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Initial Developer's PUBLIC LICENSE
Version 1.0
1. Definitions
1.0 "Commercial Use" means distribution or otherwise making the Covered
Code available to a third party.
1.1 ''Contributor'' means each entity that creates or contributes to the
creation of Modifications.
1.2 ''Contributor Version'' means the combination of the Original Code, prior
Modifications used by a Contributor, and the Modifications made by that
particular Contributor.
1.3. ''Covered Code'' means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case including
portions thereof.
1.4. ''Electronic Distribution Mechanism'' means a mechanism generally
accepted in the software development community for the electronic transfer of
data.
1.5. ''Executable'' means Covered Code in any form other than Source Code.
1.6. ''Initial Developer'' means the individual or entity identified as the Initial
Developer in the Source Code notice required by Exhibit A.
1.7. ''Larger Work'' means a work which combines Covered Code or portions
thereof with code not governed by the terms of this License.
1.8. ''License'' means this document.
1.8.1. "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 conveyed herein.
1.9. ''Modifications'' means any addition to or deletion from the substance or
structure of either the Original Code or any previous Modifications. When
Covered Code is released as a series of files, a Modification is:
Any addition to or deletion from the contents of a file containing Original
Code or previous Modifications.
Any new file that contains any part of the Original Code or previous
Modifications.
1.10. ''Original Code'' means Source Code of computer software code which
is described in the Source Code notice required by Exhibit A as Original Code,
and which, at the time of its release under this License is not already Covered
Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or
hereafter acquired, including without limitation, method, process, and
apparatus claims, in any patent Licensable by grantor.
1.11. ''Source Code'' means the preferred form of the Covered Code for
making modifications to it, including all modules it contains, plus any associated
interface definition files, scripts used to control compilation and installation of
an Executable, or source code differential comparisons against either the
Original Code or another well known, available Covered Code of the
Contributor's choice. The Source Code can be in a compressed or archival
form, provided the appropriate decompression or de-archiving software is
widely available for no charge.
1.12. "You'' (or "Your") means an individual or a legal entity exercising rights
under, and complying with all of the terms of, this License or a future version
of this License issued under Section 6.1. For legal entities, "You'' includes any
entity w hich controls, is controlled by, or is under common control with You.
For purposes of this definition, "control'' means (a) the power, direct or
indirect, to cause the direction or management of such entity, whether by
contract or otherwise, or (b) ownership of more than fifty percent (50%) of
the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1. The Initial Developer Grant. The Initial Developer hereby grants You a
world-wide, royalty-free, non-exclusive license, subject to third party intellectual
property claims:
(a) under intellectual property rights (other than patent or trademark)
Licensable by Initial Developer to use, reproduce, modify, display, perform,
sublicense and distribute the Original Code (or portions thereof) with or without
Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of Original
Code, to make, have made, use, practice, sell, and offer for sale, and/or
otherwise dispose of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the date
Initial Developer first distributes Original Code under the terms of this License.
d) Notwithstanding Section 2.1(b) above, no patent license is granted:
1) for code that You delete from the Original Code;
2) separate from the Original Code; or
3) for infringements caused by:
i) the modification of the Original Code or
ii) the combination of the Original Code with other software or
devices.
2.2. Contributor Grant. Subject to third party intellectual property claims, each
Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or trademark)
Licensable by Contributor, to use, reproduce, modify, display, perform,
sublicense and distribute the Modifications created by such Contributor (or
portions thereof) either on an unmodified basis, with other Modifications, as
Covered Code and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of
Modifications made by that Contributor either alone and/or in combination with
its Contributor Version (or portions of such combination), to make, use, sell,
offer for sale, have made, and/or otherwise dispose of: 1) Modifications made
by that Contributor (or portions thereof); and 2) the combination of
Modifications made by that Contributor with its Contributor Version (or portions
of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date
Contributor first makes Commercial Use of the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted:
1) for any code that Contributor has deleted from the Contributor
Version;
2) separate from the Contributor Version;
3) for infringements caused by:
i) third party modifications of Contributor Version or
ii) the combination of Modifications made by that Contributor with
other software (except as part of the Contributor Version) or
other devices; or
4) under Patent Claims infringed by Covered Code in the absence of
Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Application of License. The Modifications which You create or to which
You contribute are governed by the terms of this License, including without
limitation Section 2.2. The Source Code version of Covered Code may be
distributed only under the terms of this License or a future version of this
License released under Section 6.1, and You must include a copy of this
License with every copy of the Source Code You distribute. You may not offer
or impose any terms on any Source Code version that alters or restricts the
applicable version of this License or the recipients' rights hereunder. However,
You may include an additional document offering the additional rights described
in Section 3.5.
3.2. Availability of Source Code. Any Modification which You create or to
which You contribute must be made available in Source Code form under the
terms of this License either on the same media as an Executable version or via
an accepted Electronic Distribution Mechanism to anyone to whom you made
an Executable version available; and if made available via Electronic Distribution
Mechanism, must remain available for at least twelve (12) months after the
date it initially became available, or at least six (6) months after a subsequent
version of that particular Modification has been made available to such
recipients. You are responsible for ensuring that the Source Code version
remains available even if the Electronic Distribution Mechanism is maintained by
a third party.
3.3. Description of Modifications. You must cause all Covered Code to
which You contribute to contain a file documenting the changes You made to
create that Covered Code and the date of any change. You must include a
prominent statement that the Modification is derived, directly or indirectly, from
Original Code provided by the Initial Developer and including the name of the
Initial Developer in
(a) the Source Code, and
(b) in any notice in an Executable version or related documentation in
which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
a) Third Party Claims. If Contributor has knowledge that a license under
a third party's intellectual property rights is required to exercise the
rights granted by such Contributor under Sections 2.1 or 2.2,
Contributor must include a text file with the Source Code distribution
titled "LEGAL'' which describes the claim and the party making the claim
in sufficient detail that a recipient will know whom to contact. If
Contributor obtains such knowledge after the Modification is made
available as described in Section 3.2, Contributor shall promptly modify
the LEGAL file in all copies Contributor makes available thereafter and
shall take other steps (such as notifying appropriate mailing lists or
newsgroups) reasonably calculated to inform those who received the
Covered Code that new knowledge has been obtained.
(b) Contributor APIs. If Contributor's Modifications include an application
programming interface and Contributor has knowledge of patent
licenses which are reasonably necessary to implement that API,
Contributor must also include this information in the LEGAL file.
(c) Representations. Contributor represents that, except as disclosed
pursuant to Section 3.4(a) above, Contributor believes that Contributor's
Modifications are Contributor's original creation(s) and/or Contributor
has sufficient rights to grant the rights conveyed by this License.
3.5. Required Notices. You must duplicate the notice in Exhibit A in each file
of the Source Code. If it is not possible to put such notice in a particular Source
Code file due to its structure, then You must include such notice in a location
(such as a relevant directory) where a user would be likely to look for such a
notice. If You created one or more Modification(s) You may add your name as
a Contributor to the notice described in Exhibit A. You must also duplicate this
License in any documentation for the Source Code where You describe
recipients' rights or ownership rights relating to Covered Code. You may
choose to offer, and to charge a fee for, warranty, support, indemnity or
liability obligations to one or more recipients of Covered Code. However, You
may do so only on Your own behalf, and not on behalf of the Initial Developer
or any Contributor. You must make it absolutely clear than any such warranty,
support, indemnity or liability obligation is offered by You alone, and You
hereby agree to indemnify the Initial Developer and every Contributor for any
liability incurred by the Initial Developer or such Contributor as a result of
warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions. You may distribute Covered
Code in Executable form only if the requirements of Section 3.1-3.5 have been
met for that Covered Code, and if You include a notice stating that the Source
Code version of the Covered Code is available under the terms of this License,
including a description of how and where You have fulfilled the obligations of
Section 3.2. The notice must be conspicuously included in any notice in an
Executable version, related documentation or collateral in which You describe
recipients' rights relating to the Covered Code. You may distribute the
Executable version of Covered Code or ownership rights under a license of
Your choice, which may contain terms different from this License, provided
that You are in compliance with the terms of this License and hat the license
for the Executable version does not attempt to limit or alter the recipient's rights
in the Source Code version from the rights set forth in this License. If You
distribute the Executable version under a different license You must make it
absolutely clear that any terms which differ from this License are offered by
You alone, not by the Initial Developer or any Contributor. You hereby agree to
indemnify the Initial Developer and every Contributor for any liability incurred by
the Initial Developer or such Contributor as a result of any such terms You
offer.
3.7. Larger Works. You may create a Larger Work by combining Covered
Code with other code not governed by the terms of this License and distribute
the Larger Work as a single product. In such a case, You must make sure the
requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with respect
to some or all of the Covered Code due to statute, judicial order, or regulation then You
must:
(a) comply with the terms of this License to the maximum extent possible; and
(b) describe the limitations and the code they affect. Such description must be
included in the LEGAL file described in Section 3.4 and must be included with
all distributions of the Source Code. Except to the extent prohibited by statute
or regulation, such description must be sufficiently detailed for a recipient of
ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the notice in
Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions. The Initial Developer of this code may publish revised
and/or new versions of the License from time to time. Each version will be
given a distinguishing version number.
6.2. Effect of New Versions. Once Covered Code has been published under
a particular version of the License, You may always continue to use it under
the terms of that version. You may also choose to use such Covered Code
under the terms of any subsequent version of the License published by the
Initial Developer. No one other than the Initial Developer has the right to modify
the terms applicable to Covered Code created under this License.
6.3. Derivative Works. If You create or use a modified version of this License
(which you may only do in order to apply it to code which is not already
Covered Code governed by this License), You must
(a) rename Your license so that the phrases ''Mozilla'', ''MOZILLAPL'',
''MOZPL'', ''Netscape'', "MPL", ''NPL", or any confusingly similar phrases
do not appear in your license (except to note that your license differs
from this License) and
(b) otherwise make it clear that Your version of the license contains
terms which differ from the Mozilla Public License and Netscape Public
License. (Filling in the name of the Initial Developer, Original Code or
Contributor in the notice described in Exhibit A shall not of themselves
be deemed to be modifications of this License.)
6.4 Origin of the Initial Developer's Public License. The Initial Developer's
Public License is based on the Mozilla Public License V 1.1 with the following
changes:
1) The license is published by the Initial Developer of this code. Only the
Initial Developer can modify the terms applicable to Covered Code.
2) The license can be modified and used for code which is not already
governed by this license. Modified versions of the license must be
renamed to avoid confusion with Netscape's license Initial Developer's's
license and must include a description of changes from the Initial
Developer's Public License.
3) The name of the license in Exhibit A is the "Initial Developer's Public
License".
4) The reference to an alternative license in Exhibit A has been removed
.
5) Amendments I, II, III, V, and VI have been deleted.
6) Exhibit A, Netscape Public License has been deleted
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS
WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.
8. TERMINATION.
8.1. This License and the rights granted hereunder will terminate automatically
if You fail to comply with terms herein and fail to cure such breach within 30
days of becoming aware of the breach. All sublicenses to the Covered Code
which are properly granted shall survive any termination of this License.
Provisions which, by their nature, must remain in effect beyond the termination
of this License shall survive.
8.2. If You initiate litigation by asserting a patent infringement claim (excluding
declatory judgment actions) against Initial Developer or a Contributor (the Initial
Developer or Contributor against whom You file such action is referred to as
"Participant") alleging that:
(a) such Participant's Contributor Version directly or indirectly infringes
any patent, then any and all rights granted by such Participant to You
under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice
from Participant terminate prospectively, unless if within 60 days after
receipt of notice You either:
(i) agree in writing to pay Participant a mutually agreeable
reasonable royalty for Your past and future use of Modifications
made by such Participant, or
(ii) withdraw Your litigation claim with respect to the Contributor
Version against such Participant.
If within 60 days of notice, a reasonable royalty and payment
arrangement are not mutually agreed upon in writing by the parties or
the litigation claim is not withdrawn, the rights granted by Participant to
You under Sections 2.1 and/or 2.2 automatically terminate at the
expiration of the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant's
Contributor Version, directly or indirectly infringes any patent, then any
rights granted to You by such Participant under Sections 2.1(b) and
2.2(b) are revoked effective as of the date You first made, used, sold,
distributed, or had made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant alleging that
such Participant's Contributor Version directly or indirectly infringes any patent
where such claim is resolved (such as by license or settlement) prior to the
initiation of patent infringement litigation, then the reasonable value of the
licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken
into account in determining the amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user
license agreements (excluding distributors and resellers) which have been
validly granted by You or any distributor hereunder prior to termination shall
survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY
SHALL HAVE BEEN INFORMED 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. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R. 2.101
(Oct. 1995), consisting of ''commercial computer software'' and ''commercial computer
software documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June
1995), all U.S. Government End Users acquire Covered Code with only those rights
set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If
any provision of this License is held to be unenforceable, such provision shall be
reformed only to the extent necessary to make it enforceable. This License shall be
governed by California law provisions (except to the extent applicable law, if any,
provides otherwise), excluding its conflict-of-law provisions. With respect to disputes
in which at least one party is a citizen of, or an entity chartered or registered to do
business in the United States of America, any litigation relating to this License shall be
subject to the jurisdiction of the Federal Courts of the Northern District of California,
with venue lying in Santa Clara County, California, with the losing party responsible for
costs, including without limitation, court costs and reasonable attorneys' fees and
expenses. The application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. Any law or regulation which
provides that the language of a contract shall be construed against the drafter shall
not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible for claims
and damages arising, directly or indirectly, out of its utilization of rights under this
License and You agree to work with Initial Developer and Contributors to distribute
such responsibility on an equitable basis. Nothing herein is intended or shall be
deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as "Multiple-Licensed".
"Multiple-Licensed" means that the Initial Devpoeloper permits you to utilize portions of
the Covered Code under Your choice of the IDPL or the alternative licenses, if any,
specified by the Initial Developer in the file described in Exhibit A.
EXHIBIT A -Initial Developer's Public License.
The contents of this file are subject to the Initial Developer's Public License Version 1.0
(the "License"); you may not use this file except in compliance with the License. You
may obtain a copy of the License at http://www.ibphoenix.com/idpl.html 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.
The Original Code is ______________________________________.
The Initial Developer of the Original Code is ________________________.
Portions created by ______________________ are Copyright (C) ______
_______________________.
All Rights Reserved.
Contributor(s): ______________________________________.
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