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-- This file contains two licenses. You must choose one of these licenses. --
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ADAPTIVE PUBLIC LICENSE Version 1.0
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THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THIS ADAPTIVE
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PUBLIC LICENSE ("LICENSE"). ANY USE, REPRODUCTION OR DISTRIBUTION
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OF THE LICENSED WORK CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
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LICENSE AND ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE
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TERMS OF THIS LICENSE. "LICENSED WORK" AND "RECIPIENT" ARE
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IMPORTANT NOTE: This License is "adaptive", and the generic version or another
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version of an Adaptive Public License should not be relied upon to determine your rights
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and obligations under this License. You must read the specific Adaptive Public License
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that you receive with the Licensed Work, as certain terms are defined at the outset by the
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See Section 2.2 below, Exhibit A attached, and any Suppfile.txt accompanying this
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License to determine the specific adaptive features applicable to this License. For
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example, without limiting the foregoing, (a) for selected choice of law and jurisdiction
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see Part 3 of Exhibit A; (b) for the selected definition of Third Party see Part 4 of Exhibit
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A; and (c) for selected patent licensing terms (if any) see Section 2.2 below and Part 6 of
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1.1. "CONTRIBUTION" means:
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(a) In the case of the Initial Contributor, the Initial Work distributed under this License
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by the Initial Contributor; and
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(b) In the case of each Subsequent Contributor, the Subsequent Work originating from
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and distributed by such Subsequent Contributor.
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1.2. "DESIGNATED WEB SITE" means the web site having the URL identified in Part
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1 of Exhibit A, which URL may be changed by the Initial Contributor by posting on the
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current Designated Web Site the new URL for at least sixty (60) days.
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1.3. "DISTRIBUTOR" means any Person that distributes the Licensed Work or any
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portion thereof to at least one Third Party.
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1.4. "ELECTRONIC DISTRIBUTION MECHANISM" means any mechanism generally
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accepted in the software development community for the electronic transfer of data.
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1.5. "EXECUTABLE" means the Licensed Work in any form other than Source Code.
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1.6. "GOVERNING JURISDICTION" means the state, province or other legal
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jurisdiction identified in Part 3 of Exhibit A.
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1.7. "INDEPENDENT MODULE" means a separate module of software and/or data that
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is not a derivative work of or copied from the Licensed Work or any portion thereof. In
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addition, a module does not qualify as an Independent Module but instead forms part of
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the Licensed Work if the module: (a) is embedded in the Licensed Work; (b) is included
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by reference in the Licensed Work other than by a function call or a class reference; or
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(c) must be included or contained, in whole or in part, within a file directory or
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subdirectory actually containing files making up the Licensed Work.
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1.8. "INITIAL CONTRIBUTOR" means the Person or entity identified as the Initial
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Contributor in the notice required by Part 1 of Exhibit A.
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1.9. "INITIAL WORK" means the initial Source Code, object code (if any) and
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documentation for the computer program identified in Part 2 of Exhibit A, as such Source
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Code, object code and documentation is distributed under this License by the Initial
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1.10. "LARGER WORK" means a work that combines the Licensed Work or portions
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thereof with code not governed by this License.
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1.11. "LICENSED WORK" means the Initial Work and/or any Subsequent Work, in
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each case including portions thereof.
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1.12. "LICENSE NOTICE" has the meaning assigned in Part 5 of Exhibit A.
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1.13. "MODIFICATION" or "MODIFICATIONS" means any change to and/or addition
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1.14. "PERSON" means an individual or other legal entity, including a corporation,
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partnership or other body.
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1.15. "RECIPIENT" means any Person who receives or obtains the Licensed Work
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under this License (by way of example, without limiting the foregoing, any Subsequent
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Contributor or Distributor).
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1.16. "SOURCE CODE" means the source code for a computer program, including the
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source code for all modules and components of the computer program, plus any
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associated interface definition files, and scripts used to control compilation and
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installation of an executable.
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1.17. "SUBSEQUENT CONTRIBUTOR" means any Person that makes or contributes
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to the making of any Subsequent Work and that distributes that Subsequent Work to at
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least one Third Party.
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1.18. "SUBSEQUENT WORK" means a work that has resulted or arises from changes to
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(b) any other Subsequent Work; or
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(c) to any combination of the Initial Work and any such other Subsequent Work;
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where such changes and/or additions originate from a Subsequent Contributor. A
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Subsequent Work will "originate" from a Subsequent Contributor if the Subsequent Work
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was a result of efforts by such Subsequent Contributor (or anyone acting on such
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Subsequent Contributor's behalf, such as, a contractor or other entity that is engaged by
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or under the direction of the Subsequent Contributor). For greater certainty, a Subsequent
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Work expressly excludes and shall not capture within its meaning any Independent
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1.19. "SUPPLEMENT FILE" means a file distributed with the Licensed Work having a
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file name "suppfile.txt".
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1.20. "THIRD PARTY" has the meaning assigned in Part 4 of Exhibit A.
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2.1. COPYRIGHT LICENSE FROM INITIAL AND SUBSEQUENT
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(a) Subject to the terms of this License, the Initial Contributor hereby grants each
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Recipient a world-wide, royalty-free, non-exclusive copyright license to:
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(i) reproduce, prepare derivative works of, publicly display, publicly perform, distribute
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and sublicense the Initial Work; and
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(ii) reproduce, publicly display, publicly perform, distribute, and sublicense any
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derivative works (if any) prepared by Recipient;
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in Source Code and Executable form, either with other Modifications, on an unmodified
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basis, or as part of a Larger Work.
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(b) Subject to the terms of this License, each Subsequent Contributor hereby grants each
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Recipient a world-wide, royalty-free, non-exclusive copyright license to:
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(i) reproduce, prepare derivative works of, publicly display, publicly perform, distribute
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and sublicense the Subsequent Work of such Subsequent Contributor; and
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(ii) reproduce, publicly display, publicly perform, distribute, and sublicense any
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derivative works (if any) prepared by Recipient;
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in Source Code and Executable form, either with other Modifications, on an unmodified
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basis, or as part of a Larger Work.
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2.2. PATENT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.
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(a) This License does not include or grant any patent license whatsoever from the Initial
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Contributor, Subsequent Contributor, or any Distributor unless, at the time the Initial
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Work is first distributed or made available under this License (as the case may be), the
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Initial Contributor has selected pursuant to Part 6 of Exhibit A the patent terms in
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paragraphs A, B, C, D and E from Part 6 of Exhibit A. If this is not done then the Initial
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Work and any other Subsequent Work is made available under the License without any
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patent license (the "PATENTS-EXCLUDED LICENSE").
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(b) However, the Initial Contributor may subsequently distribute or make available (as
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the case may be) future copies of: (1) the Initial Work; or (2) any Licensed Work
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distributed by the Initial Contributor which includes the Initial Work (or any portion
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thereof) and/or any Modification made by the Initial Contributor; available under a
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License which includes a patent license (the "PATENTS-INCLUDED LICENSE") by
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selecting pursuant to Part 6 of Exhibit A the patent terms in paragraphs A, B, C, D and E
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from Part 6 of Exhibit A, when the Initial Contributor distributes or makes available (as
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the case may be) such future copies under this License.
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(c) If any Recipient receives or obtains one or more copies of the Initial Work or any
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other portion of the Licensed Work under the Patents-Included License, then all licensing
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of such copies under this License shall include the terms in paragraphs A, B, C, D and E
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from Part 6 of Exhibit A and that Recipient shall not be able to rely upon the Patents-
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Excluded License for any such copies. However, all Recipients that receive one or more
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copies of the Initial Work or any other portion of the Licensed Work under a copy of the
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License which includes the Patents-Excluded License shall have no patent license with
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respect to such copies received under the Patents-Excluded License and availability and
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distribution of such copies, including Modifications made by such Recipient to such
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copies, shall be under a copy of the License without any patent license.
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(d) Where a Recipient uses in combination or combines any copy of the Licensed Work
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(or portion thereof) licensed under a copy of the License having a Patents-Excluded
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License with any copy of the Licensed Work (or portion thereof) licensed under a copy of
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the License having a Patents-Included License, the combination (and any portion thereof)
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shall, from the first time such Recipient uses, makes available or distributes the
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combination (as the case may be), be subject to only the terms of the License having the
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Patents-Included License which shall include the terms in paragraphs A, B, C, D and E
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from Part 6 of Exhibit A.
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2.3. ACKNOWLEDGEMENT AND DISCLAIMER.
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Recipient understands and agrees that although Initial Contributor and each Subsequent
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Contributor grants the licenses to its Contributions set forth herein, no representation,
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warranty, guarantee or assurance is provided by any Initial Contributor, Subsequent
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Contributor, or Distributor that the Licensed Work does not infringe the patent or other
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intellectual property rights of any other entity. Initial Contributor, Subsequent
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Contributor, and each Distributor disclaims any liability to Recipient for claims brought
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by any other entity based on infringement of intellectual property rights or otherwise, in
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relation to the Licensed Works. As a condition to exercising the rights and licenses
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granted hereunder, each Recipient hereby assumes sole responsibility to secure any other
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intellectual property rights needed, if any. For example, without limiting the foregoing
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disclaimers, if a third party patent license is required to allow Recipient to distribute the
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Licensed Work, it is Recipient's responsibility to acquire that license before distributing
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Nothing in this License shall be deemed to grant any rights to trademarks, copyrights,
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patents, trade secrets or any other intellectual property of Initial Contributor, Subsequent
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Contributor, or Distributor except as expressly stated herein.
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3. DISTRIBUTION OBLIGATIONS.
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3.1. DISTRIBUTION GENERALLY.
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(a) A Subsequent Contributor shall make that Subsequent Contributor's Subsequent
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Work(s) available to the public via an Electronic Distribution Mechanism for a period of
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at least twelve (12) months. The aforesaid twelve (12) month period shall begin within a
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reasonable time after the creation of the Subsequent Work and no later than sixty (60)
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days after first distribution of that Subsequent Contributor's Subsequent Work.
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(b) All Distributors must distribute the Licensed Work in accordance with the terms of
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the License, and must include a copy of this License (including without limitation Exhibit
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A and the accompanying Supplement File) with each copy of the Licensed Work
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distributed. In particular, this License must be prominently distributed with the Licensed
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Work in a file called "license.txt." In addition, the License Notice in Part 5 of Exhibit A
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must be included at the beginning of all Source Code files, and viewable to a user in any
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executable such that the License Notice is reasonably brought to the attention of any
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party using the Licensed Work.
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3.2. EXECUTABLE DISTRIBUTIONS OF THE LICENSED WORK.
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A Distributor may choose to distribute the Licensed Work, or any portion thereof, in
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Executable form (an "EXECUTABLE DISTRIBUTION") to any third party, under the
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terms of Section 2 of this License, provided the Executable Distribution is made available
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under and accompanied by a copy of this License, AND provided at least ONE of the
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following conditions is fulfilled:
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(a) The Executable Distribution must be accompanied by the Source Code for the
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Licensed Work making up the Executable Distribution, and the Source Code must be
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distributed on the same media as the Executable Distribution or using an Electronic
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Distribution Mechanism; or
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(b) The Executable Distribution must be accompanied with a written offer, valid for at
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least thirty six (36) months, to give any third party under the terms of this License, for a
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charge no more than the cost of physically performing source distribution, a complete
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machine-readable copy of the Source Code for the Licensed Work making up the
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Executable Distribution, to be available and distributed using an Electronic Distribution
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Mechanism, and such Executable Distribution must remain available in Source Code
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form to any third party via the Electronic Distribution Mechanism (or any replacement
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Electronic Distribution Mechanism the particular Distributor may reasonably need to turn
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to as a substitute) for said at least thirty six (36) months.
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For greater certainty, the above-noted requirements apply to any Licensed Work or
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portion thereof distributed to any third party in Executable form, whether such
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distribution is made alone, in combination with a Larger Work or Independent Modules,
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or in some other combination.
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3.3. SOURCE CODE DISTRIBUTIONS.
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When a Distributor makes the Licensed Work, or any portion thereof, available to any
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Person in Source Code form, it must be made available under this License and a copy of
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this License must be included with each copy of the Source Code, situated so that the
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copy of the License is conspicuously brought to the attention of that Person. For greater
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clarification, this Section 3.3 applies to all distribution of the Licensed Work in any
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Source Code form. A Distributor may charge a fee for the physical act of transferring a
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copy, which charge shall be no more than the cost of physically performing source
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3.4. REQUIRED NOTICES IN SOURCE CODE.
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Each Subsequent Contributor must ensure that the notice set out in Part 5 of Exhibit A is
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included in each file of the Source Code for each Subsequent Work originating from that
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particular Subsequent Contributor, if such notice is not already included in each such file.
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If it is not possible to put such notice in a particular Source Code file due to its structure,
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then the Subsequent Contributor must include such notice in a location (such as a relevant
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directory in which the file is stored) where a user would be likely to look for such a
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3.5. NO DISTRIBUTION REQUIREMENTS FOR INTERNALLY USED
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Notwithstanding Sections 3.2, 3.3 and 3.4, Recipient may, internally within its own
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corporation or organization use the Licensed Work, including the Initial Work and
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Subsequent Works, and make Modifications for internal use within Recipient's own
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corporation or organization (collectively, "INTERNAL USE MODIFICATIONS"). The
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Recipient shall have no obligation to distribute, in either Source Code or Executable
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form, any such Internal Use Modifications made by Recipient in the course of such
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internal use, except where required below in this Section 3.5. All Internal Use
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Modifications distributed to any Person, whether or not a Third Party, shall be distributed
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pursuant to and be accompanied by the terms of this License. If the Recipient chooses to
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distribute any such Internal Use Modifications to any Third Party, then the Recipient
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shall be deemed a Subsequent Contributor, and any such Internal Use Modifications
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distributed to any Third Party shall be deemed a Subsequent Work originating from that
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Subsequent Contributor, and shall from the first such instance become part of the
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Licensed Work that must thereafter be distributed and made available to third parties in
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accordance with the terms of Sections 3.1 to 3.4 inclusive.
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3.6. INDEPENDENT MODULES.
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This License shall not apply to Independent Modules of any Initial Contributor,
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Subsequent Contributor, Distributor or any Recipient, and such Independent Modules
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may be licensed or made available under one or more separate license agreements.
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Any Distributor or Recipient may create or contribute to a Larger Work by combining
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any of the Licensed Work with other code not governed by the terms of this License, and
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may distribute the Larger Work as one or more products. However, in any such case,
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Distributor or Recipient (as the case may be) must make sure that the requirements of this
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License are fulfilled for the Licensed Work portion of the Larger Work.
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3.8. DESCRIPTION OF DISTRIBUTED MODIFICATIONS.
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(a) Each Subsequent Contributor (including the Initial Contributor where the Initial
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Contributor also qualifies as a Subsequent Contributor) must cause each Subsequent
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Work created or contributed to by that Subsequent Contributor to contain a file
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documenting the changes, in accordance with the requirements of Part 1 of the
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Supplement File, that such Subsequent Contributor made in the creation or contribution
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to that Subsequent Work. If no Supplement File exists or no requirements are set out in
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Part 1 of the Supplement File, then there are no requirements for Subsequent Contributors
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to document changes that they make resulting in Subsequent Works.
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(b) The Initial Contributor may at any time introduce requirements or add to or change
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earlier requirements (in each case, the "EARLIER DESCRIPTION REQUIREMENTS")
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for documenting changes resulting in Subsequent Works by revising Part 1 of each copy
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of the Supplement File distributed by the Initial Contributor with future copies of the
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Licensed Work so that Part 1 then contains new requirements (the "NEW
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DESCRIPTION REQUIREMENTS") for documenting such changes.
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(c) Any Recipient receiving at any time any copy of an Initial Work or any Subsequent
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Work under a copy of this License (in each case, an "Earlier LICENSED COPY") having
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the Earlier Description Requirements may choose, with respect to each such Earlier
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Licensed Copy, to comply with the Earlier Description Requirements or the New
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Description Requirements. Where a Recipient chooses to comply with the New
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Description Requirements, that Recipient will, when thereafter distributing any copies of
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any such Earlier Licensed Copy, include a Supplement File having a section entitled Part
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1 that contains a copy of the New Description Requirements.
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(d) For greater certainty, the intent of Part 1 of the Supplement File is to provide a
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mechanism (if any) by which Subsequent Contributors must document changes that they
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make to the Licensed Work resulting in Subsequent Works. Part 1 of any Supplement
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File shall not be used to increase or reduce the scope of the license granted in Article 2 of
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this License or in any other way increase or decrease the rights and obligations of any
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Recipient, and shall at no time serve as the basis for terminating the License. Further, a
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Recipient can be required to correct and change its documentation procedures to comply
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with Part 1 of the Supplement File, but cannot be penalised with damages. Part 1 of any
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Supplement File is only binding on each Recipient of any Licensed Work to the extent
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Part 1 sets out the requirements for documenting changes to the Initial Work or any
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(e) An example of a set of requirements for documenting changes and contributions
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made by Subsequent Contributor is set out in Part 7 of Exhibit A of this License. Part 7 is
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a sample only and is not binding on Recipients, unless (subject to the earlier paragraphs
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of this Section 3.8) those are the requirements that the Initial Contributor includes in Part
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1 of the Supplement File with the copies of the Initial Work distributed under this
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3.9. USE OF DISTRIBUTOR NAME.
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The name of a Distributor may not be used by any other Distributor to endorse or
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promote the Licensed Work or products derived from the Licensed Work, without prior
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3.10. LIMITED RECOGNITION OF INITIAL CONTRIBUTOR.
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(a) As a modest attribution to the Initial Contributor, in the hope that its promotional
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value may help justify the time, money and effort invested in writing the Initial Work, the
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Initial Contributor may include in Part 2 of the Supplement File a requirement that each
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time an executable program resulting from the Initial Work or any Subsequent Work, or a
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program dependent thereon, is launched or run, a prominent display of the Initial
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Contributor's attribution information must occur (the "ATTRIBUTION
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INFORMATION"). The Attribution Information must be included at the beginning of
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each Source Code file. For greater certainty, the Initial Contributor may specify in the
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Supplement File that the above attribution requirement only applies to an executable
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program resulting from the Initial Work or any Subsequent Work, but not a program
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dependent thereon. The intent is to provide for reasonably modest attribution, therefore
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the Initial Contributor may not require Recipients to display, at any time, more than the
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following Attribution Information: (a) a copyright notice including the name of the Initial
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Contributor; (b) a word or one phrase (not exceeding 10 words); (c) one digital image or
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graphic provided with the Initial Work; and (d) a URL (collectively, the
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"ATTRIBUTION LIMITS").
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(b) If no Supplement File exists, or no Attribution Information is set out in Part 2 of the
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Supplement File, then there are no requirements for Recipients to display any Attribution
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Information of the Initial Contributor.
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(c) Each Recipient acknowledges that all trademarks, service marks and/or trade names
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contained within Part 2 of the Supplement File distributed with the Licensed Work are
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the exclusive property of the Initial Contributor and may only be used with the
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permission of the Initial Contributor, or under circumstances otherwise permitted by law,
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or as expressly set out in this License.
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3.11. For greater certainty, any description or attribution provisions contained within a
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Supplement File may only be used to specify the nature of the description or attribution
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requirements, as the case may be. Any provision in a Supplement File that otherwise
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purports to modify, vary, nullify or amend any right, obligation or representation
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contained herein shall be deemed void to that extent, and shall be of no force or effect.
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4. COMMERCIAL USE AND INDEMNITY.
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4.1. COMMERCIAL SERVICES.
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A Recipient ("COMMERCIAL RECIPIENT") may choose to offer, and to charge a fee
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for, warranty, support, indemnity or liability obligations (collectively, "SERVICES") to
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one or more other Recipients or Distributors. However, such Commercial Recipient may
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do so only on that Commercial Recipient's own behalf, and not on behalf of any other
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Distributor or Recipient, and Commercial Recipient must make it clear than any such
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warranty, support, indemnity or liability obligation(s) is/are offered by Commercial
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Recipient alone. At no time may Commercial Recipient use any Services to deny any
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party the Licensed Work in Source Code or Executable form when so required under any
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of the other terms of this License. For greater certainty, this Section 4.1 does not diminish
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any of the other terms of this License, including without limitation the obligation of the
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Commercial Recipient as a Distributor, when distributing any of the Licensed Work in
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Source Code or Executable form, to make such distribution royalty-free (subject to the
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right to charge a fee of no more than the cost of physically performing Source Code or
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Executable distribution (as the case may be)).
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Commercial distributors of software may accept certain responsibilities with respect to
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end users, business partners and the like. While this License is intended to facilitate the
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commercial use of the Licensed Work, the Distributor who includes any of the Licensed
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Work in a commercial product offering should do so in a manner which does not create
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potential liability for other Distributors. Therefore, if a Distributor includes the Licensed
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Work in a commercial product offering or offers any Services, such Distributor
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("COMMERCIAL DISTRIBUTOR") hereby agrees to defend and indemnify every other
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Distributor or Subsequent Contributor (in each case an "INDEMNIFIED PARTY")
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against any losses, damages and costs (collectively "LOSSES") arising from claims,
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lawsuits and other legal actions brought by a third party against the Indemnified Party to
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the extent caused by the acts or omissions of such Commercial Distributor in connection
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with its distribution of any of the Licensed Work in a commercial product offering or in
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connection with any Services. The obligations in this section do not apply to any claims
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or Losses relating to any actual or alleged intellectual property infringement. In order to
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qualify, an Indemnified Party must: (a) promptly notify the Commercial Distributor in
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writing of such claim; and (b) allow the Commercial Distributor to control, and co-
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operate with the Commercial Distributor in, the defense and any related settlement
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negotiations. The Indemnified Party may participate in any such claim at its own
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5. VERSIONS OF THE LICENSE.
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The Initial Contributor may publish revised and/or new versions of the License from
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time to time. Each version will be given a distinguishing version number.
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5.2. EFFECT OF NEW VERSIONS.
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Once the Licensed Work or any portion thereof has been published by Initial Contributor
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under a particular version of the License, Recipient may choose to continue to use it
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under the terms of that version. However, if a Recipient chooses to use the Licensed
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Work under the terms of any subsequent version of the License published by the Initial
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Contributor, then from the date of making this choice, the Recipient must comply with
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the terms of that subsequent version with respect to all further reproduction, preparation
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of derivative works, public display of, public performance of, distribution and
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sublicensing by the Recipient in connection with the Licensed Work. No one other than
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the Initial Contributor has the right to modify the terms applicable to the Licensed Work
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6. DISCLAIMER OF WARRANTY.
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6.1. GENERAL DISCLAIMER.
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EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE LICENSED WORK
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IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT ANY
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REPRESENTATION, WARRANTY, GUARANTEE, ASSURANCE OR CONDITION
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OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
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LIMITATION, WARRANTIES OR CONDITIONS OF TITLE, NON-
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INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
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PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
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THE LICENSED WORK IS WITH RECIPIENT. SHOULD ANY LICENSED WORK
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PROVE DEFECTIVE IN ANY RESPECT, RECIPIENT (NOT THE INITIAL
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CONTRIBUTOR OR ANY SUBSEQUENT CONTRIBUTOR) ASSUMES THE COST
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OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS CLAUSE
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CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
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LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
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LICENSE INCLUDING WITHOUT LIMITATION THIS DISCLAIMER.
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6.2. RESPONSIBILITY OF RECIPIENTS.
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Each Recipient is solely responsible for determining the appropriateness of using and
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distributing the Licensed Work and assumes all risks associated with its exercise of rights
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under this License, including but not limited to the risks and costs of program errors,
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compliance with applicable laws, damage to or loss of data, programs or equipment, and
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unavailability or interruption of operations.
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7.1. This License shall continue until terminated in accordance with the express terms
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7.2. Recipient may choose to terminate this License automatically at any time.
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7.3. This License, including without limitation the rights granted hereunder to a
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particular Recipient, will terminate automatically if such Recipient is in material breach
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of any of the terms of this License and fails to cure such breach within sixty (60) days of
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becoming aware of the breach. Without limiting the foregoing, any material breach by
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such Recipient of any term of any other License under which such Recipient is granted
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any rights to the Licensed Work shall constitute a material breach of this License.
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7.4. Upon termination of this License by or with respect to a particular Recipient for any
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reason, all rights granted hereunder and under any other License to that Recipient shall
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terminate. However, all sublicenses to the Licensed Work which were previously
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properly granted by such Recipient under a copy of this License (in each case, an "Other
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License" and in plural, "Other Licenses") shall survive any such termination of this
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License, including without limitation the rights and obligations under such Other
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Licenses as set out in their respective Sections 2, 3, 4, 5, 6, 7 and 8, mutatis mutandis, for
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so long as the respective sublicensees (i.e. other Recipients) remain in compliance with
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the terms of the copy of this License under which such sublicensees received rights to the
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Licensed Work. Any termination of such Other Licenses shall be pursuant to their
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respective Section 7, mutatis mutandis. Provisions which, by their nature, must remain in
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effect beyond the termination of this License shall survive.
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7.5. Upon any termination of this License by or with respect to a particular Recipient,
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Sections 4.1, 4.2, 6.1, 6.2, 7.4, 7.5, 8.1, and 8.2, together with all provisions of this
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License necessary for the interpretation and enforcement of same, shall expressly survive
512
8. LIMITATION OF LIABILITY.
514
8.1. IN NO EVENT SHALL ANY OF INITIAL CONTRIBUTOR, ITS
515
SUBSIDIARIES, OR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE
516
OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS (AS THE CASE MAY
517
BE), HAVE ANY LIABILITY FOR ANY DIRECT DAMAGES, INDIRECT
518
DAMAGES, PUNITIVE DAMAGES, INCIDENTAL DAMAGES, SPECIAL
519
DAMAGES, EXEMPLARY DAMAGES, CONSEQUENTIAL DAMAGES OR ANY
520
OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS
521
OF USE, DATA OR PROFITS, OR ANY OTHER LOSS ARISING OUT OF OR IN
522
ANY WAY RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE,
523
PERFORMANCE, OR NON-PERFORMANCE OF THE LICENSED WORK OR ANY
524
PART THEREOF OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
525
SERVICES, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS
526
IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF
527
PERFORMANCE), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
528
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
529
NEGLIGENCE OR OTHERWISE) IN RELATION TO OR ARISING IN ANY WAY
530
OUT OF THIS LICENSE OR THE USE OR DISTRIBUTION OF THE LICENSED
531
WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF
532
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
533
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
534
INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
535
APPLICABLE LAW PROHIBITS SUCH LIMITATION. THIS CLAUSE
536
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
537
LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
538
LICENSE INCLUDING WITHOUT LIMITATION THE LIMITATIONS SET FORTH
541
8.2. EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, EACH RECIPIENT
542
SHALL NOT HAVE ANY LIABILITY FOR ANY EXEMPLARY, OR
543
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
544
PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
545
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
546
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
547
DISTRIBUTION OF THE LICENSED WORK OR THE EXERCISE OF ANY RIGHTS
548
GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
549
DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
550
LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
551
PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
554
9. GOVERNING LAW AND LEGAL ACTION.
556
9.1. This License shall be governed by and construed in accordance with the laws of the
557
Governing Jurisdiction assigned in Part 3 of Exhibit A, without regard to its conflict of
558
law provisions. No party may bring a legal action under this License more than one year
559
after the cause of the action arose. Each party waives its rights (if any) to a jury trial in
560
any litigation arising under this License. Note that if the Governing Jurisdiction is not
561
assigned in Part 3 of Exhibit A, then the Governing Jurisdiction shall be the State of New
564
9.2. The courts of the Governing Jurisdiction shall have jurisdiction, but not exclusive
565
jurisdiction, to entertain and determine all disputes and claims, whether for specific
566
performance, injunction, damages or otherwise, both at law and in equity, arising out of
567
or in any way relating to this License, including without limitation, the legality, validity,
568
existence and enforceability of this License. Each party to this License hereby
569
irrevocably attorns to and accepts the jurisdiction of the courts of the Governing
570
Jurisdiction for such purposes.
572
9.3. Except as expressly set forth elsewhere herein, in the event of any action or
573
proceeding brought by any party against another under this License the prevailing party
574
shall be entitled to recover all costs and expenses including the fees of its attorneys in
575
such action or proceeding in such amount as the court may adjudge reasonable.
579
10.1. The obligations imposed by this License are for the benefit of the Initial
580
Contributor and any Recipient, and each Recipient acknowledges and agrees that the
581
Initial Contributor and/or any other Recipient may enforce the terms and conditions of
582
this License against any Recipient.
584
10.2. This License represents the complete agreement concerning subject matter hereof,
585
and supersedes and cancels all previous oral and written communications,
586
representations, agreements and understandings between the parties with respect to the
587
subject matter hereof.
589
10.3. The application of the United Nations Convention on Contracts for the
590
International Sale of Goods is expressly excluded.
592
10.4. The language in all parts of this License shall be in all cases construed simply
593
according to its fair meaning, and not strictly for or against any of the parties hereto. Any
594
law or regulation which provides that the language of a contract shall be construed
595
against the drafter shall not apply to this License.
597
10.5. If any provision of this License is invalid or unenforceable under the laws of the
598
Governing Jurisdiction, it shall not affect the validity or enforceability of the remainder
599
of the terms of this License, and without further action by the parties hereto, such
600
provision shall be reformed to the minimum extent necessary to make such provision
601
valid and enforceable.
603
10.6. The paragraph headings of this License are for reference and convenience only and
604
are not a part of this License, and they shall have no effect upon the construction or
605
interpretation of any part hereof.
607
10.7. Each of the terms "including", "include" and "includes", when used in this License,
608
is not limiting whether or not non-limiting language (such as "without limitation" or "but
609
not limited to" or words of similar import) is used with reference thereto.
611
10.8. The parties hereto acknowledge they have expressly required that this License and
612
notices relating thereto be drafted in the English language.
614
//***THE LICENSE TERMS END HERE (OTHER THAN AS SET OUT IN EXHIBIT
617
EXHIBIT A (to the Adaptive Public License)
619
PART 1: INITIAL CONTRIBUTOR AND DESIGNATED WEB SITE The Initial
620
Contributor is: MusicIP Corporation (www.musicip.com)
622
Address of Initial Contributor:
624
605 E. Huntington Dr., Suite 201
625
Monrovia, California, 91016 USA
628
[Enter address above]
630
The Designated Web Site is: http://www.musicdns.org/
632
NOTE: The Initial Contributor is to complete this Part 1, along with Parts 2, 3, and 5,
633
and, if applicable, Parts 4 and 6.
637
The Initial Work comprises the computer program(s) distributed by the Initial
638
Contributor having the following title(s): ___LIBOFA (Open Fingerprint Architecture
641
The date on which the Initial Work was first available under this License: __March 11th,
644
PART 3: GOVERNING JURISDICTION
646
For the purposes of this License, the Governing Jurisdiction is State of California, USA.
650
PART 4: THIRD PARTIES
652
For the purposes of this License, "Third Party" has the definition set forth below in the
653
ONE paragraph selected by the Initial Contributor from paragraphs A, B, C, D and E
654
when the Initial Work is distributed or otherwise made available by the Initial
655
Contributor. To select one of the following paragraphs, the Initial Contributor must place
656
an "X" or "x" in the selection box alongside the one respective paragraph selected.
657
SELECTION BOX PARAGRAPH [ ] A. "THIRD PARTY" means any third party.
659
[X] B. "THIRD PARTY" means any third party except for any of the following: (a) a
660
wholly owned subsidiary of the Subsequent Contributor in question; (b) a legal entity (the
661
"PARENT") that wholly owns the Subsequent Contributor in question; or (c) a wholly
662
owned subsidiary of the wholly owned subsidiary in (a) or of the Parent in (b).
664
[ ] C. "THIRD PARTY" means any third party except for any of the following: (a)
665
any Person directly or indirectly owning a majority of the voting interest in the
666
Subsequent Contributor or (b) any Person in which the Subsequent Contributor directly
667
or indirectly owns a majority voting interest.
669
[ ] D. "THIRD PARTY" means any third party except for any Person directly or
670
indirectly controlled by the Subsequent Contributor. For purposes of this definition,
671
"control" shall mean the power to direct or cause the direction of, the management and
672
policies of such Person whether through the ownership of voting interests, by contract, or
675
[ ] E. "THIRD PARTY" means any third party except for any Person directly or
676
indirectly controlling, controlled by, or under common control with the Subsequent
677
Contributor. For purposes of this definition, "control" shall mean the power to direct or
678
cause the direction of, the management and policies of such Person whether through the
679
ownership of voting interests, by contract, or otherwise.
681
The default definition of "THIRD PARTY" is the definition set forth in paragraph A, if
682
NONE OR MORE THAN ONE of paragraphs A, B, C, D or E in this Part 4 are selected
683
by the Initial Contributor.
687
THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THE ADAPTIVE
688
PUBLIC LICENSE ("LICENSE") AS FIRST COMPLETED BY: MusicIP Corporation,
689
Doing Business As MusicIP. ANY USE, PUBLIC DISPLAY, PUBLIC
690
PERFORMANCE, REPRODUCTION OR DISTRIBUTION OF, OR PREPARATION
691
OF DERIVATIVE WORKS BASED ON, THE LICENSED WORK CONSTITUTES
692
RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND ITS TERMS, WHETHER OR
693
NOT SUCH RECIPIENT READS THE TERMS OF THE LICENSE. "LICENSED
694
WORK" AND "RECIPIENT" ARE DEFINED IN THE LICENSE. A COPY OF THE
695
LICENSE IS LOCATED IN THE TEXT FILE ENTITLED "LICENSE.TXT"
696
ACCOMPANYING THE CONTENTS OF THIS FILE. IF A COPY OF THE LICENSE
697
DOES NOT ACCOMPANY THIS FILE, A COPY OF THE LICENSE MAY ALSO BE
698
OBTAINED AT THE FOLLOWING WEB SITE: http://www.musicdns.org/
700
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT
701
WARRANTY OF ANY KIND, either express or implied. See the License for the specific
702
language governing rights and limitations under the License.
704
PART 6: PATENT LICENSING TERMS
706
For the purposes of this License, paragraphs A, B, C, D and E of this Part 6 of Exhibit A
707
are only incorporated and form part of the terms of the License if the Initial Contributor
708
places an "X" or "x" in the selection box alongside the YES answer to the question
711
Is this a Patents-Included License pursuant to Section 2.2 of the License?
715
By default, if YES is not selected by the Initial Contributor, the answer is NO.
717
A. For the purposes of the paragraphs in this Part 6 of Exhibit A, "LICENSABLE"
718
means having the right to grant, to the maximum extent possible, whether at the time of
719
the initial grant or subsequently acquired, any and all of the rights granted herein.
721
B. The Initial Contributor hereby grants all Recipients a world-wide, royalty-free, non-
722
exclusive license, subject to third party intellectual property claims, under patent claim(s)
723
Licensable by the Initial Contributor that are or would be infringed by the making, using,
724
selling, offering for sale, having made, importing, exporting, transfer or disposal of such
725
Initial Work or any portion thereof. Notwithstanding the foregoing, no patent license is
726
granted under this Paragraph B by the Initial Contributor: (1) for any code that the Initial
727
Contributor deletes from the Initial Work (or any portion thereof) distributed by the
728
Initial Contributor prior to such distribution; (2) for any Modifications made to the Initial
729
Work (or any portion thereof) by any other Person; or (3) separate from the Initial Work
730
(or portions thereof) distributed or made available by the Initial Contributor.
732
C. Effective upon distribution by a Subsequent Contributor to a Third Party of any
733
Modifications made by that Subsequent Contributor, such Subsequent Contributor hereby
734
grants all Recipients a world-wide, royalty-free, non-exclusive license, subject to third
735
party intellectual property claims, under patent claim(s) Licensable by such Subsequent
736
Contributor that are or would be infringed by the making, using, selling, offering for sale,
737
having made, importing, exporting, transfer or disposal of any such Modifications made
738
by that Subsequent Contributor alone and/or in combination with its Subsequent Work
739
(or portions of such combination) to make, use, sell, offer for sale, have made, import,
740
export, transfer and otherwise dispose of:
742
(1) Modifications made by that Subsequent Contributor (or portions thereof); and
744
(2) the combination of Modifications made by that Subsequent Contributor with its
745
Subsequent Work (or portions of such combination);
747
(collectively and in each case, the "SUBSEQUENT CONTRIBUTOR VERSION").
749
Notwithstanding the foregoing, no patent license is granted under this Paragraph C by
750
such Subsequent Contributor: (1) for any code that such Subsequent Contributor deletes
751
from the Subsequent Contributor Version (or any portion thereof) distributed by the
752
Subsequent Contributor prior to such distribution; (2) for any Modifications made to the
753
Subsequent Contributor Version (or any portion thereof) by any other Person; or (3)
754
separate from the Subsequent Contributor Version (or portions thereof) distributed or
755
made available by the Subsequent Contributor.
757
D. Effective upon distribution of any Licensed Work by a Distributor to a Third Party,
758
such Distributor hereby grants all Recipients a world-wide, royalty-free, non-exclusive
759
license, subject to third party intellectual property claims, under patent claim(s)
760
Licensable by such Distributor that are or would be infringed by the making, using,
761
selling, offering for sale, having made, importing, exporting, transfer or disposal of any
762
such Licensed Work distributed by such Distributor, to make, use, sell, offer for sale,
763
have made, import, export, transfer and otherwise dispose of such Licensed Work or
764
portions thereof (collectively and in each case, the "DISTRIBUTOR VERSION").
765
Notwithstanding the foregoing, no patent license is granted under this Paragraph D by
766
such Distributor: (1) for any code that such Distributor deletes from the Distributor
767
Version (or any portion thereof) distributed by the Distributor prior to such distribution;
768
(2) for any Modifications made to the Distributor Version (or any portion thereof) by any
769
other Person; or (3) separate from the Distributor Version (or portions thereof) distributed
770
or made available by the Distributor.
772
E. If Recipient institutes patent litigation against another Recipient (a "USER") with
773
respect to a patent applicable to a computer program or software (including a cross-claim
774
or counterclaim in a lawsuit, and whether or not any of the patent claims are directed to a
775
system, method, process, apparatus, device, product, article of manufacture or any other
776
form of patent claim), then any patent or copyright license granted by that User to such
777
Recipient under this License or any other copy of this License shall terminate. The
778
termination shall be effective ninety (90) days after notice of termination from User to
779
Recipient, unless the Recipient withdraws the patent litigation claim before the end of the
780
ninety (90) day period. To be effective, any such notice of license termination must
781
include a specific list of applicable patents and/or a copy of the copyrighted work of User
782
that User alleges will be infringed by Recipient upon License termination. License
783
termination is only effective with respect to patents and/or copyrights for which proper
784
notice has been given.
786
PART 7: SAMPLE REQUIREMENTS FOR THE DESCRIPTION OF DISTRIBUTED
789
Each Subsequent Contributor (including the Initial Contributor where the Initial
790
Contributor qualifies as a Subsequent Contributor) is invited (but not required) to cause
791
each Subsequent Work created or contributed to by that Subsequent Contributor to
792
contain a file documenting the changes such Subsequent Contributor made to create that
793
Subsequent Work and the date of any change.
795
//***EXHIBIT A ENDS HERE.***//
797
-- with the following supplement --
799
Supplemental Text file for Open Fingerprint Architecture library (LIBOFA) distributed
800
under Adaptive Public License 1.0
802
Per Section 3.10, LIMITED RECOGNITION OF INITIAL CONTRIBUTOR
804
(a) As a modest attribution to the Initial Contributor, in the hope that its promotional
805
value may help justify the time, money and effort invested in writing the Initial Work, the
806
Initial Contributor may include in Part 2 of the Supplement File a requirement that each
807
time an executable program resulting from the Initial Work or any Subsequent Work, or a
808
program dependent thereon, is launched or run, a prominent display of the Initial
809
Contributor's attribution information must occur (the "ATTRIBUTION
810
INFORMATION"). The Attribution Information must be included at the beginning of
811
each Source Code file. For greater certainty, the Initial Contributor may specify in the
812
Supplement File that the above attribution requirement only applies to an executable
813
program resulting from the Initial Work or any Subsequent Work, but not a program
814
dependent thereon. The intent is to provide for reasonably modest attribution, therefore
815
the Initial Contributor may not require Recipients to display, at any time, more than the
816
following Attribution Information: (a) a copyright notice including the name of the Initial
817
Contributor; (b) a word or one phrase (not exceeding 10 words); (c) one digital image or
818
graphic provided with the Initial Work; and (d) a URL (collectively, the
819
"ATTRIBUTION LIMITS").�
821
The attribution requested by MusicIP for this source code is:
822
(c) a digital image�connected_by_musicip.gif or connected_by_musicip.png included
823
with this source code, also available from
824
http://www.musicip.com/connected_by_musicip.gif or
825
http://www.musicip.com/connected_by_musicip.png
827
(d) a URL. The image should be hyperlinked to http://www.musicip.com/
829
MusicIP requests that the image be legibly presented against a contrasting (light)
830
background color such as white or light grey.
837
-- or you can use this license --
843
GNU GENERAL PUBLIC LICENSE
846
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
847
51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA
848
Everyone is permitted to copy and distribute verbatim copies
849
of this license document, but changing it is not allowed.
853
The licenses for most software are designed to take away your
854
freedom to share and change it. By contrast, the GNU General Public
855
License is intended to guarantee your freedom to share and change free
856
software--to make sure the software is free for all its users. This
857
General Public License applies to most of the Free Software
858
Foundation's software and to any other program whose authors commit to
859
using it. (Some other Free Software Foundation software is covered by
860
the GNU Library General Public License instead.) You can apply it to
863
When we speak of free software, we are referring to freedom, not
864
price. Our General Public Licenses are designed to make sure that you
865
have the freedom to distribute copies of free software (and charge for
866
this service if you wish), that you receive source code or can get it
867
if you want it, that you can change the software or use pieces of it
868
in new free programs; and that you know you can do these things.
870
To protect your rights, we need to make restrictions that forbid
871
anyone to deny you these rights or to ask you to surrender the rights.
872
These restrictions translate to certain responsibilities for you if you
873
distribute copies of the software, or if you modify it.
875
For example, if you distribute copies of such a program, whether
876
gratis or for a fee, you must give the recipients all the rights that
877
you have. You must make sure that they, too, receive or can get the
878
source code. And you must show them these terms so they know their
881
We protect your rights with two steps: (1) copyright the software, and
882
(2) offer you this license which gives you legal permission to copy,
883
distribute and/or modify the software.
885
Also, for each author's protection and ours, we want to make certain
886
that everyone understands that there is no warranty for this free
887
software. If the software is modified by someone else and passed on, we
888
want its recipients to know that what they have is not the original, so
889
that any problems introduced by others will not reflect on the original
890
authors' reputations.
892
Finally, any free program is threatened constantly by software
893
patents. We wish to avoid the danger that redistributors of a free
894
program will individually obtain patent licenses, in effect making the
895
program proprietary. To prevent this, we have made it clear that any
896
patent must be licensed for everyone's free use or not licensed at all.
898
The precise terms and conditions for copying, distribution and
901
GNU GENERAL PUBLIC LICENSE
902
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
904
0. This License applies to any program or other work which contains
905
a notice placed by the copyright holder saying it may be distributed
906
under the terms of this General Public License. The "Program", below,
907
refers to any such program or work, and a "work based on the Program"
908
means either the Program or any derivative work under copyright law:
909
that is to say, a work containing the Program or a portion of it,
910
either verbatim or with modifications and/or translated into another
911
language. (Hereinafter, translation is included without limitation in
912
the term "modification".) Each licensee is addressed as "you".
914
Activities other than copying, distribution and modification are not
915
covered by this License; they are outside its scope. The act of
916
running the Program is not restricted, and the output from the Program
917
is covered only if its contents constitute a work based on the
918
Program (independent of having been made by running the Program).
919
Whether that is true depends on what the Program does.
921
1. You may copy and distribute verbatim copies of the Program's
922
source code as you receive it, in any medium, provided that you
923
conspicuously and appropriately publish on each copy an appropriate
924
copyright notice and disclaimer of warranty; keep intact all the
925
notices that refer to this License and to the absence of any warranty;
926
and give any other recipients of the Program a copy of this License
927
along with the Program.
929
You may charge a fee for the physical act of transferring a copy, and
930
you may at your option offer warranty protection in exchange for a fee.
932
2. You may modify your copy or copies of the Program or any portion
933
of it, thus forming a work based on the Program, and copy and
934
distribute such modifications or work under the terms of Section 1
935
above, provided that you also meet all of these conditions:
937
a) You must cause the modified files to carry prominent notices
938
stating that you changed the files and the date of any change.
940
b) You must cause any work that you distribute or publish, that in
941
whole or in part contains or is derived from the Program or any
942
part thereof, to be licensed as a whole at no charge to all third
943
parties under the terms of this License.
945
c) If the modified program normally reads commands interactively
946
when run, you must cause it, when started running for such
947
interactive use in the most ordinary way, to print or display an
948
announcement including an appropriate copyright notice and a
949
notice that there is no warranty (or else, saying that you provide
950
a warranty) and that users may redistribute the program under
951
these conditions, and telling the user how to view a copy of this
952
License. (Exception: if the Program itself is interactive but
953
does not normally print such an announcement, your work based on
954
the Program is not required to print an announcement.)
956
These requirements apply to the modified work as a whole. If
957
identifiable sections of that work are not derived from the Program,
958
and can be reasonably considered independent and separate works in
959
themselves, then this License, and its terms, do not apply to those
960
sections when you distribute them as separate works. But when you
961
distribute the same sections as part of a whole which is a work based
962
on the Program, the distribution of the whole must be on the terms of
963
this License, whose permissions for other licensees extend to the
964
entire whole, and thus to each and every part regardless of who wrote it.
966
Thus, it is not the intent of this section to claim rights or contest
967
your rights to work written entirely by you; rather, the intent is to
968
exercise the right to control the distribution of derivative or
969
collective works based on the Program.
971
In addition, mere aggregation of another work not based on the Program
972
with the Program (or with a work based on the Program) on a volume of
973
a storage or distribution medium does not bring the other work under
974
the scope of this License.
976
3. You may copy and distribute the Program (or a work based on it,
977
under Section 2) in object code or executable form under the terms of
978
Sections 1 and 2 above provided that you also do one of the following:
980
a) Accompany it with the complete corresponding machine-readable
981
source code, which must be distributed under the terms of Sections
982
1 and 2 above on a medium customarily used for software interchange; or,
984
b) Accompany it with a written offer, valid for at least three
985
years, to give any third party, for a charge no more than your
986
cost of physically performing source distribution, a complete
987
machine-readable copy of the corresponding source code, to be
988
distributed under the terms of Sections 1 and 2 above on a medium
989
customarily used for software interchange; or,
991
c) Accompany it with the information you received as to the offer
992
to distribute corresponding source code. (This alternative is
993
allowed only for noncommercial distribution and only if you
994
received the program in object code or executable form with such
995
an offer, in accord with Subsection b above.)
997
The source code for a work means the preferred form of the work for
998
making modifications to it. For an executable work, complete source
999
code means all the source code for all modules it contains, plus any
1000
associated interface definition files, plus the scripts used to
1001
control compilation and installation of the executable. However, as a
1002
special exception, the source code distributed need not include
1003
anything that is normally distributed (in either source or binary
1004
form) with the major components (compiler, kernel, and so on) of the
1005
operating system on which the executable runs, unless that component
1006
itself accompanies the executable.
1008
If distribution of executable or object code is made by offering
1009
access to copy from a designated place, then offering equivalent
1010
access to copy the source code from the same place counts as
1011
distribution of the source code, even though third parties are not
1012
compelled to copy the source along with the object code.
1014
4. You may not copy, modify, sublicense, or distribute the Program
1015
except as expressly provided under this License. Any attempt
1016
otherwise to copy, modify, sublicense or distribute the Program is
1017
void, and will automatically terminate your rights under this License.
1018
However, parties who have received copies, or rights, from you under
1019
this License will not have their licenses terminated so long as such
1020
parties remain in full compliance.
1022
5. You are not required to accept this License, since you have not
1023
signed it. However, nothing else grants you permission to modify or
1024
distribute the Program or its derivative works. These actions are
1025
prohibited by law if you do not accept this License. Therefore, by
1026
modifying or distributing the Program (or any work based on the
1027
Program), you indicate your acceptance of this License to do so, and
1028
all its terms and conditions for copying, distributing or modifying
1029
the Program or works based on it.
1031
6. Each time you redistribute the Program (or any work based on the
1032
Program), the recipient automatically receives a license from the
1033
original licensor to copy, distribute or modify the Program subject to
1034
these terms and conditions. You may not impose any further
1035
restrictions on the recipients' exercise of the rights granted herein.
1036
You are not responsible for enforcing compliance by third parties to
1039
7. If, as a consequence of a court judgment or allegation of patent
1040
infringement or for any other reason (not limited to patent issues),
1041
conditions are imposed on you (whether by court order, agreement or
1042
otherwise) that contradict the conditions of this License, they do not
1043
excuse you from the conditions of this License. If you cannot
1044
distribute so as to satisfy simultaneously your obligations under this
1045
License and any other pertinent obligations, then as a consequence you
1046
may not distribute the Program at all. For example, if a patent
1047
license would not permit royalty-free redistribution of the Program by
1048
all those who receive copies directly or indirectly through you, then
1049
the only way you could satisfy both it and this License would be to
1050
refrain entirely from distribution of the Program.
1052
If any portion of this section is held invalid or unenforceable under
1053
any particular circumstance, the balance of the section is intended to
1054
apply and the section as a whole is intended to apply in other
1057
It is not the purpose of this section to induce you to infringe any
1058
patents or other property right claims or to contest validity of any
1059
such claims; this section has the sole purpose of protecting the
1060
integrity of the free software distribution system, which is
1061
implemented by public license practices. Many people have made
1062
generous contributions to the wide range of software distributed
1063
through that system in reliance on consistent application of that
1064
system; it is up to the author/donor to decide if he or she is willing
1065
to distribute software through any other system and a licensee cannot
1068
This section is intended to make thoroughly clear what is believed to
1069
be a consequence of the rest of this License.
1071
8. If the distribution and/or use of the Program is restricted in
1072
certain countries either by patents or by copyrighted interfaces, the
1073
original copyright holder who places the Program under this License
1074
may add an explicit geographical distribution limitation excluding
1075
those countries, so that distribution is permitted only in or among
1076
countries not thus excluded. In such case, this License incorporates
1077
the limitation as if written in the body of this License.
1079
9. The Free Software Foundation may publish revised and/or new versions
1080
of the General Public License from time to time. Such new versions will
1081
be similar in spirit to the present version, but may differ in detail to
1082
address new problems or concerns.
1084
Each version is given a distinguishing version number. If the Program
1085
specifies a version number of this License which applies to it and "any
1086
later version", you have the option of following the terms and conditions
1087
either of that version or of any later version published by the Free
1088
Software Foundation. If the Program does not specify a version number of
1089
this License, you may choose any version ever published by the Free Software
1092
10. If you wish to incorporate parts of the Program into other free
1093
programs whose distribution conditions are different, write to the author
1094
to ask for permission. For software which is copyrighted by the Free
1095
Software Foundation, write to the Free Software Foundation; we sometimes
1096
make exceptions for this. Our decision will be guided by the two goals
1097
of preserving the free status of all derivatives of our free software and
1098
of promoting the sharing and reuse of software generally.
1102
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
1103
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
1104
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
1105
PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
1106
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
1107
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
1108
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
1109
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
1110
REPAIR OR CORRECTION.
1112
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
1113
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
1114
REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
1115
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
1116
OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
1117
TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
1118
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
1119
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
1120
POSSIBILITY OF SUCH DAMAGES.
1122
END OF TERMS AND CONDITIONS
1124
How to Apply These Terms to Your New Programs
1126
If you develop a new program, and you want it to be of the greatest
1127
possible use to the public, the best way to achieve this is to make it
1128
free software which everyone can redistribute and change under these terms.
1130
To do so, attach the following notices to the program. It is safest
1131
to attach them to the start of each source file to most effectively
1132
convey the exclusion of warranty; and each file should have at least
1133
the "copyright" line and a pointer to where the full notice is found.
1135
<one line to give the program's name and a brief idea of what it does.>
1136
Copyright (C) <year> <name of author>
1138
This program is free software; you can redistribute it and/or modify
1139
it under the terms of the GNU General Public License as published by
1140
the Free Software Foundation; either version 2 of the License, or
1141
(at your option) any later version.
1143
This program is distributed in the hope that it will be useful,
1144
but WITHOUT ANY WARRANTY; without even the implied warranty of
1145
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
1146
GNU General Public License for more details.
1148
You should have received a copy of the GNU General Public License
1149
along with this program; if not, write to the Free Software
1150
Foundation, Inc., 51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA
1153
Also add information on how to contact you by electronic and paper mail.
1155
If the program is interactive, make it output a short notice like this
1156
when it starts in an interactive mode:
1158
Gnomovision version 69, Copyright (C) year name of author
1159
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'.
1160
This is free software, and you are welcome to redistribute it
1161
under certain conditions; type `show c' for details.
1163
The hypothetical commands `show w' and `show c' should show the appropriate
1164
parts of the General Public License. Of course, the commands you use may
1165
be called something other than `show w' and `show c'; they could even be
1166
mouse-clicks or menu items--whatever suits your program.
1168
You should also get your employer (if you work as a programmer) or your
1169
school, if any, to sign a "copyright disclaimer" for the program, if
1170
necessary. Here is a sample; alter the names:
1172
Yoyodyne, Inc., hereby disclaims all copyright interest in the program
1173
`Gnomovision' (which makes passes at compilers) written by James Hacker.
1175
<signature of Ty Coon>, 1 April 1989
1176
Ty Coon, President of Vice
1178
This General Public License does not permit incorporating your program into
1179
proprietary programs. If your program is a subroutine library, you may
1180
consider it more useful to permit linking proprietary applications with the
1181
library. If this is what you want to do, use the GNU Library General
1182
Public License instead of this License.