IDPLicense.txt

IDPLicense.txt (text/plain), 25.89 KB, created by Tom Jett on 2005-11-08 10:49:15 UTC

      Initial Developer's PUBLIC LICENSE
               Version 1.0 

   1. Definitions

      1.0 "Commercial Use" means distribution or otherwise making the Covered 
      Code available to a third party. 

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

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

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

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

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

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

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

      1.8. ''License'' means this document. 

         1.8.1. "Licensable" means having the right to grant, to the maximum 
         extent possible, whether at the time of the initial grant or subsequently 
         acquired, any and all of the rights conveyed herein.

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

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

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

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

         1.10.1. "Patent Claims" means any patent claim(s), now owned or 
         hereafter acquired, including without limitation, method, process, and 
         apparatus claims, in any patent Licensable by grantor.

      1.11. ''Source Code'' means the preferred form of the Covered Code for 
      making modifications to it, including all modules it contains, plus any associated 
      interface definition files, scripts used to control compilation and installation of 
      an Executable, or source code differential comparisons against either the 
      Original Code or another well known, available Covered Code of the 
      Contributor's choice. The Source Code can be in a compressed or archival 
      form, provided the appropriate decompression or de-archiving software is 
      widely available for no charge.

      1.12. "You'' (or "Your") means an individual or a legal entity exercising rights 
      under, and complying with all of the terms of, this License or a future version 
      of this License issued under Section 6.1. For legal entities, "You'' includes any 
      entity w hich controls, is controlled by, or is under common control with You. 
      For purposes of this definition, "control'' means (a) the power, direct or 
      indirect, to cause the direction or management of such entity, whether by 
      contract or otherwise, or (b) ownership of more than fifty percent (50%) of 
      the outstanding shares or beneficial ownership of such entity. 


   2. Source Code License.


   2.1. The Initial Developer Grant. The Initial Developer hereby grants You a 
   world-wide, royalty-free, non-exclusive license, subject to third party intellectual 
   property claims: 

      (a) under intellectual property rights (other than patent or trademark) 
      Licensable by Initial Developer to use, reproduce, modify, display, perform, 
      sublicense and distribute the Original Code (or portions thereof) with or without 
      Modifications, and/or as part of a Larger Work; and 

      (b) under Patents Claims infringed by the making, using or selling of Original 
      Code, to make, have made, use, practice, sell, and offer for sale, and/or 
      otherwise dispose of the Original Code (or portions thereof). 
      (c) the licenses granted in this Section 2.1(a) and (b) are effective on the date 
      Initial Developer first distributes Original Code under the terms of this License. 

      d) Notwithstanding Section 2.1(b) above, no patent license is granted:

         1) for code that You delete from the Original Code; 

         2) separate from the Original Code; or 

         3) for infringements caused by: 

            i) the modification of the Original Code or 

            ii) the combination of the Original Code with other software or 
            devices. 

   2.2. Contributor Grant. Subject to third party intellectual property claims, each 
   Contributor hereby grants You a world-wide, royalty-free, non-exclusive license 

      (a) under intellectual property rights (other than patent or trademark) 
      Licensable by Contributor, to use, reproduce, modify, display, perform, 
      sublicense and distribute the Modifications created by such Contributor (or 
      portions thereof) either on an unmodified basis, with other Modifications, as 
      Covered Code and/or as part of a Larger Work; and 

      (b) under Patent Claims infringed by the making, using, or selling of 
      Modifications made by that Contributor either alone and/or in combination with 
      its Contributor Version (or portions of such combination), to make, use, sell, 
      offer for sale, have made, and/or otherwise dispose of: 1) Modifications made 
      by that Contributor (or portions thereof); and 2) the combination of 
      Modifications made by that Contributor with its Contributor Version (or portions 
      of such combination). 

      (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date 
      Contributor first makes Commercial Use of the Covered Code. 

      (d) Notwithstanding Section 2.2(b) above, no patent license is granted:

         1) for any code that Contributor has deleted from the Contributor 
         Version; 

         2) separate from the Contributor Version; 

         3) for infringements caused by: 

         i) third party modifications of Contributor Version or 

            ii) the combination of Modifications made by that Contributor with 
            other software (except as part of the Contributor Version) or 
            other devices; or 

         4) under Patent Claims infringed by Covered Code in the absence of 
         Modifications made by that Contributor. 


   3. Distribution Obligations.


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


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


      3.3. Description of Modifications. You must cause all Covered Code to 
      which You contribute to contain a file documenting the changes You made to 
      create that Covered Code and the date of any change. You must include a 
      prominent statement that the Modification is derived, directly or indirectly, from 
      Original Code provided by the Initial Developer and including the name of the 
      Initial Developer in 

         (a) the Source Code, and

         (b) in any notice in an Executable version or related documentation in 
         which You describe the origin or ownership of the Covered Code.


      3.4. Intellectual Property Matters

         a) Third Party Claims. If Contributor has knowledge that a license under 
         a third party's intellectual property rights is required to exercise the 
         rights granted by such Contributor under Sections 2.1 or 2.2, 
         Contributor must include a text file with the Source Code distribution 
         titled "LEGAL'' which describes the claim and the party making the claim 
         in sufficient detail that a recipient will know whom to contact. If 
         Contributor obtains such knowledge after the Modification is made 
         available as described in Section 3.2, Contributor shall promptly modify 
         the LEGAL file in all copies Contributor makes available thereafter and 
         shall take other steps (such as notifying appropriate mailing lists or 
         newsgroups) reasonably calculated to inform those who received the 
         Covered Code that new knowledge has been obtained. 

         (b) Contributor APIs. If Contributor's Modifications include an application 
         programming interface and Contributor has knowledge of patent 
         licenses which are reasonably necessary to implement that API, 
         Contributor must also include this information in the LEGAL file. 


         (c) Representations. Contributor represents that, except as disclosed 
         pursuant to Section 3.4(a) above, Contributor believes that Contributor's 
         Modifications are Contributor's original creation(s) and/or Contributor 
         has sufficient rights to grant the rights conveyed by this License. 


      3.5. Required Notices. You must duplicate the notice in Exhibit A in each file 
      of the Source Code. If it is not possible to put such notice in a particular Source 
      Code file due to its structure, then You must include such notice in a location 
      (such as a relevant directory) where a user would be likely to look for such a 
      notice. If You created one or more Modification(s) You may add your name as 
      a Contributor to the notice described in Exhibit A. You must also duplicate this 
      License in any documentation for the Source Code where You describe 
      recipients' rights or ownership rights relating to Covered Code. You may 
      choose to offer, and to charge a fee for, warranty, support, indemnity or 
      liability obligations to one or more recipients of Covered Code. However, You 
      may do so only on Your own behalf, and not on behalf of the Initial Developer 
      or any Contributor. You must make it absolutely clear than any such warranty, 
      support, indemnity or liability obligation is offered by You alone, and You 
      hereby agree to indemnify the Initial Developer and every Contributor for any 
      liability incurred by the Initial Developer or such Contributor as a result of 
      warranty, support, indemnity or liability terms You offer. 


      3.6. Distribution of Executable Versions. You may distribute Covered 
      Code in Executable form only if the requirements of Section 3.1-3.5 have been 
      met for that Covered Code, and if You include a notice stating that the Source 
      Code version of the Covered Code is available under the terms of this License, 
      including a description of how and where You have fulfilled the obligations of 
      Section 3.2. The notice must be conspicuously included in any notice in an 
      Executable version, related documentation or collateral in which You describe 
      recipients' rights relating to the Covered Code. You may distribute the 
      Executable version of Covered Code or ownership rights under a license of 
      Your choice, which may contain terms different from this License, provided 
      that You are in compliance with the terms of this License and hat the license 
      for the Executable version does not attempt to limit or alter the recipient's rights 
      in the Source Code version from the rights set forth in this License. If You 
      distribute the Executable version under a different license You must make it 
      absolutely clear that any terms which differ from this License are offered by 
      You alone, not by the Initial Developer or any Contributor. You hereby agree to 
      indemnify the Initial Developer and every Contributor for any liability incurred by 
      the Initial Developer or such Contributor as a result of any such terms You 
      offer. 


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


   4. Inability to Comply Due to Statute or Regulation.

    

   If it is impossible for You to comply with any of the terms of this License with respect 
   to some or all of the Covered Code due to statute, judicial order, or regulation then You 
   must: 

      (a) comply with the terms of this License to the maximum extent possible; and 

      (b) describe the limitations and the code they affect. Such description must be 
      included in the LEGAL file described in Section 3.4 and must be included with 
      all distributions of the Source Code. Except to the extent prohibited by statute 
      or regulation, such description must be sufficiently detailed for a recipient of 
      ordinary skill to be able to understand it. 


   5. Application of this License.

    

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


   6. Versions of the License.


      6.1. New Versions. The Initial Developer of this code may publish revised 
      and/or new versions of the License from time to time. Each version will be 
      given a distinguishing version number. 


      6.2. Effect of New Versions. Once Covered Code has been published under 
      a particular version of the License, You may always continue to use it under 
      the terms of that version. You may also choose to use such Covered Code 
      under the terms of any subsequent version of the License published by the 
      Initial Developer. No one other than the Initial Developer has the right to modify 
      the terms applicable to Covered Code created under this License.


      6.3. Derivative Works. If You create or use a modified version of this License 
      (which you may only do in order to apply it to code which is not already 
      Covered Code governed by this License), You must 

         (a) rename Your license so that the phrases ''Mozilla'', ''MOZILLAPL'', 
         ''MOZPL'', ''Netscape'', "MPL", ''NPL", or any confusingly similar phrases 
         do not appear in your license (except to note that your license differs 
         from this License) and 

         (b) otherwise make it clear that Your version of the license contains 
         terms which differ from the Mozilla Public License and Netscape Public 
         License. (Filling in the name of the Initial Developer, Original Code or 
         Contributor in the notice described in Exhibit A shall not of themselves 
         be deemed to be modifications of this License.) 


      6.4 Origin of the Initial Developer's Public License. The Initial Developer's 
      Public License is based on the Mozilla Public License V 1.1 with the following 
      changes: 

         1) The license is published by the Initial Developer of this code. Only the 
         Initial Developer can modify the terms applicable to Covered Code. 

         2) The license can be modified and used for code which is not already 
         governed by this license. Modified versions of the license must be 
         renamed to avoid confusion with Netscape's license Initial Developer's's 
         license and must include a description of changes from the Initial 
         Developer's Public License. 

         3) The name of the license in Exhibit A is the "Initial Developer's Public 
         License".

         4) The reference to an alternative license in Exhibit A has been removed

         . 
         5) Amendments I, II, III, V, and VI have been deleted.

         6) Exhibit A, Netscape Public License has been deleted


   7. DISCLAIMER OF WARRANTY.

    

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


   8. TERMINATION.

    
      8.1. This License and the rights granted hereunder will terminate automatically 
      if You fail to comply with terms herein and fail to cure such breach within 30 
      days of becoming aware of the breach. All sublicenses to the Covered Code 
      which are properly granted shall survive any termination of this License. 
      Provisions which, by their nature, must remain in effect beyond the termination 
      of this License shall survive. 

      8.2. If You initiate litigation by asserting a patent infringement claim (excluding 
      declatory judgment actions) against Initial Developer or a Contributor (the Initial 
      Developer or Contributor against whom You file such action is referred to as 
      "Participant") alleging that:

         (a) such Participant's Contributor Version directly or indirectly infringes 
         any patent, then any and all rights granted by such Participant to You 
         under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice 
         from Participant terminate prospectively, unless if within 60 days after 
         receipt of notice You either:

            (i) agree in writing to pay Participant a mutually agreeable 
            reasonable royalty for Your past and future use of Modifications 
            made by such Participant, or 

            (ii) withdraw Your litigation claim with respect to the Contributor 
            Version against such Participant. 


         If within 60 days of notice, a reasonable royalty and payment 
         arrangement are not mutually agreed upon in writing by the parties or 
         the litigation claim is not withdrawn, the rights granted by Participant to 
         You under Sections 2.1 and/or 2.2 automatically terminate at the 
         expiration of the 60 day notice period specified above. 

         (b) any software, hardware, or device, other than such Participant's 
         Contributor Version, directly or indirectly infringes any patent, then any 
         rights granted to You by such Participant under Sections 2.1(b) and 
         2.2(b) are revoked effective as of the date You first made, used, sold, 
         distributed, or had made, Modifications made by that Participant. 

      8.3. If You assert a patent infringement claim against Participant alleging that 
      such Participant's Contributor Version directly or indirectly infringes any patent 
      where such claim is resolved (such as by license or settlement) prior to the 
      initiation of patent infringement litigation, then the reasonable value of the 
      licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken 
      into account in determining the amount or value of any payment or license. 

      8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user 
      license agreements (excluding distributors and resellers) which have been 
      validly granted by You or any distributor hereunder prior to termination shall 
      survive termination. 


   9. LIMITATION OF LIABILITY.


   UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT 
   (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL 
   DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED 
   CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON 
   FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY 
   CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF 
   GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY 
   AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY 
   SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS 
   LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR 
   PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT 
   APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT 
   ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL 
   DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 


   10. U.S. GOVERNMENT END USERS.


   The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R. 2.101 
   (Oct. 1995), consisting of ''commercial computer software'' and ''commercial computer 
   software documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). 
   Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 
   1995), all U.S. Government End Users acquire Covered Code with only those rights 
   set forth herein. 


   11. MISCELLANEOUS.


   This License represents the complete agreement concerning subject matter hereof. If 
   any provision of this License is held to be unenforceable, such provision shall be 
   reformed only to the extent necessary to make it enforceable. This License shall be 
   governed by California law provisions (except to the extent applicable law, if any, 
   provides otherwise), excluding its conflict-of-law provisions. With respect to disputes 
   in which at least one party is a citizen of, or an entity chartered or registered to do 
   business in the United States of America, any litigation relating to this License shall be 
   subject to the jurisdiction of the Federal Courts of the Northern District of California, 
   with venue lying in Santa Clara County, California, with the losing party responsible for 
   costs, including without limitation, court costs and reasonable attorneys' fees and 
   expenses. The application of the United Nations Convention on Contracts for the 
   International Sale of Goods is expressly excluded. Any law or regulation which 
   provides that the language of a contract shall be construed against the drafter shall 
   not apply to this License. 


   12. RESPONSIBILITY FOR CLAIMS.


   As between Initial Developer and the Contributors, each party is responsible for claims 
   and damages arising, directly or indirectly, out of its utilization of rights under this 
   License and You agree to work with Initial Developer and Contributors to distribute 
   such responsibility on an equitable basis. Nothing herein is intended or shall be 
   deemed to constitute any admission of liability. 


   13. MULTIPLE-LICENSED CODE.


   Initial Developer may designate portions of the Covered Code as "Multiple-Licensed". 
   "Multiple-Licensed" means that the Initial Developer permits you to utilize portions of
   the Covered Code under Your choice of the IDPL or the alternative licenses, if any, 
   specified by the Initial Developer in the file described in Exhibit A. 

   EXHIBIT A -Initial Developer's Public License.

   The contents of this file are subject to the Initial Developer's Public License Version 1.0 
   (the "License"); you may not use this file except in compliance with the License. You 
   may obtain a copy of the License at http://www.ibphoenix.com/idpl.html. Software
   distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY 
   OF ANY KIND, either express or implied. See the License for the specific language 
   governing rights and limitations under the License.

   The Original Code is ______________________________________. 

   The Initial Developer of the Original Code is ________________________.

   Portions created by ______________________ are Copyright (C) ______ 
   _______________________.

   All Rights Reserved.

   Contributor(s): ______________________________________.