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LICENSE.html
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<html>
<head>
<meta name="generator" content="HTML Tidy, see www.w3.org">
<title>Andromedia Public License version 1.0</title>
</head>
<body bgcolor="#FFFFFF" text="#000000" link="#0000EE" vlink="#551A8B" alink=
"#FF0000">
<p align="CENTER"><font size="+2"><b>ANDROMEDIA PUBLIC
LICENSE</b></font><br>
<b>Version 1.0</b></p>
<hr width="20%">
<dl>
<dt><b>1. Definitions.</b></dt>
<dd>
<p><b>1.1. "Contributor"</b> means each entity that creates or
contributes to the creation of Modifications.</p>
<p><b>1.2. "Contributor Version"</b> means the combination of the
Original Code, prior Modifications used by a Contributor, and the
Modifications made by that particular Contributor.</p>
<p><b>1.3. "Covered Code"</b> means the Original Code or Modifications
or the combination of the Original Code and Modifications, in each
case including portions thereof.</p>
<p><b>1.4. "Electronic Distribution Mechanism"</b> means a mechanism
generally accepted in the software development community for the
electronic transfer of data.</p>
<p><b>1.5. "Executable"</b> means Covered Code in any form other than
Source Code.</p>
<p><b>1.6. "Initial Developer"</b> means the individual or entity
identified as the Initial Developer in the Source Code notice required
by <b>Exhibit A</b>.</p>
<p><b>1.7. "Larger Work"</b> means a work which combines Covered Code
or portions thereof with code not governed by the terms of this
License.</p>
<p><b>1.8. "License"</b> means this document.</p>
<dl>
<dt><b>1.9. "Modifications"</b> 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:</dt>
<dd>
<p><b>A.</b> Any addition to or deletion from the contents of a
file containing Original Code or previous Modifications.</p>
<p><b>B.</b> Any new file that contains any part of the Original
Code or previous Modifications.</p>
</dd>
</dl>
<p><b>1.10. "Original Code"</b> means Source Code of computer software
code which is described in the Source Code notice required by
<b>Exhibit A</b> as Original Code, and which, at the time of its
release under this License is not already Covered Code governed by
this License.</p>
<p><b>1.11. "Source Code"</b> 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 a list of
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.</p>
<p><b>1.12. "You"</b> 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 which 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 fifty percent (50%) or more of the
outstanding shares or beneficial ownership of such entity.</p>
</dd>
</dl>
<dl>
<dt><b>2. Source Code License.</b></dt>
<dd>
<p><b>2.1. The Initial Developer Grant.</b></p>
<dl>
<dt>The Initial Developer hereby grants You a world-wide,
royalty-free, non-exclusive license, subject to third party
intellectual property claims:</dt>
<dd>
<p><b>(a)</b> to use, reproduce, modify, display, perform,
sublicense and distribute the Original Code (or portions thereof)
with or without Modifications, or as part of a Larger Work;
and</p>
<p><b>(b)</b> under patents now or hereafter owned or controlled
by Initial Developer, to make, have made, use and sell ("Utilize")
the Original Code (or portions thereof), but solely to the extent
that any such patent is reasonably necessary to enable You to
Utilize the Original Code (or portions thereof) and not to any
greater extent that may be necessary to Utilize further
Modifications or combinations.</p>
</dd>
</dl>
<p><b>2.2. Contributor Grant.</b></p>
<dl>
<dt>Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property
claims:</dt>
<dd>
<p><b>(a)</b> 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 or as part of a Larger
Work; and</p>
<p><b>(b)</b> under patents now or hereafter owned or controlled
by Contributor, to Utilize the Contributor Version (or portions
thereof), but solely to the extent that any such patent is
reasonably necessary to enable You to Utilize the Contributor
Version (or portions thereof), and not to any greater extent that
may be necessary to Utilize further Modifications or
combinations.</p>
</dd>
</dl>
</dd>
</dl>
<dl>
<dt><b>3. Distribution Obligations.</b></dt>
<dd>
<p><b>3.1. Application of License.</b><br>
The Modifications which You create or to which You contribute are
governed by the terms of this License, including without limitation
Section <b>2.2</b>. 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 <b>6.1</b>, 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 <b>3.5</b>.</p>
<p><b>3.2. Availability of Source Code.</b><br>
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.</p>
<p><b>3.3. Description of Modifications.</b><br>
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.</p>
<dl>
<dt><b>3.4. Intellectual Property Matters</b></dt>
<dd>
<p><b>(a) Third Party Claims</b>.<br>
If You have knowledge that a party claims an intellectual
property right in particular functionality or code (or its
utilization under this License), you 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 you obtain such knowledge
after You make Your Modification available as described in Section
<b>3.2</b>, You shall promptly modify the LEGAL file in all copies
You make 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.</p>
<p><b>(b) Contributor APIs</b>.<br>
If Your Modification is an application programming interface and
You own or control patents which are reasonably necessary to
implement that API, you must also include this information in the
LEGAL file.</p>
</dd>
</dl>
<p><b>3.5. Required Notices.</b><br>
You must duplicate the notice in <b>Exhibit A</b> in each file of the
Source Code, and this License in any documentation for the Source
Code, where You describe recipients' rights relating to Covered Code.
If You created one or more Modification(s), You may add your name as a
Contributor to the notice described in <b>Exhibit A</b>. 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 file) where a user would be likely to look for
such a notice. 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.</p>
<p><b>3.6. Distribution of Executable Versions.</b><br>
You may distribute Covered Code in Executable form only if the
requirements of Section <b>3.1-3.5</b> 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 <b>3.2</b>. 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 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 that 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.</p>
<p><b>3.7. Larger Works.</b><br>
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.</p>
</dd>
</dl>
<dl>
<dt><b>4. Inability to Comply Due to Statute or Regulation.</b></dt>
<dd>
<p>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
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 <b>3.4</b> 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.</p>
</dd>
</dl>
<dl>
<dt><b>5. Application of this License.</b></dt>
<dd>
<p>This License applies to code to which the Initial Developer has
attached the notice in <b>Exhibit A</b>, and to related Covered
Code.</p>
</dd>
</dl>
<dl>
<dt><b>6. Versions of the License.</b></dt>
<dd>
<p><b>6.1. New Versions</b>.<br>
Andromedia Incorporated ("Andromedia") may publish revised and/or new
versions of the License from time to time. Each version will be given
a distinguishing version number.</p>
<p><b>6.2. Effect of New Versions</b>.<br>
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 Andromedia. No
one other than Andromedia has the right to modify the terms applicable
to Covered Code created under this License.</p>
<p><b>6.3. Derivative Works</b>.<br>
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 "Pueblo", "Andromedia", "APL" or any confusingly
similar phrase do not appear anywhere in your license and (b)
otherwise make it clear that your version of the license contains
terms which differ from the Andromedia Public License. (Filling in the
name of the Initial Developer, Original Code or Contributor in the
notice described in <b>Exhibit A</b> shall not of themselves be deemed
to be modifications of this License.)</p>
</dd>
</dl>
<dl>
<dt><b>7. DISCLAIMER OF WARRANTY.</b></dt>
<dd>
<p>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.</p>
</dd>
</dl>
<dl>
<dt><b>8. TERMINATION.</b></dt>
<dd>
<p>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.</p>
</dd>
</dl>
<dl>
<dt><b>9. LIMITATION OF LIABILITY.</b></dt>
<dd>
<p>UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER
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
THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.</p>
</dd>
</dl>
<dl>
<dt><b>10. U.S. GOVERNMENT END USERS.</b></dt>
<dd>
<p>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.</p>
</dd>
</dl>
<dl>
<dt><b>11. MISCELLANEOUS.</b></dt>
<dd>
<p>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: (a) unless otherwise agreed in writing, all
disputes relating to this License (excepting any dispute relating to
intellectual property rights) shall be subject to final and binding
arbitration, with the losing party paying all costs of arbitration;
(b) any arbitration relating to this Agreement shall be held in Santa
Clara County, California, under the auspices of JAMS/EndDispute; and
(c) any litigation relating to this Agreement 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.</p>
</dd>
</dl>
<dl>
<dt><b>12. RESPONSIBILITY FOR CLAIMS.</b></dt>
<dd>
<p>Except in cases where another Contributor has failed to comply with
Section <b>3.4</b>, You are responsible for damages arising, directly
or indirectly, out of Your utilization of rights under this License,
based on the number of copies of Covered Code you made available, the
revenues you received from utilizing such rights, and other relevant
factors. You agree to work with affected parties to distribute
responsibility on an equitable basis.</p>
</dd>
</dl>
<dl>
<dt><b>AMENDMENTS<br>
Additional Terms applicable to the Andromedia Public License.</b></dt>
<dd>
<p><b>I. Effect.</b><br>
These additional terms described in this Andromedia Public
<nobr>License --</nobr> Amendments shall apply to the Pueblo client
code and to all Covered Code under this License.</p>
<p><b>II. "Andromedia's Branded Code"</b> means Covered Code that
Andromedia distributes and/or permits others to distribute under one
or more trademark(s) which are controlled by Andromedia but which are
not licensed for use under this License.</p>
<p><b>III. Andromedia and logo.</b><br>
This License does not grant any rights to use the trademark
"Andromedia" or the "Andromedia A and dancing person" logo, even if
such marks are included in the Original Code.</p>
<p><b>IV. Inability to Comply Due to Contractual Obligation.</b><br>
Prior to licensing the Original Code under this License, Andromedia
has licensed third party code for use in Andromedia's Branded Code. To
the extent that Andromedia is limited contractually from making such
third party code available under this License, Andromedia may choose
to reintegrate such code into Covered Code without being required to
distribute such code in Source Code form, even if such code would
otherwise be considered "Modifications" under this License.</p>
<dl>
<dt><b>V. Use of Modifications and Covered Code by Initial
Developer.</b></dt>
<dd>
<p><b>V.1. In General.</b><br>
The obligations of Section <b>3</b> apply to Andromedia, except
to the extent specified in this Amendment, Section <b>V.2</b> and
<b>V.3</b>.</p>
<p><b>V.2. Other Products.</b><br>
Andromedia may include Covered Code in products other than the
Andromedia's Branded Code which are released by Andromedia during
the two (2) years following the release date of the Original Code,
without such additional products becoming subject to the terms of
this License, and may license such additional products on
different terms from those contained in this License.</p>
<p><b>V.3. Alternative Licensing.</b><br>
Andromedia may license the Source Code of Andromedia's Branded
Code, including Modifications incorporated therein, without such
additional products becoming subject to the terms of this License,
and may license such additional products on different terms from
those contained in this License.</p>
</dd>
</dl>
<p><b>VI. Arbitration and Litigation.</b><br>
Notwithstanding the limitations of Section <b>11</b> above, the
provisions regarding arbitration and litigation in Section
<b>11(a)</b>, <b>(b)</b> and <b>(c)</b> of the License shall apply to
all disputes relating to this License.</p>
</dd>
</dl>
<dl>
<dt><b>EXHIBIT A.</b></dt>
<dd>
<p>"The contents of this file are subject to the Andromedia 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 <tt>http://pueblo.sf.net/APL/</tt></p>
<p>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.</p>
<p>The Original Code is Pueblo client code, released November 4,
1998.</p>
<p>The Initial Developer of the Original Code is Andromedia
Incorporated. Portions created by Andromedia are Copyright (C) 1998
Andromedia Incorporated. All Rights Reserved.</p>
<p>Contributor(s): ______________________________________."</p>
<p><br>
<br>
</p>
<p>[NOTE: The text of this Exhibit A may differ slightly from the text
of the notices in the Source Code files of the Original Code. This is
due to time constraints encountered in simultaneously finalizing the
License and in preparing the Original Code for release. You should use
the text of this Exhibit A rather than the text found in the Original
Code Source Code for Your Modifications.]</p>
</dd>
</dl>
<p> </p>
</body>
</html>