The boinc-1.0 License

boinc-1.0 (text/plain), 18.05 KB, created by Tony Murray on 2004-11-05 01:16:03 UTC

                           BOINC PUBLIC LICENSE
                                Version 1.0

                              ----------------

1. Definitions.

     1.1. ``Contributor'' means each entity that creates or contributes to
     the creation of Modifications.

     1.2. ``Contributor Version'' means the combination of the Original
     Code, prior Modifications used by a Contributor, and the Modifications
     made by that particular Contributor.

     1.3. ``Covered Code'' means the Original Code or Modifications or the
     combination of the Original Code and Modifications, in each case
     including portions thereof.

     1.4. ``Electronic Distribution Mechanism'' means a mechanism generally
     accepted in the software development community for the electronic
     transfer of data.

     1.5. ``Executable'' means Covered Code in any form other than Source
     Code.

     1.6. ``Initial Developer'' means the individual or entity identified as
     the Initial Developer in the Source Code notice required by Exhibit A.

     1.7. ``Larger Work'' means a work which combines Covered Code or
     portions thereof with code not governed by the terms of this License.

     1.8. ``License'' means this document.

     1.9. ``Modifications'' means any addition to or deletion from the
     substance or structure of either the Original Code or any previous
     Modifications. When Covered Code is released as a series of files, a
     Modification is:

          A. Any addition to or deletion from the contents of a file
          containing Original Code or previous Modifications.

          B. Any new file that contains any part of the Original Code or
          previous Modifications.

     1.10. ``Original Code'' means Source Code of computer software code
     which is described in the Source Code notice required by Exhibit A as
     Original Code, and which, at the time of its release under this License
     is not already Covered Code governed by this License.

     1.11. ``Source Code'' means the preferred form of the Covered Code for
     making modifications to it, including all modules it contains, plus any
     associated interface definition files, scripts used to control
     compilation and installation of an Executable, or 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.

     1.12. ``You'' 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.

2. Source Code License.

     2.1. The Initial Developer Grant.
     Subject to the restrictions on commercial use set forth below,
     the Initial Developer hereby grants You a world-wide, royalty-free,
     non-exclusive license, subject to third party intellectual property
     claims:

          (a) 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,
          provided, however, that You are not permitted under said license
          to create, sell, or distribute commercial products
          based on the Source Code; and

          (b) Subject to the restrictions on commercial use
          set forth in subsection 2.1(a),
          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.

     2.2. Contributor Grant.
     Subject to the restrictions on commercial use set forth below,
     each Contributor hereby grants You a world-wide, royalty-free,
     non-exclusive license, subject to third party intellectual property
     claims:

          (a) 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,
          provided, however, that You are not permitted under said license
          to create, sell, or distribute commercial products
          based on the Source Code; and

          (b) Subject to the restrictions on commercial use
          set forth in subsection 2.2(a),
          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.

3. Distribution Obligations.

     3.1. Application of License.
     The Modifications which You create or to which You contribute are
     governed by the terms of this License, including without limitation
     Section 2.2. The Source Code version of Covered Code may be distributed
     only under the terms of this License or a future version of this
     License released under Section 6.1, and You must include a copy of this
     License with every copy of the Source Code You distribute. You may not
     offer or impose any terms on any Source Code version that alters or
     restricts the applicable version of this License or the recipients'
     rights hereunder. However, You may include an additional document
     offering the additional rights described in Section 3.5.

     3.2. Availability of Source Code.
     Any Modification which You create or to which You contribute must be
     made available in Source Code form under the terms of this License
     either on the same media as an Executable version or via an accepted
     Electronic Distribution Mechanism to anyone to whom you made an
     Executable version available; and if made available via Electronic
     Distribution Mechanism, must remain available for at least twelve (12)
     months after the date it initially became available, or at least six
     (6) months after a subsequent version of that particular Modification
     has been made available to such recipients. You are responsible for
     ensuring that the Source Code version remains available even if the
     Electronic Distribution Mechanism is maintained by a third party.

     3.3. Description of Modifications.
     You must cause all Covered Code to which you contribute to contain a
     file documenting the changes You made to create that Covered Code and
     the date of any change. You must include a prominent statement that the
     Modification is derived, directly or indirectly, from Original Code
     provided by the Initial Developer and including the name of the Initial
     Developer in (a) the Source Code, and (b) in any notice in an
     Executable version or related documentation in which You describe the
     origin or ownership of the Covered Code.

     3.4. Intellectual Property Matters

          (a) Third Party Claims.
          If 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 3.2, 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.

          (b) Contributor APIs.
          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.

     3.5. Required Notices.
     You must duplicate the notice in Exhibit A 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 Exhibit A. 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 that any such warranty, support, indemnity or
     liability obligation is offered by You alone, and You hereby agree to
     indemnify the Initial Developer and every Contributor for any liability
     incurred by the Initial Developer or such Contributor as a result of
     warranty, support, indemnity or liability terms You offer.

     3.6. Distribution of Executable Versions.
     You may distribute Covered Code in Executable form only if the
     requirements of Section 3.1-3.5 have been met for that Covered Code,
     and if You include a notice stating that the Source Code version of the
     Covered Code is available under the terms of this License, including a
     description of how and where You have fulfilled the obligations of
     Section 3.2. The notice must be conspicuously included in any notice in
     an Executable version, related documentation or collateral in which You
     describe recipients' rights relating to the Covered Code. You may
     distribute the Executable version of Covered Code 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.

     3.7. Larger Works.
     You may create a Larger Work by combining Covered Code with other code
     not governed by the terms of this License and distribute the Larger
     Work as a single product. In such a case, You must make sure the
     requirements of this License are fulfilled for the Covered Code.

4. Inability to Comply Due to Statute or Regulation.

     If it is impossible for You to comply with any of the terms of this
     License with respect to some or all of the Covered Code due to statute
     or regulation then You must: (a) comply with the terms of this License
     to the maximum extent possible; and (b) describe the limitations and
     the code they affect. Such description must be included in the LEGAL
     file described in Section 3.4 and must be included with all
     distributions of the Source Code. Except to the extent prohibited by
     statute or regulation, such description must be sufficiently detailed
     for a recipient of ordinary skill to be able to understand it.

5. Application of this License.

     This License applies to code to which the Initial Developer has
     attached the notice in Exhibit A, and to related Covered Code.

7. DISCLAIMER OF WARRANTY.

     COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS'' BASIS,
     WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
     WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
     DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
     THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
     IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
     YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
     COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
     OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
     ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

8. TERMINATION.

     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.

9. LIMITATION OF LIABILITY.

     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.

10. U.S. GOVERNMENT END USERS.

11. MISCELLANEOUS.

     This License represents the complete agreement concerning subject
     matter hereof. If any provision of this License is held to be
     unenforceable, such provision shall be reformed only to the extent
     necessary to make it enforceable. This License shall be governed by
     California law provisions (except to the extent applicable law, if any,
     provides otherwise), excluding its conflict-of-law provisions. With
     respect to disputes in which at least one party is a citizen of, or an
     entity chartered or registered to do business in, the United States of
     America: (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.

12. RESPONSIBILITY FOR CLAIMS.

     Except in cases where another Contributor has failed to comply with
     Section 3.4, 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.

EXHIBIT A.

     ``The contents of this file are subject to the BOINC Public License
     Version 1.0 (the "License"); you may not use this file except in
     compliance with the License. You may obtain a copy of the License at
     http://boinc.berkeley.edu/license_1.0.txt

     Software distributed under the License is distributed on an "AS IS"
     basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
     License for the specific language governing rights and limitations
     under the License.

     The Original Code is ______________________________________.

     The Initial Developer of the Original Code is ________________________.
     Portions created by ______________________ are Copyright (C) ______
     _______________________. All Rights Reserved.

     Contributor(s): ______________________________________.''