audiogame-manager/LICENSE

Common Public Attribution License Version 1.0 (CPAL-1.0)

SPDX short identifier: CPAL-1.0

Common Public Attribution License Version 1.0 (CPAL-1.0)

1. “Definitions”

    1.0.1 “Commercial Use” means distribution or otherwise making the Covered
    Code available to a third party.

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

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

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

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

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

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

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

    1.8 “License” means this document.

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

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

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

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

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

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

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

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

2. Source Code License.

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

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

        (b) under Patents Claims infringed by the making, using or selling of
        Original Code, to make, have made, use, practice, sell, and offer for
        sale, and/or otherwise dispose of the Original Code (or portions
        thereof).

        (c) the licenses granted in this Section 2.1(a) and (b) are effective
        on the date Initial Developer first distributes Original Code under the
        terms of this License.

        (d) Notwithstanding Section 2.1(b) above, no patent license is granted:
        1) for code that You delete from the Original Code; 2) separate from
        the Original Code; or 3) for infringements caused by: i) the
        modification of the Original Code or ii) the combination of the
        Original Code with other software or devices.

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

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

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

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

        (d) Notwithstanding Section 2.2(b) above, no patent license is granted:
        1) for any code that Contributor has deleted from the Contributor
        Version; 2) separate from the Contributor Version; 3) for infringements
        caused by: i) third party modifications of Contributor Version or ii)
        the combination of Modifications made by that Contributor with other
        software (except as part of the Contributor Version) or other devices;
        or 4) under Patent Claims infringed by Covered Code in the absence of
        Modifications made by that Contributor.

3. Distribution Obligations.

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

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

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

    3.4 Intellectual Property Matters

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

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

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

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

    3.6 Distribution of Executable Versions.
    You may distribute Covered Code in Executable form only if the requirements
    of Section 3.1-3.5 have been met for that Covered Code, and if You include
    a notice stating that the Source Code version of the Covered Code is
    available under the terms of this License, including a description of how
    and where You have fulfilled the obligations of Section 3.2. The notice
    must be conspicuously included in any notice in an Executable version,
    related documentation or collateral in which You describe recipients’
    rights relating to the Covered Code. You may distribute the Executable
    version of Covered Code or ownership rights under a license of Your choice,
    which may contain terms different from this License, provided that You are
    in compliance with the terms of this License and 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, Original
    Developer or any Contributor. You hereby agree to indemnify the Initial
    Developer, Original Developer and every Contributor for any liability
    incurred by the Initial Developer, Original 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.
    Socialtext, Inc. (“Socialtext”) 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 Socialtext. No one other
    than Socialtext 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
    “Socialtext”, “CPAL” 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 CPAL. (Filling in the name of the Initial
    Developer, Original 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, ORIGINAL 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, Original
    Developer or a Contributor (the Initial Developer, Original 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,
    ORIGINAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
    CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
    ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
    CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
    STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
    DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
    POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY
    TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S
    NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME
    JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
    CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO
    YOU.

10. U.S. GOVERNMENT END USERS.

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

11. MISCELLANEOUS.

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

12. RESPONSIBILITY FOR CLAIMS.

    As between Initial Developer, Original 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, Original 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 CPAL or the alternative licenses, if any, specified by the Initial
    Developer in the file described in Exhibit A.

14. ADDITIONAL TERM: ATTRIBUTION

    (a) As a modest attribution to the organizer of the development of the
    Original Code (“Original Developer”), in the hope that its promotional
    value may help justify the time, money and effort invested in writing the
    Original Code, the Original Developer may include in Exhibit B
    (“Attribution Information”) a requirement that each time an Executable and
    Source Code or a Larger Work is launched or initially run (which includes
    initiating a session), a prominent display of the Original Developer’s
    Attribution Information (as defined below) must occur on the graphic user
    interface employed by the end user to access such Covered Code (which may
    include display on a splash screen), if any. The size of the graphic image
    should be consistent with the size of the other elements of the Attribution
    Information. If the access by the end user to the Executable and Source
    Code does not create a graphic user interface for access to the Covered
    Code, this obligation shall not apply. If the Original Code displays such
    Attribution Information in a particular form (such as in the form of a
    splash screen, notice at login, an “about” display, or dedicated
    attribution area on user interface screens), continued use of such form for
    that Attribution Information is one way of meeting this requirement for
    notice.

    (b) Attribution information may only include a copyright notice, a brief
    phrase, graphic image and a URL (“Attribution Information”) and is subject
    to the Attribution Limits as defined below. For these purposes, prominent
    shall mean display for sufficient duration to give reasonable notice to the
    user of the identity of the Original Developer and that if You include
    Attribution Information or similar information for other parties, You must
    ensure that the Attribution Information for the Original Developer shall be
    no less prominent than such Attribution Information or similar information
    for the other party. For greater certainty, the Original Developer may
    choose to specify in Exhibit B below that the above attribution requirement
    only applies to an Executable and Source Code resulting from the Original
    Code or any Modification, but not a Larger Work. The intent is to provide
    for reasonably modest attribution, therefore the Original Developer cannot
    require that You display, at any time, more than the following information
    as Attribution Information: (a) a copyright notice including the name of
    the Original Developer; (b) a word or one phrase (not exceeding 10 words);
    (c) one graphic image provided by the Original Developer; and (d) a URL
    (collectively, the “Attribution Limits”).

    (c) If Exhibit B does not include any Attribution Information, then there
    are no requirements for You to display any Attribution Information of the
    Original Developer.

    (d) You acknowledge that all trademarks, service marks and/or trade names
    contained within the Attribution Information distributed with the Covered
    Code are the exclusive property of their owners and may only be used with
    the permission of their owners, or under circumstances otherwise permitted
    by law or as expressly set out in this License.

15. ADDITIONAL TERM: NETWORK USE.

    The term “External Deployment” means the use, distribution, or
    communication of the Original Code or Modifications in any way such that
    the Original Code or Modifications may be used by anyone other than You,
    whether those works are distributed or communicated to those persons or
    made available as an application intended for use over a network. As an
    express condition for the grants of license hereunder, You must treat any
    External Deployment by You of the Original Code or Modifications as a
    distribution under section 3.1 and make Source Code available under Section
    3.2.

EXHIBIT A. Common Public Attribution License Version 1.0.

    “The contents of this file are subject to the Common Public Attribution
    License Version 1.0 (the “License”); you may not use this file except in
    compliance with the License. You may obtain a copy of the License at
    _____________. The License is based on the Mozilla Public License Version
    1.1 but Sections 14 and 15 have been added to cover use of software over a
    computer network and provide for limited attribution for the Original
    Developer. In addition, Exhibit A has been modified to be consistent with
    Exhibit B.

     

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

    The Original Code is______________________.

    The Original Developer is not the Initial Developer and is __________. If
    left blank, the Original Developer is the Initial Developer.

    The Initial Developer of the Original Code is ____________. All portions of
    the code written by ___________ are Copyright (c) _____. All Rights
    Reserved.

    Contributor ______________________.

    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 CPAL, 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 CPAL 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.]

EXHIBIT B. Attribution Information

    Attribution Copyright Notice: _______________________

     

    Attribution Phrase (not exceeding 10 words): _______________________

    Attribution URL: _______________________

    Graphic Image as provided in the Covered Code, if any.

    Display of Attribution Information is [required/not required] in Larger
    Works which are defined in the CPAL as a work which combines Covered Code
    or portions thereof with code not governed by the terms of the CPAL.