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THOR Public Licence (TPL)
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0. Notes of Origin
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0.1 As required by paragraph 6.3 of the "Mozilla Public Licence",
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"MPL" in the following, it is hereby stated that this Licence
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condition ("TPL") differs in the following items from the original
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"Mozilla Public Licence" as provided by "Netscape Communications
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Corporation":
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a) Paragraphs 6.2 and 6.3 of the MPL has been modified to bind licence
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modifications to the Author of this Licence, Thomas Richter.
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b) Paragraph 11 has been modified to gover this Licence by German
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law rather than Californian Law.
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c) The licence has been renamed to "TPL" and "THOR Public
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Licence". All references towards "MPL" have been removed except in
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section 0 to indicate the difference from "MPL".
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No other modifications have been made.
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1. Definitions.
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1.0.1. "Commercial Use" means distribution or otherwise making the
|
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Covered Code available to a third party.
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1.1. "Contributor" means each entity that creates or contributes to
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the creation of Modifications.
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1.2. "Contributor Version" means the combination of the Original Code,
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prior Modifications used by a Contributor, and the Modifications made
|
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by that particular Contributor.
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1.3. "Covered Code" means the Original Code or Modifications or the
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||||
combination of the Original Code and Modifications, in each case
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including portions thereof.
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1.4. "Electronic Distribution Mechanism" means a mechanism generally
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accepted in the software development community for the electronic
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transfer of data.
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1.5. "Executable" means Covered Code in any form other than Source
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Code.
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1.6. "Initial Developer" means the individual or entity identified as
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||||
the Initial Developer in the Source Code notice required by Exhibit A.
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1.7. "Larger Work" means a work which combines Covered Code or
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portions thereof with code not governed by the terms of this License.
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1.8. "License" means this document.
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1.8.1. "Licensable" means having the right to grant, to the maximum
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extent possible, whether at the time of the initial grant or
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subsequently acquired, any and all of the rights conveyed herein.
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1.9. "Modifications" means any addition to or deletion from the
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substance or structure of either the Original Code or any previous
|
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Modifications. When Covered Code is released as a series of files, a
|
||||
Modification is: A. Any addition to or deletion from the contents of a
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file containing Original Code or previous Modifications.
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B. Any new file that contains any part of the Original Code or
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previous Modifications.
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1.10. "Original Code" means Source Code of computer software code
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which is described in the Source Code notice required by Exhibit A as
|
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Original Code, and which, at the time of its release under this
|
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License is not already Covered Code governed by this License.
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1.10.1. "Patent Claims" means any patent claim(s), now owned or
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hereafter acquired, including without limitation, method, process, and
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apparatus claims, in any patent Licensable by grantor.
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1.11. "Source Code" means the preferred form of the Covered Code for
|
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making modifications to it, including all modules it contains, plus
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any associated interface definition files, scripts used to control
|
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compilation and installation of an Executable, or source code
|
||||
differential comparisons against either the Original Code or another
|
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well known, available Covered Code of the Contributor's choice. The
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Source Code can be in a compressed or archival form, provided the
|
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appropriate decompression or de-archiving software is widely available
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for no charge.
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1.12. "You" (or "Your") means an individual or a legal entity
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exercising rights under, and complying with all of the terms of, this
|
||||
License or a future version of this License issued under Section
|
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6.1. For legal entities, "You" includes any entity which controls, is
|
||||
controlled by, or is under common control with You. For purposes of
|
||||
this definition, "control" means (a) the power, direct or indirect, to
|
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cause the direction or management of such entity, whether by contract
|
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or otherwise, or (b) ownership of more than fifty percent (50%) of the
|
||||
outstanding shares or beneficial ownership of such entity.
|
||||
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||||
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.
|
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|
||||
2.2. Contributor Grant. Subject to third party intellectual property
|
||||
claims, each Contributor hereby grants You a world-wide, royalty-free,
|
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non-exclusive license
|
||||
|
||||
(a) under intellectual property rights (other than patent or
|
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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
|
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basis, with other Modifications, as Covered Code and/or as part of a
|
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Larger Work; and
|
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|
||||
(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.
|
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|
||||
(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.
|
||||
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||||
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||||
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 that the
|
||||
license for the Executable version does not attempt to limit or alter
|
||||
the recipient's rights in the Source Code version from the rights set
|
||||
forth in this License. If You distribute the Executable version under
|
||||
a different license You must make it absolutely clear that any terms
|
||||
which differ from this License are offered by You alone, not by the
|
||||
Initial Developer or any Contributor. You hereby agree to indemnify
|
||||
the Initial Developer and every Contributor for any liability incurred
|
||||
by the Initial Developer or such Contributor as a result of any such
|
||||
terms You offer.
|
||||
|
||||
3.7. Larger Works. You may create a Larger Work by combining Covered
|
||||
Code with other code not governed by the terms of this License and
|
||||
distribute the Larger Work as a single product. In such a case, You
|
||||
must make sure the requirements of this License are fulfilled for the
|
||||
Covered Code.
|
||||
|
||||
4. Inability to Comply Due to Statute or Regulation.
|
||||
|
||||
If it is impossible for You to comply with any of the terms of this
|
||||
License with respect to some or all of the Covered Code due to
|
||||
statute, 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. Thomas Richter 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 Thomas Richter. No one other than Thomas Richter
|
||||
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 "TPL", "THOR Software",
|
||||
"Thomas Richter" or any confusingly similar phrase 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 THOR 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.)
|
||||
|
||||
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
|
||||
German 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 Federal Republic of
|
||||
Germany, any litigation relating to this License shall be subject to
|
||||
the jurisdiction of the Federal Courts of the Federal Republic of
|
||||
Germany, with the losing party responsible for costs, including
|
||||
without limitation, court costs and reasonable attorneys' fees and
|
||||
expenses. 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 TPL or the alternative licenses, if any, specified by the
|
||||
Initial Developer in the file described in Exhibit A.
|
||||
|
||||
|
||||
EXHIBIT A - THOR Public License.
|
||||
|
||||
The contents of this file are subject to the THOR Public License
|
||||
Version 1.0 (the "License"); you may not use this file except in
|
||||
compliance with the License.
|
||||
|
||||
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 specificlanguage 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): ______________________________________.
|
||||
|
||||
Alternatively, the contents of this file may be used under the terms
|
||||
of the _____ license (the [___] License), in which case the provisions
|
||||
of [______] License are applicable instead of those above. If you
|
||||
wish to allow use of your version of this file only under the terms of
|
||||
the [____] License and not to allow others to use your version of this
|
||||
file under the TPL, indicate your decision by deleting the provisions
|
||||
above and replace them with the notice and other provisions required
|
||||
by the [___] License. If you do not delete the provisions above, a
|
||||
recipient may use your version of this file under either the TPL or
|
||||
the [___] License."
|
||||
|
||||
[NOTE: The text of this Exhibit A may differ slightly from the text of
|
||||
the notices in the Source Code files of the Original Code. You should
|
||||
use the text of this Exhibit A rather than the text found in the
|
||||
Original Code Source Code for Your Modifications.]
|
Reference in New Issue
Block a user