532 lines
29 KiB
Plaintext
532 lines
29 KiB
Plaintext
Common Public Attribution License Version 1.0 (CPAL-1.0)
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SPDX short identifier: CPAL-1.0
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Common Public Attribution License Version 1.0 (CPAL-1.0)
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1. “Definitions”
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1.0.1 “Commercial Use” means distribution or otherwise making the Covered
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Code available to a third party.
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1.1 “Contributor” means each entity that creates or contributes to the
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creation of Modifications.
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1.2 “Contributor Version” means the combination of the Original Code, prior
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Modifications used by a Contributor, and the Modifications made by that
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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 including
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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 transfer
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of data.
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1.5 “Executable” means Covered Code in any form other than Source Code.
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1.6 “Initial Developer” means the individual or entity identified as the
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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 portions
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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 substance or
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structure of either the Original Code or any previous Modifications. When
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Covered Code is released as a series of files, a Modification is:
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A. Any addition to or deletion from the contents of a file containing
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Original Code or previous Modifications.
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B. Any new file that contains any part of the Original Code or previous
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Modifications.
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1.10 “Original Code” means Source Code of computer software code which is
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described in the Source Code notice required by Exhibit A as Original Code,
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and which, at the time of its release under this License is not already
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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 making
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modifications to it, including all modules it contains, plus any associated
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interface definition files, scripts used to control compilation and
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installation of an Executable, or source code differential comparisons
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against either the Original Code or another well known, available Covered
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Code of the Contributor’s choice. The Source Code can be in a compressed or
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archival form, provided the appropriate decompression or de-archiving
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software is widely available for no charge.
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1.12 “You” (or “Your”) means an individual or a legal entity exercising
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rights under, and complying with all of the terms of, this License or a
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future version of this License issued under Section 6.1. For legal
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entities, “You” includes any entity which controls, is controlled by, or is
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under common control with You. For purposes of this definition, “control”
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means (a) the power, direct or indirect, to cause the direction or
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management of such entity, whether by contract or otherwise, or (b)
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ownership of more than fifty percent (50%) of the outstanding shares or
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beneficial ownership of such entity.
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2. Source Code License.
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2.1 The Initial Developer Grant.
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The Initial Developer hereby grants You a world-wide, royalty-free,
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non-exclusive license, subject to third party intellectual property claims:
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(a) under intellectual property rights (other than patent or trademark)
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Licensable by Initial Developer to use, reproduce, modify, display,
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perform, sublicense and distribute the Original Code (or portions
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thereof) with or without Modifications, and/or as part of a Larger
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Work; and
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(b) under Patents Claims infringed by the making, using or selling of
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Original Code, to make, have made, use, practice, sell, and offer for
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sale, and/or otherwise dispose of the Original Code (or portions
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thereof).
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(c) the licenses granted in this Section 2.1(a) and (b) are effective
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on the date Initial Developer first distributes Original Code under the
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terms of this License.
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(d) Notwithstanding Section 2.1(b) above, no patent license is granted:
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1) for code that You delete from the Original Code; 2) separate from
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the Original Code; or 3) for infringements caused by: i) the
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modification of the Original Code or ii) the combination of the
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Original Code with other software or devices.
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2.2 Contributor Grant.
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Subject to third party intellectual property claims, each Contributor
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hereby grants You a world-wide, royalty-free, non-exclusive license
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(a) under intellectual property rights (other than patent or trademark)
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Licensable by Contributor, to use, reproduce, modify, display, perform,
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sublicense and distribute the Modifications created by such Contributor
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(or portions thereof) either on an unmodified basis, with other
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Modifications, as Covered Code and/or as part of a Larger Work; and
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(b) under Patent Claims infringed by the making, using, or selling of
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Modifications made by that Contributor either alone and/or in
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combination with its Contributor Version (or portions of such
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combination), to make, use, sell, offer for sale, have made, and/or
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otherwise dispose of: 1) Modifications made by that Contributor (or
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portions thereof); and 2) the combination of Modifications made by that
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Contributor with its Contributor Version (or portions of such
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combination).
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(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on
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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:
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1) for any code that Contributor has deleted from the Contributor
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Version; 2) separate from the Contributor Version; 3) for infringements
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caused by: i) third party modifications of Contributor Version or ii)
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the combination of Modifications made by that Contributor with other
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software (except as part of the Contributor Version) or other devices;
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or 4) under Patent Claims infringed by Covered Code in the absence of
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Modifications made by that Contributor.
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3. Distribution Obligations.
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3.1 Application of License.
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The Modifications which You create or to which You contribute are governed
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by the terms of this License, including without limitation Section 2.2. The
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Source Code version of Covered Code may be distributed only under the terms
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of this License or a future version of this License released under Section
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6.1, and You must include a copy of this License with every copy of the
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Source Code You distribute. You may not offer or impose any terms on any
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Source Code version that alters or restricts the applicable version of this
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License or the recipients’ rights hereunder. However, You may include an
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additional document offering the additional rights described in Section
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3.5.
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3.2 Availability of Source Code.
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Any Modification which You create or to which You contribute must be made
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available in Source Code form under the terms of this License either on the
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same media as an Executable version or via an accepted Electronic
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Distribution Mechanism to anyone to whom you made an Executable version
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available; and if made available via Electronic Distribution Mechanism,
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must remain available for at least twelve (12) months after the date it
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initially became available, or at least six (6) months after a subsequent
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version of that particular Modification has been made available to such
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recipients. You are responsible for ensuring that the Source Code version
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remains available even if the Electronic Distribution Mechanism is
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maintained by a third party.
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3.3 Description of Modifications.
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You must cause all Covered Code to which You contribute to contain a file
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documenting the changes You made to create that Covered Code and the date
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of any change. You must include a prominent statement that the Modification
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is derived, directly or indirectly, from Original Code provided by the
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Initial Developer and including the name of the Initial Developer in (a)
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the Source Code, and (b) in any notice in an Executable version or related
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documentation in which You describe the origin or ownership of the Covered
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Code.
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3.4 Intellectual Property Matters
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(a) Third Party Claims.
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If Contributor has knowledge that a license under a third party’s
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intellectual property rights is required to exercise the rights granted
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by such Contributor under Sections 2.1 or 2.2, Contributor must include
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a text file with the Source Code distribution titled “LEGAL” which
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describes the claim and the party making the claim in sufficient detail
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that a recipient will know whom to contact. If Contributor obtains such
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knowledge after the Modification is made available as described in
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Section 3.2, Contributor shall promptly modify the LEGAL file in all
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copies Contributor makes available thereafter and shall take other
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steps (such as notifying appropriate mailing lists or newsgroups)
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reasonably calculated to inform those who received the Covered Code
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that new knowledge has been obtained.
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(b) Contributor APIs.
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If Contributor’s Modifications include an application programming
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interface and Contributor has knowledge of patent licenses which are
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reasonably necessary to implement that API, Contributor must also
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include this information in the LEGAL file.
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(c) Representations.
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Contributor represents that, except as disclosed pursuant to Section
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3.4(a) above, Contributor believes that Contributor’s Modifications are
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Contributor’s original creation(s) and/or Contributor has sufficient
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rights to grant the rights conveyed by this License.
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3.5 Required Notices.
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You must duplicate the notice in Exhibit A in each file of the Source Code.
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If it is not possible to put such notice in a particular Source Code file
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due to its structure, then You must include such notice in a location (such
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as a relevant directory) where a user would be likely to look for such a
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notice. If You created one or more Modification(s) You may add your name as
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a Contributor to the notice described in Exhibit A. You must also duplicate
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this License in any documentation for the Source Code where You describe
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recipients’ rights or ownership rights relating to Covered Code. You may
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choose to offer, and to charge a fee for, warranty, support, indemnity or
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liability obligations to one or more recipients of Covered Code. However,
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You may do so only on Your own behalf, and not on behalf of the Initial
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Developer or any Contributor. You must make it absolutely clear than any
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such warranty, support, indemnity or liability obligation is offered by You
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alone, and You hereby agree to indemnify the Initial Developer and every
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Contributor for any liability incurred by the Initial Developer or such
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Contributor as a result of warranty, support, indemnity or liability terms
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You offer.
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3.6 Distribution of Executable Versions.
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You may distribute Covered Code in Executable form only if the requirements
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of Section 3.1-3.5 have been met for that Covered Code, and if You include
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a notice stating that the Source Code version of the Covered Code is
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available under the terms of this License, including a description of how
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and where You have fulfilled the obligations of Section 3.2. The notice
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must be conspicuously included in any notice in an Executable version,
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related documentation or collateral in which You describe recipients’
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rights relating to the Covered Code. You may distribute the Executable
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version of Covered Code or ownership rights under a license of Your choice,
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which may contain terms different from this License, provided that You are
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in compliance with the terms of this License and that the license for the
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Executable version does not attempt to limit or alter the recipient’s
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rights in the Source Code version from the rights set forth in this
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License. If You distribute the Executable version under a different license
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You must make it absolutely clear that any terms which differ from this
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License are offered by You alone, not by the Initial Developer, Original
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Developer or any Contributor. You hereby agree to indemnify the Initial
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Developer, Original Developer and every Contributor for any liability
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incurred by the Initial Developer, Original Developer or such Contributor
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as a result of any such terms You offer.
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3.7 Larger Works.
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You may create a Larger Work by combining Covered Code with other code not
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governed by the terms of this License and distribute the Larger Work as a
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single product. In such a case, You must make sure the requirements of this
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License are fulfilled for the Covered Code.
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4. Inability to Comply Due to Statute or Regulation.
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If it is impossible for You to comply with any of the terms of this License
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with respect to some or all of the Covered Code due to statute, judicial
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order, or regulation then You must: (a) comply with the terms of this
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License to the maximum extent possible; and (b) describe the limitations
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and the code they affect. Such description must be included in the LEGAL
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file described in Section 3.4 and must be included with all distributions
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of the Source Code. Except to the extent prohibited by statute or
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regulation, such description must be sufficiently detailed for a recipient
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of ordinary skill to be able to understand it.
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5. Application of this License.
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This License applies to code to which the Initial Developer has attached
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the notice in Exhibit A and to related Covered Code.
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6. Versions of the License.
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6.1 New Versions.
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Socialtext, Inc. (“Socialtext”) may publish revised and/or new versions of
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the License from time to time. Each version will be given a distinguishing
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version number.
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6.2 Effect of New Versions.
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Once Covered Code has been published under a particular version of the
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License, You may always continue to use it under the terms of that version.
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You may also choose to use such Covered Code under the terms of any
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subsequent version of the License published by Socialtext. No one other
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than Socialtext has the right to modify the terms applicable to Covered
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Code created under this License.
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6.3 Derivative Works.
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If You create or use a modified version of this License (which you may only
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do in order to apply it to code which is not already Covered Code governed
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by this License), You must (a) rename Your license so that the phrases
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“Socialtext”, “CPAL” or any confusingly similar phrase do not appear in
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your license (except to note that your license differs from this License)
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and (b) otherwise make it clear that Your version of the license contains
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terms which differ from the CPAL. (Filling in the name of the Initial
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Developer, Original Developer, Original Code or Contributor in the notice
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described in Exhibit A shall not of themselves be deemed to be
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modifications of this License.)
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7. DISCLAIMER OF WARRANTY.
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COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT
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WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
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LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS,
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MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE
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RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU.
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SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
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INITIAL DEVELOPER, ORIGINAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
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COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
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WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
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COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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8. TERMINATION.
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8.1 This License and the rights granted hereunder will terminate
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automatically if You fail to comply with terms herein and fail to cure such
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breach within 30 days of becoming aware of the breach. All sublicenses to
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the Covered Code which are properly granted shall survive any termination
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of this License. Provisions which, by their nature, must remain in effect
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beyond the termination of this License shall survive.
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8.2 If You initiate litigation by asserting a patent infringement claim
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(excluding declatory judgment actions) against Initial Developer, Original
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Developer or a Contributor (the Initial Developer, Original Developer or
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Contributor against whom You file such action is referred to as
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“Participant”) alleging that:
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(a) such Participant’s Contributor Version directly or indirectly
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infringes any patent, then any and all rights granted by such
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Participant to You under Sections 2.1 and/or 2.2 of this License shall,
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upon 60 days notice from Participant terminate prospectively, unless if
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within 60 days after receipt of notice You either: (i) agree in writing
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to pay Participant a mutually agreeable reasonable royalty for Your
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past and future use of Modifications made by such Participant, or (ii)
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withdraw Your litigation claim with respect to the Contributor Version
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against such Participant. If within 60 days of notice, a reasonable
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royalty and payment arrangement are not mutually agreed upon in writing
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by the parties or the litigation claim is not withdrawn, the rights
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granted by Participant to You under Sections 2.1 and/or 2.2
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automatically terminate at the expiration of the 60 day notice period
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specified above.
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(b) any software, hardware, or device, other than such Participant’s
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Contributor Version, directly or indirectly infringes any patent, then
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any rights granted to You by such Participant under Sections 2.1(b) and
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2.2(b) are revoked effective as of the date You first made, used, sold,
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distributed, or had made, Modifications made by that Participant.
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8.3 If You assert a patent infringement claim against Participant alleging
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that such Participant’s Contributor Version directly or indirectly
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infringes any patent where such claim is resolved (such as by license or
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settlement) prior to the initiation of patent infringement litigation, then
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the reasonable value of the licenses granted by such Participant under
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Sections 2.1 or 2.2 shall be taken into account in determining the amount
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or value of any payment or license.
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8.4 In the event of termination under Sections 8.1 or 8.2 above, all end
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user license agreements (excluding distributors and resellers) which have
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been validly granted by You or any distributor hereunder prior to
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termination shall survive termination.
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9. LIMITATION OF LIABILITY.
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
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NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER,
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ORIGINAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
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CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
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ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
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CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
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STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
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DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
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POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY
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TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S
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NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME
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JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
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CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO
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YOU.
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10. U.S. GOVERNMENT END USERS.
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The Covered Code is a “commercial item,” as that term is defined in 48
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C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” and
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“commercial computer software documentation,” as such terms are used in 48
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C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
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227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users
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acquire Covered Code with only those rights set forth herein.
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11. MISCELLANEOUS.
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This License represents the complete agreement concerning subject matter
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hereof. If any provision of this License is held to be unenforceable, such
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provision shall be reformed only to the extent necessary to make it
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enforceable. This License shall be governed by California law provisions
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(except to the extent applicable law, if any, provides otherwise),
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excluding its conflict-of-law provisions. With respect to disputes in which
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at least one party is a citizen of, or an entity chartered or registered to
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do business in the United States of America, any litigation relating to
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this License shall be subject to the jurisdiction of the Federal Courts of
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the Northern District of California, with venue lying in Santa Clara
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County, California, with the losing party responsible for costs, including
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without limitation, court costs and reasonable attorneys’ fees and
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expenses. The application of the United Nations Convention on Contracts for
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the International Sale of Goods is expressly excluded. Any law or
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regulation which provides that the language of a contract shall be
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construed against the drafter shall not apply to this License.
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12. RESPONSIBILITY FOR CLAIMS.
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As between Initial Developer, Original Developer and the Contributors, each
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party is responsible for claims and damages arising, directly or
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indirectly, out of its utilization of rights under this License and You
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agree to work with Initial Developer, Original Developer and Contributors
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to distribute such responsibility on an equitable basis. Nothing herein is
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intended or shall be deemed to constitute any admission of liability.
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13. MULTIPLE-LICENSED CODE.
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Initial Developer may designate portions of the Covered Code as
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Multiple-Licensed. Multiple-Licensed means that the Initial Developer
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permits you to utilize portions of the Covered Code under Your choice of
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the CPAL or the alternative licenses, if any, specified by the Initial
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Developer in the file described in Exhibit A.
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14. ADDITIONAL TERM: ATTRIBUTION
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(a) As a modest attribution to the organizer of the development of the
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Original Code (“Original Developer”), in the hope that its promotional
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value may help justify the time, money and effort invested in writing the
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Original Code, the Original Developer may include in Exhibit B
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(“Attribution Information”) a requirement that each time an Executable and
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Source Code or a Larger Work is launched or initially run (which includes
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initiating a session), a prominent display of the Original Developer’s
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Attribution Information (as defined below) must occur on the graphic user
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interface employed by the end user to access such Covered Code (which may
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include display on a splash screen), if any. The size of the graphic image
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||
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
|
||
https://opensource.org/licenses/CPAL-1.0. 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 audiogame manager.
|
||
|
||
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 Billy "Storm Dragon" Wolfe. All portions of
|
||
the code written by Billy Wolfe are Copyright (c) 2020. All Rights
|
||
Reserved.
|
||
|
||
Contributor Michael Taboada.
|
||
|
||
[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: Audiogame manager copyright 2020 Storm Dragon. All rights reserved.
|
||
|
||
|
||
|
||
Attribution Phrase (not exceeding 10 words): A Stormux project
|
||
|
||
Attribution URL: https://stormgames.wolfe.casa
|
||
|
||
Graphic Image as provided in the Covered Code, if any.
|
||
|
||
Display of Attribution Information is 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.
|
||
|