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| 5 | <title>DSTC Public License</title> |
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| 8 | <body> |
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| 9 | <h1>DSTC Public License (DPL)</h1> |
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| 10 | <p>Version 1.1</p> |
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| 11 | |
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| 12 | <h2>1. Definitions.</h2> |
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| 13 | |
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| 14 | <p><b>1.0.1. "Commercial Use" </b>means distribution or otherwise making |
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| 15 | the Covered Code available to a third party.</p> |
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| 16 | |
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| 17 | <p><b>1.1. "Contributor"</b> means each entity that creates or |
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| 18 | contributes to the creation of Modifications.</p> |
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| 19 | |
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| 20 | <p><b>1.2. "Contributor Version"</b> means the combination of the |
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| 21 | Original Code, prior Modifications used by a Contributor, and the |
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| 22 | Modifications made by that particular Contributor.</p> |
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| 23 | |
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| 24 | <p><b>1.3. "Covered Code"</b> means the Original Code or |
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| 25 | Modifications or the combination of the Original Code and Modifications, |
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| 26 | in each case including portions thereof<b>.</b></p> |
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| 27 | |
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| 28 | <p><b>1.4. "Electronic Distribution Mechanism"</b> means a mechanism |
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| 29 | generally accepted in the software development community for the |
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| 30 | electronic transfer of data.</p> |
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| 31 | |
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| 32 | <p><b>1.5. "Executable"</b> means Covered Code in any form other than |
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| 33 | Source Code.</p> |
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| 34 | |
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| 35 | <p><b>1.6. "Initial Developer"</b> means the individual or entity |
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| 36 | identified as the Initial Developer in the Source Code notice required |
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| 37 | by <b>Exhibit A</b>.</p> |
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| 38 | |
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| 39 | <p><b>1.7. "Larger Work"</b> means a work which combines Covered Code |
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| 40 | or portions thereof with code not governed by the terms of this |
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| 41 | License.</p> |
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| 42 | |
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| 43 | <p><b>1.8. "License"</b> means this document.</p> |
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| 44 | |
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| 45 | <p><b>1.8.1. "Licensable"</b> means having the right to grant, to the |
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| 46 | maximum extent possible, whether at the time of the initial grant or |
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| 47 | subsequently acquired, any and all of the rights conveyed herein.</p> |
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| 48 | |
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| 49 | <p><b>1.9. "Modifications"</b> means any addition to or deletion from |
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| 50 | the substance or structure of either the Original Code or any previous |
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| 51 | Modifications. When Covered Code is released as a series of files, a |
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| 52 | Modification is:</p> |
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| 53 | |
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| 54 | <ul> |
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| 55 | <li><b>A.</b> Any addition to or |
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| 56 | deletion from the contents of a file containing Original Code or previous |
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| 57 | Modifications.</li> |
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| 58 | |
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| 59 | <li><b>B.</b> Any new file that contains any part of the Original Code |
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| 60 | or previous Modifications.</li> |
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| 61 | </ul> |
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| 62 | |
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| 63 | |
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| 64 | <p><b>1.10. "Original Code"</b> |
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| 65 | means Source Code of computer software code which is described in the Source |
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| 66 | Code notice required by <b>Exhibit A</b> as Original Code, and which, at the |
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| 67 | time of its release under this License is not already Covered Code governed by |
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| 68 | this License.</p> |
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| 69 | |
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| 70 | <p><b>1.10.1. "Patent Claims"</b> means any patent claim(s), now owned |
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| 71 | or hereafter acquired, including without limitation, method, process, |
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| 72 | and apparatus claims, in any patent Licensable by grantor.</p> |
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| 73 | |
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| 74 | <p><b>1.11. "Source Code"</b> means the preferred form of the Covered |
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| 75 | Code for making modifications to it, including all modules it contains, |
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| 76 | plus any associated interface definition files, scripts used to control |
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| 77 | compilation and installation of an Executable, or source code |
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| 78 | differential comparisons against either the Original Code or another |
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| 79 | well known, available Covered Code of the Contributor's choice. The |
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| 80 | Source Code can be in a compressed or archival form, provided the |
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| 81 | appropriate decompression or de-archiving software is widely available |
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| 82 | for no charge.</p> |
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| 83 | |
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| 84 | <p><b>1.12. "You" (or "Your")</b> means an individual or a legal |
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| 85 | entity exercising rights under, and complying with all of the terms of, |
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| 86 | this License or a future version of this License issued under Section |
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| 87 | 6.1. For legal entities, "You" includes any entity which controls, is |
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| 88 | controlled by, or is under common control with You. For purposes of this |
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| 89 | definition, "control" means (a) the power, direct or indirect, to cause |
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| 90 | the direction or management of such entity, whether by contract or |
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| 91 | otherwise, or (b) ownership of more than fifty percent (50%) of the |
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| 92 | outstanding shares or beneficial ownership of such |
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| 93 | entity.</p> |
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| 94 | |
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| 95 | |
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| 96 | <h2>2. Source Code License.</h2> |
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| 97 | |
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| 98 | <h3>2.1. The Initial Developer Grant.</h3> |
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| 99 | |
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| 100 | <p>The Initial Developer hereby grants You a world-wide, royalty-free, |
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| 101 | non-exclusive license, subject to third party intellectual property |
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| 102 | claims:</p> |
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| 103 | |
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| 104 | <p><b>(a)</b> under intellectual property rights (other than patent or |
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| 105 | trademark) Licensable by Initial Developer to use, reproduce, modify, |
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| 106 | display, perform, sublicense and distribute the Original Code (or |
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| 107 | portions thereof) with or without Modifications, and/or as part of a |
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| 108 | Larger Work; and</p> |
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| 109 | |
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| 110 | <p><b>(b)</b> under Patents Claims infringed by the making, using or |
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| 111 | selling of Original Code, to make, have made, use, practice, sell, and |
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| 112 | offer for sale, and/or otherwise dispose of the Original Code (or |
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| 113 | portions thereof).</p> |
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| 114 | |
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| 115 | <p><b>(c) </b>the licenses granted in this Section 2.1(a) and (b) are |
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| 116 | effective on the date Initial Developer first distributes Original Code |
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| 117 | under the terms of this License.</p> |
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| 118 | |
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| 119 | <p><b>(d) </b>Notwithstanding Section 2.1(b) above, no patent license is |
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| 120 | granted: 1) for code that You delete from the Original Code; 2) separate |
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| 121 | from the Original Code; or 3) for infringements caused by: i) the |
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| 122 | modification of the Original Code or ii) the combination of the Original |
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| 123 | Code with other software or devices.</p> |
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| 124 | |
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| 125 | <h3>2.2. Contributor Grant.</h3> |
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| 126 | |
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| 127 | <p>Subject to third party intellectual property claims, each Contributor |
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| 128 | hereby grants You a world-wide, royalty-free, non-exclusive license</p> |
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| 129 | |
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| 130 | <p><b>(a)</b> under intellectual property rights (other than patent or |
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| 131 | trademark) Licensable by Contributor, to use, reproduce, modify, |
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| 132 | display, perform, sublicense and distribute the Modifications created by |
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| 133 | such Contributor (or portions thereof) either on an unmodified basis, |
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| 134 | with other Modifications, as Covered Code and/or as part of a Larger |
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| 135 | Work; and</p> |
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| 136 | |
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| 137 | <p><b>(b)</b> under Patent Claims infringed by the making, using, or |
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| 138 | selling of Modifications made by that Contributor either alone and/or in |
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| 139 | combination with its Contributor Version (or portions of such |
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| 140 | combination), to make, use, sell, offer for sale, have made, and/or |
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| 141 | otherwise dispose of: 1) Modifications made by that Contributor (or |
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| 142 | portions thereof); and 2) the combination of Modifications made by that |
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| 143 | Contributor with its Contributor Version (or portions of such |
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| 144 | combination).</p> |
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| 145 | |
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| 146 | <p><b>(c) </b>the licenses granted in Sections 2.2(a) and 2.2(b) are |
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| 147 | effective on the date Contributor first makes Commercial Use of the |
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| 148 | Covered Code.</p> |
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| 149 | |
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| 150 | <p><b>(d)</b> Notwithstanding Section 2.2(b) above, no patent |
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| 151 | license is granted: 1) for any code that Contributor has deleted from |
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| 152 | the Contributor Version; 2) separate from the Contributor Version; 3) |
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| 153 | for infringements caused by: i) third party modifications of Contributor |
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| 154 | Version or ii) the combination of Modifications made by that Contributor |
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| 155 | with other software (except as part of the Contributor Version) or other |
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| 156 | devices; or 4) under Patent Claims infringed by Covered Code in the |
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| 157 | absence of Modifications made by that Contributor.</p> |
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| 158 | |
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| 159 | |
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| 160 | <h2>3. Distribution Obligations</h2> |
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| 161 | |
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| 162 | <h3>3.1. Application of License.</h3> |
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| 163 | |
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| 164 | <p>The Modifications which You create or to which You contribute are |
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| 165 | governed by the terms of this License, including without limitation |
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| 166 | Section <b>2.2</b>. The Source Code version of Covered Code may be |
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| 167 | distributed only under the terms of this License or a future version of |
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| 168 | this License released under Section <b>6.1</b>, and You must include a |
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| 169 | copy of this License with every copy of the Source Code You |
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| 170 | distribute. You may not offer or impose any terms on any Source Code |
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| 171 | version that alters or restricts the applicable version of this License |
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| 172 | or the recipients' rights hereunder. However, You may include an |
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| 173 | additional document offering the additional rights described in Section |
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| 174 | <b>3.5</b>.</p> |
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| 175 | |
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| 176 | <h3>3.2. Availability of Source Code.</h3> |
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| 177 | |
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| 178 | <p>Any Modification which You create or to which You contribute must be |
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| 179 | made available in Source Code form under the terms of this License |
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| 180 | either on the same media as an Executable version or via an accepted |
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| 181 | Electronic Distribution Mechanism to anyone to whom you made an |
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| 182 | Executable version available; and if made available via Electronic |
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| 183 | Distribution Mechanism, must remain available for at least twelve (12) |
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| 184 | months after the date it initially became available, or at least six (6) |
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| 185 | months after a subsequent version of that particular Modification has |
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| 186 | been made available to such recipients. You are responsible for ensuring |
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| 187 | that the Source Code version remains available even if the Electronic |
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| 188 | Distribution Mechanism is maintained by a third party.</p> |
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| 189 | |
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| 190 | <h3>3.3. Description of Modifications.</h3> |
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| 191 | |
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| 192 | <p>You must cause all Covered Code to which You contribute to contain a |
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| 193 | file documenting the changes You made to create that Covered Code and |
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| 194 | the date of any change. You must include a prominent statement that the |
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| 195 | Modification is derived, directly or indirectly, from Original Code |
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| 196 | provided by the Initial Developer and including the name of the Initial |
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| 197 | Developer in (a) the Source Code, and (b) in any notice in an Executable |
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| 198 | version or related documentation in which You describe the origin or |
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| 199 | ownership of the Covered Code.</p> |
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| 200 | |
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| 201 | <h3>3.4. Intellectual Property Matters</h3> |
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| 202 | |
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| 203 | <h4>(a) Third Party Claims.</h4> |
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| 204 | |
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| 205 | <p>If Contributor has knowledge that a license under a third party's |
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| 206 | intellectual property rights is required to exercise the rights granted |
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| 207 | by such Contributor under Sections 2.1 or 2.2, Contributor must include |
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| 208 | a text file with the Source Code distribution titled "LEGAL" which |
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| 209 | describes the claim and the party making the claim in sufficient detail |
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| 210 | that a recipient will know whom to contact. If Contributor obtains such |
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| 211 | knowledge after the Modification is made available as described in |
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| 212 | Section 3.2, Contributor shall promptly modify the LEGAL file in all |
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| 213 | copies Contributor makes available thereafter and shall take other steps |
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| 214 | (such as notifying appropriate mailing lists or newsgroups) reasonably |
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| 215 | calculated to inform those who received the Covered Code that new |
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| 216 | knowledge has been obtained.</p> |
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| 217 | |
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| 218 | <h4>(b) Contributor APIs.</h4> |
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| 219 | |
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| 220 | <p>If Contributor's Modifications include an application programming |
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| 221 | interface and Contributor has knowledge of patent licenses which are |
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| 222 | reasonably necessary to implement that API, Contributor must also |
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| 223 | include this information in the LEGAL file.</p> |
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| 224 | |
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| 225 | <h4>(c) Representations.</h4> |
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| 226 | |
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| 227 | <p>Contributor represents that, except |
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| 228 | as disclosed pursuant to Section 3.4(a) above, Contributor believes that |
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| 229 | Contributor's Modifications are Contributor's original creation(s) |
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| 230 | and/or Contributor has sufficient rights to grant the rights conveyed by |
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| 231 | this License.</p> |
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| 232 | |
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| 233 | <h3>3.5. Required Notices.</h3> |
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| 234 | |
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| 235 | <p>You must duplicate the notice in <b>Exhibit A</b> in each file of the |
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| 236 | Source Code. If it is not possible to put such notice in a |
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| 237 | particular Source Code file due to its structure, then You must include |
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| 238 | such notice in a location (such as a relevant directory) where a user |
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| 239 | would be likely to look for such a notice. If You created one or |
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| 240 | more Modification(s) You may add your name as a Contributor to the |
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| 241 | notice described in <b>Exhibit A</b>. You must also duplicate this |
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| 242 | License in any documentation for the Source Code where You describe |
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| 243 | recipients' rights or ownership rights relating to Covered Code. |
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| 244 | You may choose to offer, and to charge a fee for, warranty, support, |
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| 245 | indemnity or liability obligations to one or more recipients of Covered |
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| 246 | Code. However, You may do so only on Your own behalf, and not on behalf |
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| 247 | of the Initial Developer or any Contributor. You must make it absolutely |
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| 248 | clear than any such warranty, support, indemnity or liability obligation |
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| 249 | is offered by You alone, and You hereby agree to indemnify the Initial |
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| 250 | Developer and every Contributor for any liability incurred by the |
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| 251 | Initial Developer or such Contributor as a result of warranty, support, |
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| 252 | indemnity or liability terms You offer.</p> |
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| 253 | |
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| 254 | <h3>3.6. Distribution of Executable Versions.</h3> |
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| 255 | |
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| 256 | <p>You may distribute Covered Code in Executable form only if the |
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| 257 | requirements of Section <b>3.1-3.5</b> have been met for that Covered |
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| 258 | Code, and if You include a notice stating that the Source Code version |
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| 259 | of the Covered Code is available under the terms of this License, |
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| 260 | including a description of how and where You have fulfilled the |
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| 261 | obligations of Section <b>3.2</b>. The notice must be conspicuously |
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| 262 | included in any notice in an Executable version, related documentation |
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| 263 | or collateral in which You describe recipients' rights relating to the |
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| 264 | Covered Code. You may distribute the Executable version of Covered Code |
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| 265 | or ownership rights under a license of Your choice, which may contain |
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| 266 | terms different from this License, provided that You are in compliance |
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| 267 | with the terms of this License and that the license for the Executable |
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| 268 | version does not attempt to limit or alter the recipient's rights in the |
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| 269 | Source Code version from the rights set forth in this License. If You |
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| 270 | distribute the Executable version under a different license You must |
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| 271 | make it absolutely clear that any terms which differ from this License |
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| 272 | are offered by You alone, not by the Initial Developer or any |
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| 273 | Contributor. You hereby agree to indemnify the Initial Developer and |
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| 274 | every Contributor for any liability incurred by the Initial Developer or |
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| 275 | such Contributor as a result of any such terms You offer.</p> |
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| 276 | |
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| 277 | <h3>3.7. Larger Works.</h3> |
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| 278 | |
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| 279 | <p>You may create a Larger Work by combining Covered Code with other code not |
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| 280 | governed by the terms of this License and distribute the Larger Work as a |
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| 281 | single product. In such a case, You must make sure the requirements of this |
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| 282 | License are fulfilled for the Covered Code.</p> |
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| 283 | |
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| 284 | <h2>4. Inability to Comply Due to Statute or Regulation.</h2> |
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| 285 | |
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| 286 | <p>If it is impossible for You to comply with any of the terms of this |
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| 287 | License with respect to some or all of the Covered Code due to statute, |
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| 288 | judicial order, or regulation then You must: (a) comply with the terms |
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| 289 | of this License to the maximum extent possible; and (b) describe the |
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| 290 | limitations and the code they affect. Such description must be included |
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| 291 | in the LEGAL file described in Section <b>3.4</b> and must be included |
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| 292 | with all distributions of the Source Code. Except to the extent |
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| 293 | prohibited by statute or regulation, such description must be |
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| 294 | sufficiently detailed for a recipient of ordinary skill to be able to |
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| 295 | understand it.</p> |
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| 296 | |
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| 297 | |
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| 298 | <h2>5. Application of this License.</h2> |
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| 299 | |
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| 300 | <p>This License applies to code to which the Initial Developer has |
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| 301 | attached the notice in <b>Exhibit A</b> and to related Covered Code.</p> |
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| 302 | |
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| 303 | |
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| 304 | <h2>6. Versions of the License.</h2> |
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| 305 | |
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| 306 | <h3>6.1. New Versions</h3> |
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| 307 | |
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| 308 | <p>The Distributed Systems Technology Centre ("DSTC") may publish |
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| 309 | revised and/or new versions of the License from time to time. Each |
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| 310 | version will be given a distinguishing version number.</p> |
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| 311 | |
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| 312 | <h3>6.2. Effect of New Versions</h3> |
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| 313 | |
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| 314 | <p>Once Covered Code has been published under a particular version of |
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| 315 | the License, You may always continue to use it under the terms of that |
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| 316 | version. You may also choose to use such Covered Code under the terms of |
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| 317 | any subsequent version of the License published by DSTC. No one other |
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| 318 | than DSTC has the right to modify the terms applicable to Covered Code |
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| 319 | created under this License.</p> |
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| 320 | |
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| 321 | <h3>6.3. Derivative Works</h3> |
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| 322 | |
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| 323 | <p>If You create or use a modified version of this License (which you |
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| 324 | may only do in order to apply it to code which is not already Covered |
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| 325 | Code governed by this License), You must (a) rename Your license so that |
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| 326 | the phrases "DSTC", "DPL" or any confusingly similar phrase do not |
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| 327 | appear in your license (except to note that your license differs from |
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| 328 | this License) and (b) otherwise make it clear that Your version of the |
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| 329 | license contains terms which differ from the DSTC Public |
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| 330 | License. (Filling in the name of the Initial Developer, Original Code or |
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| 331 | Contributor in the notice described in <b>Exhibit A</b> shall not of |
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| 332 | themselves be deemed to be modifications of this License.)</p> |
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| 333 | |
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| 334 | <h2>7. Disclaimer of Warranty.</h2> |
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| 335 | |
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| 336 | <p>COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, |
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| 337 | WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, |
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| 338 | WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, |
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| 339 | MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE |
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| 340 | RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH |
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| 341 | YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT |
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| 342 | THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY |
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| 343 | NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY |
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| 344 | CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED |
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| 345 | CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.</p> |
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| 346 | |
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| 347 | |
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| 348 | <h2>8. Termination.</h2> |
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| 349 | |
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| 350 | <p><b>8.1. </b>This License and the rights granted hereunder will |
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| 351 | terminate automatically if You fail to comply with terms herein and fail |
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| 352 | to cure such breach within 30 days of becoming aware of the breach. All |
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| 353 | sublicenses to the Covered Code which are properly granted shall survive |
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| 354 | any termination of this License. Provisions which, by their nature, must |
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| 355 | remain in effect beyond the termination of this License shall |
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| 356 | survive.</p> |
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| 357 | |
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| 358 | <p><b>8.2. |
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| 359 | </b>If You initiate |
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| 360 | litigation by asserting a patent infringement claim (excluding declatory |
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| 361 | judgment actions) against Initial Developer or a Contributor (the Initial |
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| 362 | Developer or Contributor against whom You file such action is referred to as |
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| 363 | 'Participant') alleging that:</p> |
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| 364 | |
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| 365 | <p><b>(a) </b>such Participant's Contributor Version directly or |
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| 366 | indirectly infringes any patent, then any and all rights granted by such |
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| 367 | Participant to You under Sections 2.1 and/or 2.2 of this License shall, |
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| 368 | upon 60 days notice from Participant terminate prospectively, unless if |
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| 369 | within 60 days after receipt of notice You either: (i) agree in writing |
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| 370 | to pay Participant a mutually agreeable reasonable royalty for Your past |
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| 371 | and future use of Modifications made by such Participant, or (ii) |
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| 372 | withdraw Your litigation claim with respect to the Contributor Version |
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| 373 | against such Participant. If within 60 days of notice, a reasonable |
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| 374 | royalty and payment arrangement are not mutually agreed upon in writing |
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| 375 | by the parties or the litigation claim is not withdrawn, the rights |
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| 376 | granted by Participant to You under Sections 2.1 and/or 2.2 |
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| 377 | automatically terminate at the expiration of the 60 day notice period |
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| 378 | specified above.</p> |
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| 379 | |
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| 380 | <p><b>(b)</b> any software, hardware, or device, other than such |
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| 381 | Participant's Contributor Version, directly or indirectly infringes any |
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| 382 | patent, then any rights granted to You by such Participant under |
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| 383 | Sections 2.1(b) and 2.2(b) are revoked effective as of the date You |
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| 384 | first made, used, sold, distributed, or had made, Modifications made by |
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| 385 | that Participant.</p> |
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| 386 | |
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| 387 | <p><b>8.3. |
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| 388 | </b>If You assert a patent |
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| 389 | infringement claim against Participant alleging that such Participant's |
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| 390 | Contributor Version directly or indirectly infringes any patent where such |
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| 391 | claim is resolved (such as by license or settlement) prior to the initiation of |
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| 392 | patent infringement litigation, then the reasonable value of the licenses |
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| 393 | granted by such Participant under Sections 2.1 or 2.2 shall be taken into |
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| 394 | account in determining the amount or value of any payment or license.</p> |
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| 395 | |
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| 396 | <p><b>8.4.</b> In the event of termination under |
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| 397 | Sections 8.1 or 8.2 above, all end user license agreements (excluding |
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| 398 | distributors and resellers) which have been validly granted by You or any |
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| 399 | distributor hereunder prior to termination shall survive termination.</p> |
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| 400 | |
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| 401 | <h2>9. Limitation of Liability.</h2> |
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| 402 | |
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| 403 | <p>UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT |
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| 404 | (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL |
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| 405 | DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR |
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| 406 | ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY |
|---|
| 407 | INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER |
|---|
| 408 | INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK |
|---|
| 409 | STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER |
|---|
| 410 | COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN |
|---|
| 411 | INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF |
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| 412 | LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY |
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| 413 | RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW |
|---|
| 414 | PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION |
|---|
| 415 | OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION |
|---|
| 416 | AND LIMITATION MAY NOT APPLY TO YOU.</p> |
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| 417 | |
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| 418 | <h2>10. U.S. Government End Users.</h2> |
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| 419 | |
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| 420 | <p>The Covered Code is a "commercial item," as that term is defined in |
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| 421 | 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer |
|---|
| 422 | software" and "commercial computer software documentation," as such |
|---|
| 423 | terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 |
|---|
| 424 | C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), |
|---|
| 425 | all U.S. Government End Users acquire Covered Code with only those |
|---|
| 426 | rights set forth herein.</p> |
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| 427 | |
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| 428 | |
|---|
| 429 | <h2>11. Miscellaneous.</h2> |
|---|
| 430 | |
|---|
| 431 | <p>This License represents the complete agreement concerning subject |
|---|
| 432 | matter hereof. If any provision of this License is held to be |
|---|
| 433 | unenforceable, such provision shall be reformed only to the extent |
|---|
| 434 | necessary to make it enforceable. This License shall be governed by |
|---|
| 435 | Queensland, Australia law provisions (except to the extent applicable |
|---|
| 436 | law, if any, provides otherwise), excluding its conflict-of-law |
|---|
| 437 | provisions. With respect to disputes in which at least one party is a |
|---|
| 438 | citizen of, or an entity chartered or registered to do business in |
|---|
| 439 | Australia, any litigation relating to this License shall be subject to |
|---|
| 440 | the jurisdiction of Australian Courts, with the losing party responsible |
|---|
| 441 | for costs, including without limitation, court costs and reasonable |
|---|
| 442 | attorneys' fees and expenses. The application of the United Nations |
|---|
| 443 | Convention on Contracts for the International Sale of Goods is expressly |
|---|
| 444 | excluded. Any law or regulation which provides that the language of a |
|---|
| 445 | contract shall be construed against the drafter shall not apply to this |
|---|
| 446 | License.</p> |
|---|
| 447 | |
|---|
| 448 | |
|---|
| 449 | <h2>12. Responsibility for Claims.</h2> |
|---|
| 450 | |
|---|
| 451 | <p>As between Initial Developer and the Contributors, each party is |
|---|
| 452 | responsible for claims and damages arising, directly or indirectly, out |
|---|
| 453 | of its utilization of rights under this License and You agree to work |
|---|
| 454 | with Initial Developer and Contributors to distribute such |
|---|
| 455 | responsibility on an equitable basis. Nothing herein is intended or |
|---|
| 456 | shall 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 |
|---|
| 463 | Developer permits you to utilize portions of the Covered Code under Your |
|---|
| 464 | choice of the DPL or the alternative licenses, if any, specified by the |
|---|
| 465 | Initial 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 |
|---|
| 471 | or intended for use or resale as on-line control equipment in hazardous |
|---|
| 472 | environments requiring fail-safe performance, such as in the operation |
|---|
| 473 | of nuclear facilities, aircraft navigation or communication systems, air |
|---|
| 474 | traffic control, direct life support machines, or weapons systems, in |
|---|
| 475 | which the failure of the Software could lead directly to death, personal |
|---|
| 476 | injury, or severe physical or environmental damage ("High Risk |
|---|
| 477 | Activities").</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 |
|---|
| 483 | Version 1.1 (the 'License'); you may not use this file except in |
|---|
| 484 | compliance with the License.</p> |
|---|
| 485 | |
|---|
| 486 | <p>Software distributed under the License is distributed on an 'AS IS' |
|---|
| 487 | basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the |
|---|
| 488 | License for the specific language governing rights and limitations under |
|---|
| 489 | the 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 |
|---|
| 495 | Copyright © _____________________________. All Rights |
|---|
| 496 | Reserved.</p> |
|---|
| 497 | |
|---|
| 498 | <p>Contributor(s): ______________________________________.</p> |
|---|
| 499 | |
|---|
| 500 | <p>Alternatively, the contents of this file may be used under the terms |
|---|
| 501 | of the _____ license (the "[___] License"), in which case the provisions |
|---|
| 502 | of [______] License are applicable instead of those above. If you wish |
|---|
| 503 | to 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 |
|---|
| 505 | under the DPL, indicate your decision by deleting the provisions above |
|---|
| 506 | and replace them with the notice and other provisions required by the |
|---|
| 507 | [___] License. If you do not delete the provisions above, a recipient |
|---|
| 508 | may use your version of this file under either the DPL or the [___] |
|---|
| 509 | License.'</p> |
|---|
| 510 | |
|---|
| 511 | <p>[NOTE: The text of this Exhibit A may differ slightly from the text |
|---|
| 512 | of the notices in the Source Code files of the Original Code. You should |
|---|
| 513 | use the text of this Exhibit A rather than the text found in the |
|---|
| 514 | Original Code Source Code for Your Modifications.]</p> |
|---|
| 515 | |
|---|
| 516 | </body> |
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| 517 | |
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| 518 | </html> |
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| 519 | |
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