to such distribution; (2) for any Modifications made to the
|
|
Subsequent Contributor Version (or any portion thereof) by any other Person; or (3)
|
|
separate from the Subsequent Contributor Version (or portions thereof) distributed or
|
|
made available by the Subsequent Contributor.
|
|
|
|
D. Effective upon distribution of any Licensed Work by a Distributor to a Third Party,
|
|
such Distributor hereby grants all Recipients a world-wide, royalty-free, non-exclusive
|
|
license, subject to third party intellectual property claims, under patent claim(s)
|
|
Licensable by such Distributor that are or would be infringed by the making, using,
|
|
selling, offering for sale, having made, importing, exporting, transfer or disposal of any
|
|
such Licensed Work distributed by such Distributor, to make, use, sell, offer for sale,
|
|
have made, import, export, transfer and otherwise dispose of such Licensed Work or
|
|
portions thereof (collectively and in each case, the "DISTRIBUTOR VERSION").
|
|
Notwithstanding the foregoing, no patent license is granted under this Paragraph D by
|
|
such Distributor: (1) for any code that such Distributor deletes from the Distributor
|
|
Version (or any portion thereof) distributed by the Distributor prior to such distribution;
|
|
(2) for any Modifications made to the Distributor Version (or any portion thereof) by any
|
|
other Person; or (3) separate from the Distributor Version (or portions thereof) distributed
|
|
or made available by the Distributor.
|
|
|
|
E. If Recipient institutes patent litigation against another Recipient (a "USER") with
|
|
respect to a patent applicable to a computer program or software (including a cross-claim
|
|
or counterclaim in a lawsuit, and whether or not any of the patent claims are directed to a
|
|
system, method, process, apparatus, device, product, article of manufacture or any other
|
|
form of patent claim), then any patent or copyright license granted by that User to such
|
|
Recipient under this License or any other copy of this License shall terminate. The
|
|
termination shall be effective ninety (90) days after notice of termination from User to
|
|
Recipient, unless the Recipient withdraws the patent litigation claim before the end of the
|
|
ninety (90) day period. To be effective, any such notice of license termination must
|
|
include a specific list of applicable patents and/or a copy of the copyrighted work of User
|
|
that User alleges will be infringed by Recipient upon License termination. License
|
|
termination is only effective with respect to patents and/or copyrights for which proper
|
|
notice has been given.
|
|
|
|
PART 7: SAMPLE REQUIREMENTS FOR THE DESCRIPTION OF DISTRIBUTED
|
|
MODIFICATIONS
|
|
|
|
Each Subsequent Contributor (including the Initial Contributor where the Initial
|
|
Contributor qualifies as a Subsequent Contributor) is invited (but not required) to cause
|
|
each Subsequent Work created or contributed to by that Subsequent Contributor to
|
|
contain a file documenting the changes such Subsequent Contributor made to create that
|
|
Subsequent Work and the date of any change.
|
|
|
|
//***EXHIBIT A ENDS HERE.***//
|
|
|
|
-- with the following supplement --
|
|
|
|
Supplemental Text file for Open Fingerprint Architecture library (LIBOFA) distributed
|
|
under Adaptive Public License 1.0
|
|
|
|
Per Section 3.10, LIMITED RECOGNITION OF INITIAL CONTRIBUTOR
|
|
|
|
(a) As a modest attribution to the Initial Contributor, in the hope that its promotional
|
|
value may help justify the time, money and effort invested in writing the Initial Work, the
|
|
Initial Contributor may include in Part 2 of the Supplement File a requirement that each
|
|
time an executable program resulting from the Initial Work or any Subsequent Work, or a
|
|
program dependent thereon, is launched or run, a prominent display of the Initial
|
|
Contributor's attribution information must occur (the "ATTRIBUTION
|
|
INFORMATION"). The Attribution Information must be included at the beginning of
|
|
each Source Code file. For greater certainty, the Initial Contributor may specify in the
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Supplement File that the above attribution requirement only applies to an executable
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program resulting from the Initial Work or any Subsequent Work, but not a program
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dependent thereon. The intent is to provide for reasonably modest attribution, therefore
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the Initial Contributor may not require Recipients to display, at any time, more than the
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following Attribution Information: (a) a copyright notice including the name of the Initial
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Contributor; (b) a word or one phrase (not exceeding 10 words); (c) one digital image or
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graphic provided with the Initial Work; and (d) a URL (collectively, the
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"ATTRIBUTION LIMITS").
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The attribution requested by MusicIP for this source code is:
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(c) a digital imageconnected_by_musicip.gif or connected_by_musicip.png included
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with this source code, also available from
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http://www.musicip.com/connected_by_musicip.gif or
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http://www.musicip.com/connected_by_musicip.png
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(d) a URL. The image should be hyperlinked to http://www.musicip.com/
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MusicIP requests that the image be legibly presented against a contrasting (light)
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background color such as white or light grey.
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