source: trunk/build_lib/LICENSE.html

Last change on this file was 931, checked in by per, 18 years ago

xs3p demands that it's licence file be included.

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5  <title>DSTC Public License</title>
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8<body>
9<h1>DSTC Public License (DPL)</h1>
10<p>Version 1.1</p>
11
12<h2>1. Definitions.</h2>
13
14<p><b>1.0.1. "Commercial Use" </b>means distribution or otherwise making
15the Covered Code available to a third party.</p>
16
17<p><b>1.1.  "Contributor"</b> means each entity that creates or
18contributes to the creation of Modifications.</p>
19
20<p><b>1.2.  "Contributor Version"</b> means the combination of the
21Original Code, prior Modifications used by a Contributor, and the
22Modifications made by that particular Contributor.</p>
23
24<p><b>1.3.  "Covered Code"</b> means the Original Code or
25Modifications or the combination of the Original Code and Modifications,
26in each case including portions thereof<b>.</b></p>
27
28<p><b>1.4.  "Electronic Distribution Mechanism"</b> means a mechanism
29generally accepted in the software development community for the
30electronic transfer of data.</p>
31
32<p><b>1.5.  "Executable"</b> means Covered Code in any form other than
33Source Code.</p>
34
35<p><b>1.6.  "Initial Developer"</b> means the individual or entity
36identified as the Initial Developer in the Source Code notice required
37by <b>Exhibit A</b>.</p>
38
39<p><b>1.7.  "Larger Work"</b> means a work which combines Covered Code
40or portions thereof with code not governed by the terms of this
41License.</p>
42
43<p><b>1.8.  "License"</b> means this document.</p>
44
45<p><b>1.8.1.  "Licensable"</b> means having the right to grant, to the
46maximum extent possible, whether at the time of the initial grant or
47subsequently acquired, any and all of the rights conveyed herein.</p>
48
49<p><b>1.9.  "Modifications"</b> means any addition to or deletion from
50the substance or structure of either the Original Code or any previous
51Modifications. When Covered Code is released as a series of files, a
52Modification is:</p>
53
54<ul>
55<li><b>A.</b> Any addition to or
56deletion from the contents of a file containing Original Code or previous
57Modifications.</li>
58
59<li><b>B.</b> Any new file that contains any part of the Original Code
60or previous Modifications.</li>
61</ul>
62
63
64<p><b>1.10. "Original Code"</b>
65means Source Code of computer software code which is described in the Source
66Code notice required by <b>Exhibit A</b> as Original Code, and which, at the
67time of its release under this License is not already Covered Code governed by
68this License.</p>
69
70<p><b>1.10.1.  "Patent Claims"</b> means any patent claim(s), now owned
71or hereafter acquired, including without limitation, method, process,
72and apparatus claims, in any patent Licensable by grantor.</p>
73
74<p><b>1.11.  "Source Code"</b> means the preferred form of the Covered
75Code for making modifications to it, including all modules it contains,
76plus any associated interface definition files, scripts used to control
77compilation and installation of an Executable, or source code
78differential comparisons against either the Original Code or another
79well known, available Covered Code of the Contributor's choice. The
80Source Code can be in a compressed or archival form, provided the
81appropriate decompression or de-archiving software is widely available
82for no charge.</p>
83
84<p><b>1.12.  "You" (or "Your")</b> means an individual or a legal
85entity exercising rights under, and complying with all of the terms of,
86this License or a future version of this License issued under Section
876.1. For legal entities, "You" includes any entity which controls, is
88controlled by, or is under common control with You. For purposes of this
89definition, "control" means (a) the power, direct or indirect, to cause
90the direction or management of such entity, whether by contract or
91otherwise, or (b) ownership of more than fifty percent (50%) of the
92outstanding shares or beneficial ownership of such
93entity.</p>
94
95
96<h2>2. Source Code License.</h2>
97
98<h3>2.1. The Initial Developer Grant.</h3> 
99
100<p>The Initial Developer hereby grants You a world-wide, royalty-free,
101non-exclusive license, subject to third party intellectual property
102claims:</p>
103
104<p><b>(a)</b> under intellectual property rights (other than patent or
105trademark) Licensable by Initial Developer to use, reproduce, modify,
106display, perform, sublicense and distribute the Original Code (or
107portions thereof) with or without Modifications, and/or as part of a
108Larger Work; and</p>
109
110<p><b>(b)</b> under Patents Claims infringed by the making, using or
111selling of Original Code, to make, have made, use, practice, sell, and
112offer for sale, and/or otherwise dispose of the Original Code (or
113portions thereof).</p>
114
115<p><b>(c) </b>the licenses granted in this Section 2.1(a) and (b) are
116effective on the date Initial Developer first distributes Original Code
117under the terms of this License.</p>
118
119<p><b>(d) </b>Notwithstanding Section 2.1(b) above, no patent license is
120granted: 1) for code that You delete from the Original Code; 2) separate
121from the Original Code; or 3) for infringements caused by: i) the
122modification of the Original Code or ii) the combination of the Original
123Code with other software or devices.</p>
124
125<h3>2.2. Contributor Grant.</h3>
126
127<p>Subject to third party intellectual property claims, each Contributor
128hereby grants You a world-wide, royalty-free, non-exclusive license</p>
129
130<p><b>(a)</b> under intellectual property rights (other than patent or
131trademark) Licensable by Contributor, to use, reproduce, modify,
132display, perform, sublicense and distribute the Modifications created by
133such Contributor (or portions thereof) either on an unmodified basis,
134with other Modifications, as Covered Code and/or as part of a Larger
135Work; and</p>
136
137<p><b>(b)</b> under Patent Claims infringed by the making, using, or
138selling of Modifications made by that Contributor either alone and/or in
139combination with its Contributor Version (or portions of such
140combination), to make, use, sell, offer for sale, have made, and/or
141otherwise dispose of: 1) Modifications made by that Contributor (or
142portions thereof); and 2) the combination of Modifications made by that
143Contributor with its Contributor Version (or portions of such
144combination).</p>
145
146<p><b>(c) </b>the licenses granted in Sections 2.2(a) and 2.2(b) are
147effective on the date Contributor first makes Commercial Use of the
148Covered Code.</p>
149
150<p><b>(d)</b> Notwithstanding Section 2.2(b) above, no patent
151license is granted: 1) for any code that Contributor has deleted from
152the Contributor Version; 2) separate from the Contributor Version; 3)
153for infringements caused by: i) third party modifications of Contributor
154Version or ii) the combination of Modifications made by that Contributor
155with other software (except as part of the Contributor Version) or other
156devices; or 4) under Patent Claims infringed by Covered Code in the
157absence of Modifications made by that Contributor.</p>
158
159
160<h2>3. Distribution Obligations</h2>
161
162<h3>3.1. Application of License.</h3>
163
164<p>The Modifications which You create or to which You contribute are
165governed by the terms of this License, including without limitation
166Section <b>2.2</b>. The Source Code version of Covered Code may be
167distributed only under the terms of this License or a future version of
168this License released under Section <b>6.1</b>, and You must include a
169copy of this License with every copy of the Source Code You
170distribute. You may not offer or impose any terms on any Source Code
171version that alters or restricts the applicable version of this License
172or the recipients' rights hereunder. However, You may include an
173additional document offering the additional rights described in Section
174<b>3.5</b>.</p>
175
176<h3>3.2. Availability of Source Code.</h3>
177
178<p>Any Modification which You create or to which You contribute must be
179made available in Source Code form under the terms of this License
180either on the same media as an Executable version or via an accepted
181Electronic Distribution Mechanism to anyone to whom you made an
182Executable version available; and if made available via Electronic
183Distribution Mechanism, must remain available for at least twelve (12)
184months after the date it initially became available, or at least six (6)
185months after a subsequent version of that particular Modification has
186been made available to such recipients. You are responsible for ensuring
187that the Source Code version remains available even if the Electronic
188Distribution Mechanism is maintained by a third party.</p>
189
190<h3>3.3. Description of Modifications.</h3>
191
192<p>You must cause all Covered Code to which You contribute to contain a
193file documenting the changes You made to create that Covered Code and
194the date of any change. You must include a prominent statement that the
195Modification is derived, directly or indirectly, from Original Code
196provided by the Initial Developer and including the name of the Initial
197Developer in (a) the Source Code, and (b) in any notice in an Executable
198version or related documentation in which You describe the origin or
199ownership of the Covered Code.</p>
200
201<h3>3.4. Intellectual Property Matters</h3>
202
203<h4>(a) Third Party Claims.</h4>
204
205<p>If Contributor has knowledge that a license under a third party's
206intellectual property rights is required to exercise the rights granted
207by such Contributor under Sections 2.1 or 2.2, Contributor must include
208a text file with the Source Code distribution titled "LEGAL" which
209describes the claim and the party making the claim in sufficient detail
210that a recipient will know whom to contact. If Contributor obtains such
211knowledge after the Modification is made available as described in
212Section 3.2, Contributor shall promptly modify the LEGAL file in all
213copies Contributor makes available thereafter and shall take other steps
214(such as notifying appropriate mailing lists or newsgroups) reasonably
215calculated to inform those who received the Covered Code that new
216knowledge has been obtained.</p>
217
218<h4>(b) Contributor APIs.</h4>
219
220<p>If Contributor's Modifications include an application programming
221interface and Contributor has knowledge of patent licenses which are
222reasonably necessary to implement that API, Contributor must also
223include this information in the LEGAL file.</p>
224
225<h4>(c) Representations.</h4>
226
227<p>Contributor represents that, except
228as disclosed pursuant to Section 3.4(a) above, Contributor believes that
229Contributor's Modifications are Contributor's original creation(s)
230and/or Contributor has sufficient rights to grant the rights conveyed by
231this License.</p>
232
233<h3>3.5.  Required Notices.</h3> 
234
235<p>You must duplicate the notice in <b>Exhibit A</b> in each file of the
236Source Code. If it is not possible to put such notice in a
237particular Source Code file due to its structure, then You must include
238such notice in a location (such as a relevant directory) where a user
239would be likely to look for such a notice. If You created one or
240more Modification(s) You may add your name as a Contributor to the
241notice described in <b>Exhibit A</b>. You must also duplicate this
242License in any documentation for the Source Code where You describe
243recipients' rights or ownership rights relating to Covered Code.
244You may choose to offer, and to charge a fee for, warranty, support,
245indemnity or liability obligations to one or more recipients of Covered
246Code. However, You may do so only on Your own behalf, and not on behalf
247of the Initial Developer or any Contributor. You must make it absolutely
248clear than any such warranty, support, indemnity or liability obligation
249is offered by You alone, and You hereby agree to indemnify the Initial
250Developer and every Contributor for any liability incurred by the
251Initial Developer or such Contributor as a result of warranty, support,
252indemnity or liability terms You offer.</p>
253
254<h3>3.6.  Distribution of Executable Versions.</h3>
255
256<p>You may distribute Covered Code in Executable form only if the
257requirements of Section <b>3.1-3.5</b> have been met for that Covered
258Code, and if You include a notice stating that the Source Code version
259of the Covered Code is available under the terms of this License,
260including a description of how and where You have fulfilled the
261obligations of Section <b>3.2</b>. The notice must be conspicuously
262included in any notice in an Executable version, related documentation
263or collateral in which You describe recipients' rights relating to the
264Covered Code. You may distribute the Executable version of Covered Code
265or ownership rights under a license of Your choice, which may contain
266terms different from this License, provided that You are in compliance
267with the terms of this License and that the license for the Executable
268version does not attempt to limit or alter the recipient's rights in the
269Source Code version from the rights set forth in this License. If You
270distribute the Executable version under a different license You must
271make it absolutely clear that any terms which differ from this License
272are offered by You alone, not by the Initial Developer or any
273Contributor. You hereby agree to indemnify the Initial Developer and
274every Contributor for any liability incurred by the Initial Developer or
275such Contributor as a result of any such terms You offer.</p>
276
277<h3>3.7. Larger Works.</h3>
278
279<p>You may create a Larger Work by combining Covered Code with other code not
280governed by the terms of this License and distribute the Larger Work as a
281single product. In such a case, You must make sure the requirements of this
282License are fulfilled for the Covered Code.</p>
283
284<h2>4. Inability to Comply Due to Statute or Regulation.</h2>
285
286<p>If it is impossible for You to comply with any of the terms of this
287License with respect to some or all of the Covered Code due to statute,
288judicial order, or regulation then You must: (a) comply with the terms
289of this License to the maximum extent possible; and (b) describe the
290limitations and the code they affect. Such description must be included
291in the LEGAL file described in Section <b>3.4</b> and must be included
292with all distributions of the Source Code. Except to the extent
293prohibited by statute or regulation, such description must be
294sufficiently detailed for a recipient of ordinary skill to be able to
295understand it.</p>
296
297
298<h2>5. Application of this License.</h2>
299
300<p>This License applies to code to which the Initial Developer has
301attached the notice in <b>Exhibit A</b> and to related Covered Code.</p>
302
303
304<h2>6. Versions of the License.</h2>
305
306<h3>6.1. New Versions</h3>
307
308<p>The Distributed Systems Technology Centre ("DSTC") may publish
309revised and/or new versions of the License from time to time. Each
310version will be given a distinguishing version number.</p>
311
312<h3>6.2.  Effect of New Versions</h3>
313
314<p>Once Covered Code has been published under a particular version of
315the License, You may always continue to use it under the terms of that
316version. You may also choose to use such Covered Code under the terms of
317any subsequent version of the License published by DSTC. No one other
318than DSTC has the right to modify the terms applicable to Covered Code
319created under this License.</p>
320
321<h3>6.3.  Derivative Works</h3>
322
323<p>If You create or use a modified version of this License (which you
324may only do in order to apply it to code which is not already Covered
325Code governed by this License), You must (a) rename Your license so that
326the phrases "DSTC", "DPL" or any confusingly similar phrase do not
327appear in your license (except to note that your license differs from
328this License) and (b) otherwise make it clear that Your version of the
329license contains terms which differ from the DSTC Public
330License. (Filling in the name of the Initial Developer, Original Code or
331Contributor in the notice described in <b>Exhibit A</b> shall not of
332themselves be deemed to be modifications of this License.)</p>
333
334<h2>7. Disclaimer of Warranty.</h2>
335
336<p>COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
337WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
338WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS,
339MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE
340RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH
341YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT
342THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
343NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
344CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
345CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.</p>
346
347
348<h2>8. Termination.</h2>
349
350<p><b>8.1. </b>This License and the rights granted hereunder will
351terminate automatically if You fail to comply with terms herein and fail
352to cure such breach within 30 days of becoming aware of the breach. All
353sublicenses to the Covered Code which are properly granted shall survive
354any termination of this License. Provisions which, by their nature, must
355remain in effect beyond the termination of this License shall
356survive.</p>
357
358<p><b>8.2.
359</b>If You initiate
360litigation by asserting a patent infringement claim (excluding declatory
361judgment actions) against Initial Developer or a Contributor (the Initial
362Developer or Contributor against whom You file such action is referred to as
363'Participant') alleging that:</p>
364
365<p><b>(a) </b>such Participant's Contributor Version directly or
366indirectly infringes any patent, then any and all rights granted by such
367Participant to You under Sections 2.1 and/or 2.2 of this License shall,
368upon 60 days notice from Participant terminate prospectively, unless if
369within 60 days after receipt of notice You either: (i) agree in writing
370to pay Participant a mutually agreeable reasonable royalty for Your past
371and future use of Modifications made by such Participant, or (ii)
372withdraw Your litigation claim with respect to the Contributor Version
373against such Participant. If within 60 days of notice, a reasonable
374royalty and payment arrangement are not mutually agreed upon in writing
375by the parties or the litigation claim is not withdrawn, the rights
376granted by Participant to You under Sections 2.1 and/or 2.2
377automatically terminate at the expiration of the 60 day notice period
378specified above.</p>
379
380<p><b>(b)</b> any software, hardware, or device, other than such
381Participant's Contributor Version, directly or indirectly infringes any
382patent, then any rights granted to You by such Participant under
383Sections 2.1(b) and 2.2(b) are revoked effective as of the date You
384first made, used, sold, distributed, or had made, Modifications made by
385that Participant.</p>
386
387<p><b>8.3.
388</b>If You assert a patent
389infringement claim against Participant alleging that such Participant's
390Contributor Version directly or indirectly infringes any patent where such
391claim is resolved (such as by license or settlement) prior to the initiation of
392patent infringement litigation, then the reasonable value of the licenses
393granted by such Participant under Sections 2.1 or 2.2 shall be taken into
394account in determining the amount or value of any payment or license.</p>
395
396<p><b>8.4.</b> In the event of termination under
397Sections 8.1 or 8.2 above, all end user license agreements (excluding
398distributors and resellers) which have been validly granted by You or any
399distributor hereunder prior to termination shall survive termination.</p>
400
401<h2>9. Limitation of Liability.</h2>
402
403<p>UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
404(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
405DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR
406ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
407INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
408INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
409STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
410COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
411INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
412LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
413RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
414PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
415OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION
416AND LIMITATION MAY NOT APPLY TO YOU.</p>
417
418<h2>10. U.S. Government End Users.</h2>
419
420<p>The Covered Code is a "commercial item," as that term is defined in
42148 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
422software" and "commercial computer software documentation," as such
423terms are used in 48 C.F.R. 12.212 (Sept.  1995). Consistent with 48
424C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
425all U.S. Government End Users acquire Covered Code with only those
426rights set forth herein.</p>
427
428
429<h2>11. Miscellaneous.</h2>
430
431<p>This License represents the complete agreement concerning subject
432matter hereof. If any provision of this License is held to be
433unenforceable, such provision shall be reformed only to the extent
434necessary to make it enforceable. This License shall be governed by
435Queensland, Australia law provisions (except to the extent applicable
436law, if any, provides otherwise), excluding its conflict-of-law
437provisions. With respect to disputes in which at least one party is a
438citizen of, or an entity chartered or registered to do business in
439Australia, any litigation relating to this License shall be subject to
440the jurisdiction of Australian Courts, with the losing party responsible
441for costs, including without limitation, court costs and reasonable
442attorneys' fees and expenses. The application of the United Nations
443Convention on Contracts for the International Sale of Goods is expressly
444excluded. Any law or regulation which provides that the language of a
445contract shall be construed against the drafter shall not apply to this
446License.</p>
447
448
449<h2>12. Responsibility for Claims.</h2>
450
451<p>As between Initial Developer and the Contributors, each party is
452responsible for claims and damages arising, directly or indirectly, out
453of its utilization of rights under this License and You agree to work
454with Initial Developer and Contributors to distribute such
455responsibility on an equitable basis. Nothing herein is intended or
456shall be deemed to constitute any admission of liability.</p>
457
458
459<h2>13. Multiple-licensed Code.</h2>
460
461<p>Initial Developer may designate portions of the Covered Code as
462"Multiple-Licensed". "Multiple-Licensed" means that the Initial
463Developer permits you to utilize portions of the Covered Code under Your
464choice of the DPL or the alternative licenses, if any, specified by the
465Initial Developer in the file described in Exhibit A.</p>
466
467
468<h2>14. High Risk Activities.</h2>
469
470<p>The Software is not fault-tolerant and is not designed, manufactured
471or intended for use or resale as on-line control equipment in hazardous
472environments requiring fail-safe performance, such as in the operation
473of nuclear facilities, aircraft navigation or communication systems, air
474traffic control, direct life support machines, or weapons systems, in
475which the failure of the Software could lead directly to death, personal
476injury, or severe physical or environmental damage ("High Risk
477Activities").</p>
478
479
480<h2>EXHIBIT A - DSTC Public License.</h2>
481
482<p>The contents of this file are subject to the DSTC Public License
483Version 1.1 (the 'License'); you may not use this file except in
484compliance with the License.</p>
485
486<p>Software distributed under the License is distributed on an 'AS IS'
487basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
488License for the specific language governing rights and limitations under
489the License.</p>
490
491<p>The Original Code is ______________________________________.</p>
492
493<p>The Initial Developer of the Original Code is
494________________________. Portions created by ______________________ are
495Copyright &copy; _____________________________.  All Rights
496Reserved.</p>
497
498<p>Contributor(s): ______________________________________.</p>
499
500<p>Alternatively, the contents of this file may be used under the terms
501of the _____ license (the "[___] License"), in which case the provisions
502of [______] License are applicable instead of those above.  If you wish
503to allow use of your version of this file only under the terms of the
504[____] License and not to allow others to use your version of this file
505under the DPL, indicate your decision by deleting the provisions above
506and replace them with the notice and other provisions required by the
507[___] License.  If you do not delete the provisions above, a recipient
508may use your version of this file under either the DPL or the [___]
509License.'</p>
510
511<p>[NOTE: The text of this Exhibit A may differ slightly from the text
512of the notices in the Source Code files of the Original Code. You should
513use the text of this Exhibit A rather than the text found in the
514Original Code Source Code for Your Modifications.]</p>
515
516</body>
517
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