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1265 lines
67 KiB
Markdown
1265 lines
67 KiB
Markdown
Software License Agreement
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==========================
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CKEditor - The text editor for Internet - http://ckeditor.com
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Copyright (c) 2003-2013, CKSource - Frederico Knabben. All rights reserved.
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Licensed under the terms of any of the following licenses at your
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choice:
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- GNU General Public License Version 2 or later (the "GPL")
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http://www.gnu.org/licenses/gpl.html
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(See Appendix A)
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- GNU Lesser General Public License Version 2.1 or later (the "LGPL")
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http://www.gnu.org/licenses/lgpl.html
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(See Appendix B)
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- Mozilla Public License Version 1.1 or later (the "MPL")
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http://www.mozilla.org/MPL/MPL-1.1.html
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(See Appendix C)
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You are not required to, but if you want to explicitly declare the
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license you have chosen to be bound to when using, reproducing,
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modifying and distributing this software, just include a text file
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titled "legal.txt" in your version of this software, indicating your
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license choice. In any case, your choice will not restrict any
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recipient of your version of this software to use, reproduce, modify
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and distribute this software under any of the above licenses.
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Sources of Intellectual Property Included in CKEditor
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-----------------------------------------------------
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Where not otherwise indicated, all CKEditor content is authored by
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CKSource engineers and consists of CKSource-owned intellectual
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property. In some specific instances, CKEditor will incorporate work
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done by developers outside of CKSource with their express permission.
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Trademarks
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----------
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CKEditor is a trademark of CKSource - Frederico Knabben. All other brand
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and product names are trademarks, registered trademarks or service
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marks of their respective holders.
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---
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Appendix A: The GPL License
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---------------------------
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GNU GENERAL PUBLIC LICENSE
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Version 2, June 1991
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Copyright (C) 1989, 1991 Free Software Foundation, Inc.,
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51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
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Everyone is permitted to copy and distribute verbatim copies
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of this license document, but changing it is not allowed.
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Preamble
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The licenses for most software are designed to take away your
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freedom to share and change it. By contrast, the GNU General Public
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License is intended to guarantee your freedom to share and change free
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software-to make sure the software is free for all its users. This
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General Public License applies to most of the Free Software
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Foundation's software and to any other program whose authors commit to
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using it. (Some other Free Software Foundation software is covered by
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the GNU Lesser General Public License instead.) You can apply it to
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your programs, too.
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When we speak of free software, we are referring to freedom, not
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price. Our General Public Licenses are designed to make sure that you
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have the freedom to distribute copies of free software (and charge for
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this service if you wish), that you receive source code or can get it
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if you want it, that you can change the software or use pieces of it
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in new free programs; and that you know you can do these things.
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To protect your rights, we need to make restrictions that forbid
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anyone to deny you these rights or to ask you to surrender the rights.
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These restrictions translate to certain responsibilities for you if you
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distribute copies of the software, or if you modify it.
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For example, if you distribute copies of such a program, whether
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gratis or for a fee, you must give the recipients all the rights that
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you have. You must make sure that they, too, receive or can get the
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source code. And you must show them these terms so they know their
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rights.
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We protect your rights with two steps: (1) copyright the software, and
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(2) offer you this license which gives you legal permission to copy,
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distribute and/or modify the software.
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Also, for each author's protection and ours, we want to make certain
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that everyone understands that there is no warranty for this free
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software. If the software is modified by someone else and passed on, we
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want its recipients to know that what they have is not the original, so
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that any problems introduced by others will not reflect on the original
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authors' reputations.
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Finally, any free program is threatened constantly by software
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patents. We wish to avoid the danger that redistributors of a free
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program will individually obtain patent licenses, in effect making the
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program proprietary. To prevent this, we have made it clear that any
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patent must be licensed for everyone's free use or not licensed at all.
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The precise terms and conditions for copying, distribution and
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modification follow.
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GNU GENERAL PUBLIC LICENSE
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TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
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0. This License applies to any program or other work which contains
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a notice placed by the copyright holder saying it may be distributed
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under the terms of this General Public License. The "Program", below,
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refers to any such program or work, and a "work based on the Program"
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means either the Program or any derivative work under copyright law:
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that is to say, a work containing the Program or a portion of it,
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either verbatim or with modifications and/or translated into another
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language. (Hereinafter, translation is included without limitation in
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the term "modification".) Each licensee is addressed as "you".
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Activities other than copying, distribution and modification are not
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covered by this License; they are outside its scope. The act of
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running the Program is not restricted, and the output from the Program
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is covered only if its contents constitute a work based on the
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Program (independent of having been made by running the Program).
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Whether that is true depends on what the Program does.
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1. You may copy and distribute verbatim copies of the Program's
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source code as you receive it, in any medium, provided that you
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conspicuously and appropriately publish on each copy an appropriate
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copyright notice and disclaimer of warranty; keep intact all the
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notices that refer to this License and to the absence of any warranty;
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and give any other recipients of the Program a copy of this License
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along with the Program.
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You may charge a fee for the physical act of transferring a copy, and
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you may at your option offer warranty protection in exchange for a fee.
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2. You may modify your copy or copies of the Program or any portion
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of it, thus forming a work based on the Program, and copy and
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distribute such modifications or work under the terms of Section 1
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above, provided that you also meet all of these conditions:
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a) You must cause the modified files to carry prominent notices
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stating that you changed the files and the date of any change.
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b) You must cause any work that you distribute or publish, that in
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whole or in part contains or is derived from the Program or any
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part thereof, to be licensed as a whole at no charge to all third
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parties under the terms of this License.
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c) If the modified program normally reads commands interactively
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when run, you must cause it, when started running for such
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interactive use in the most ordinary way, to print or display an
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announcement including an appropriate copyright notice and a
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notice that there is no warranty (or else, saying that you provide
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a warranty) and that users may redistribute the program under
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these conditions, and telling the user how to view a copy of this
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License. (Exception: if the Program itself is interactive but
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does not normally print such an announcement, your work based on
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the Program is not required to print an announcement.)
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These requirements apply to the modified work as a whole. If
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identifiable sections of that work are not derived from the Program,
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and can be reasonably considered independent and separate works in
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themselves, then this License, and its terms, do not apply to those
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sections when you distribute them as separate works. But when you
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distribute the same sections as part of a whole which is a work based
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on the Program, the distribution of the whole must be on the terms of
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this License, whose permissions for other licensees extend to the
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entire whole, and thus to each and every part regardless of who wrote it.
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Thus, it is not the intent of this section to claim rights or contest
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your rights to work written entirely by you; rather, the intent is to
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exercise the right to control the distribution of derivative or
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collective works based on the Program.
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In addition, mere aggregation of another work not based on the Program
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with the Program (or with a work based on the Program) on a volume of
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a storage or distribution medium does not bring the other work under
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the scope of this License.
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3. You may copy and distribute the Program (or a work based on it,
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under Section 2) in object code or executable form under the terms of
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Sections 1 and 2 above provided that you also do one of the following:
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a) Accompany it with the complete corresponding machine-readable
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source code, which must be distributed under the terms of Sections
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1 and 2 above on a medium customarily used for software interchange; or,
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b) Accompany it with a written offer, valid for at least three
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years, to give any third party, for a charge no more than your
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cost of physically performing source distribution, a complete
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machine-readable copy of the corresponding source code, to be
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distributed under the terms of Sections 1 and 2 above on a medium
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customarily used for software interchange; or,
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c) Accompany it with the information you received as to the offer
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to distribute corresponding source code. (This alternative is
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allowed only for noncommercial distribution and only if you
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received the program in object code or executable form with such
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an offer, in accord with Subsection b above.)
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The source code for a work means the preferred form of the work for
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making modifications to it. For an executable work, complete source
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code means all the source code for all modules it contains, plus any
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associated interface definition files, plus the scripts used to
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control compilation and installation of the executable. However, as a
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special exception, the source code distributed need not include
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anything that is normally distributed (in either source or binary
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form) with the major components (compiler, kernel, and so on) of the
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operating system on which the executable runs, unless that component
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itself accompanies the executable.
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If distribution of executable or object code is made by offering
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access to copy from a designated place, then offering equivalent
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access to copy the source code from the same place counts as
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distribution of the source code, even though third parties are not
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compelled to copy the source along with the object code.
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4. You may not copy, modify, sublicense, or distribute the Program
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except as expressly provided under this License. Any attempt
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otherwise to copy, modify, sublicense or distribute the Program is
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void, and will automatically terminate your rights under this License.
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However, parties who have received copies, or rights, from you under
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this License will not have their licenses terminated so long as such
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parties remain in full compliance.
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5. You are not required to accept this License, since you have not
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signed it. However, nothing else grants you permission to modify or
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distribute the Program or its derivative works. These actions are
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prohibited by law if you do not accept this License. Therefore, by
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modifying or distributing the Program (or any work based on the
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Program), you indicate your acceptance of this License to do so, and
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all its terms and conditions for copying, distributing or modifying
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the Program or works based on it.
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6. Each time you redistribute the Program (or any work based on the
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Program), the recipient automatically receives a license from the
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original licensor to copy, distribute or modify the Program subject to
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these terms and conditions. You may not impose any further
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restrictions on the recipients' exercise of the rights granted herein.
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You are not responsible for enforcing compliance by third parties to
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this License.
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7. If, as a consequence of a court judgment or allegation of patent
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infringement or for any other reason (not limited to patent issues),
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conditions are imposed on you (whether by court order, agreement or
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otherwise) that contradict the conditions of this License, they do not
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excuse you from the conditions of this License. If you cannot
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distribute so as to satisfy simultaneously your obligations under this
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License and any other pertinent obligations, then as a consequence you
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may not distribute the Program at all. For example, if a patent
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license would not permit royalty-free redistribution of the Program by
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all those who receive copies directly or indirectly through you, then
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the only way you could satisfy both it and this License would be to
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refrain entirely from distribution of the Program.
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If any portion of this section is held invalid or unenforceable under
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any particular circumstance, the balance of the section is intended to
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apply and the section as a whole is intended to apply in other
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circumstances.
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It is not the purpose of this section to induce you to infringe any
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patents or other property right claims or to contest validity of any
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such claims; this section has the sole purpose of protecting the
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integrity of the free software distribution system, which is
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implemented by public license practices. Many people have made
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generous contributions to the wide range of software distributed
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through that system in reliance on consistent application of that
|
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system; it is up to the author/donor to decide if he or she is willing
|
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to distribute software through any other system and a licensee cannot
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impose that choice.
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This section is intended to make thoroughly clear what is believed to
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be a consequence of the rest of this License.
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8. If the distribution and/or use of the Program is restricted in
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certain countries either by patents or by copyrighted interfaces, the
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original copyright holder who places the Program under this License
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may add an explicit geographical distribution limitation excluding
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those countries, so that distribution is permitted only in or among
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countries not thus excluded. In such case, this License incorporates
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the limitation as if written in the body of this License.
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9. The Free Software Foundation may publish revised and/or new versions
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of the General Public License from time to time. Such new versions will
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be similar in spirit to the present version, but may differ in detail to
|
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address new problems or concerns.
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Each version is given a distinguishing version number. If the Program
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specifies a version number of this License which applies to it and "any
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later version", you have the option of following the terms and conditions
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either of that version or of any later version published by the Free
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Software Foundation. If the Program does not specify a version number of
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this License, you may choose any version ever published by the Free Software
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Foundation.
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10. If you wish to incorporate parts of the Program into other free
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programs whose distribution conditions are different, write to the author
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to ask for permission. For software which is copyrighted by the Free
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Software Foundation, write to the Free Software Foundation; we sometimes
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make exceptions for this. Our decision will be guided by the two goals
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of preserving the free status of all derivatives of our free software and
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of promoting the sharing and reuse of software generally.
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NO WARRANTY
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11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
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FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
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OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
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PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
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OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
|
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MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
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TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
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PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
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REPAIR OR CORRECTION.
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12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
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WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
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REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
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INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
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OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
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TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
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YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
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PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES.
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END OF TERMS AND CONDITIONS
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Appendix B: The LGPL License
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----------------------------
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GNU LESSER GENERAL PUBLIC LICENSE
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Version 2.1, February 1999
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Copyright (C) 1991, 1999 Free Software Foundation, Inc.
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59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
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Everyone is permitted to copy and distribute verbatim copies
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of this license document, but changing it is not allowed.
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[This is the first released version of the Lesser GPL. It also counts
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as the successor of the GNU Library Public License, version 2, hence
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the version number 2.1.]
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Preamble
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|
|
The licenses for most software are designed to take away your
|
|
freedom to share and change it. By contrast, the GNU General Public
|
|
Licenses are intended to guarantee your freedom to share and change
|
|
free software-to make sure the software is free for all its users.
|
|
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This license, the Lesser General Public License, applies to some
|
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specially designated software packages-typically libraries-of the
|
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Free Software Foundation and other authors who decide to use it. You
|
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can use it too, but we suggest you first think carefully about whether
|
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this license or the ordinary General Public License is the better
|
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strategy to use in any particular case, based on the explanations below.
|
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When we speak of free software, we are referring to freedom of use,
|
|
not price. Our General Public Licenses are designed to make sure that
|
|
you have the freedom to distribute copies of free software (and charge
|
|
for this service if you wish); that you receive source code or can get
|
|
it if you want it; that you can change the software and use pieces of
|
|
it in new free programs; and that you are informed that you can do
|
|
these things.
|
|
|
|
To protect your rights, we need to make restrictions that forbid
|
|
distributors to deny you these rights or to ask you to surrender these
|
|
rights. These restrictions translate to certain responsibilities for
|
|
you if you distribute copies of the library or if you modify it.
|
|
|
|
For example, if you distribute copies of the library, whether gratis
|
|
or for a fee, you must give the recipients all the rights that we gave
|
|
you. You must make sure that they, too, receive or can get the source
|
|
code. If you link other code with the library, you must provide
|
|
complete object files to the recipients, so that they can relink them
|
|
with the library after making changes to the library and recompiling
|
|
it. And you must show them these terms so they know their rights.
|
|
|
|
We protect your rights with a two-step method: (1) we copyright the
|
|
library, and (2) we offer you this license, which gives you legal
|
|
permission to copy, distribute and/or modify the library.
|
|
|
|
To protect each distributor, we want to make it very clear that
|
|
there is no warranty for the free library. Also, if the library is
|
|
modified by someone else and passed on, the recipients should know
|
|
that what they have is not the original version, so that the original
|
|
author's reputation will not be affected by problems that might be
|
|
introduced by others.
|
|
|
|
Finally, software patents pose a constant threat to the existence of
|
|
any free program. We wish to make sure that a company cannot
|
|
effectively restrict the users of a free program by obtaining a
|
|
restrictive license from a patent holder. Therefore, we insist that
|
|
any patent license obtained for a version of the library must be
|
|
consistent with the full freedom of use specified in this license.
|
|
|
|
Most GNU software, including some libraries, is covered by the
|
|
ordinary GNU General Public License. This license, the GNU Lesser
|
|
General Public License, applies to certain designated libraries, and
|
|
is quite different from the ordinary General Public License. We use
|
|
this license for certain libraries in order to permit linking those
|
|
libraries into non-free programs.
|
|
|
|
When a program is linked with a library, whether statically or using
|
|
a shared library, the combination of the two is legally speaking a
|
|
combined work, a derivative of the original library. The ordinary
|
|
General Public License therefore permits such linking only if the
|
|
entire combination fits its criteria of freedom. The Lesser General
|
|
Public License permits more lax criteria for linking other code with
|
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the library.
|
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|
We call this license the "Lesser" General Public License because it
|
|
does Less to protect the user's freedom than the ordinary General
|
|
Public License. It also provides other free software developers Less
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|
of an advantage over competing non-free programs. These disadvantages
|
|
are the reason we use the ordinary General Public License for many
|
|
libraries. However, the Lesser license provides advantages in certain
|
|
special circumstances.
|
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|
|
For example, on rare occasions, there may be a special need to
|
|
encourage the widest possible use of a certain library, so that it becomes
|
|
a de-facto standard. To achieve this, non-free programs must be
|
|
allowed to use the library. A more frequent case is that a free
|
|
library does the same job as widely used non-free libraries. In this
|
|
case, there is little to gain by limiting the free library to free
|
|
software only, so we use the Lesser General Public License.
|
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In other cases, permission to use a particular library in non-free
|
|
programs enables a greater number of people to use a large body of
|
|
free software. For example, permission to use the GNU C Library in
|
|
non-free programs enables many more people to use the whole GNU
|
|
operating system, as well as its variant, the GNU/Linux operating
|
|
system.
|
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|
Although the Lesser General Public License is Less protective of the
|
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users' freedom, it does ensure that the user of a program that is
|
|
linked with the Library has the freedom and the wherewithal to run
|
|
that program using a modified version of the Library.
|
|
|
|
The precise terms and conditions for copying, distribution and
|
|
modification follow. Pay close attention to the difference between a
|
|
"work based on the library" and a "work that uses the library". The
|
|
former contains code derived from the library, whereas the latter must
|
|
be combined with the library in order to run.
|
|
|
|
GNU LESSER GENERAL PUBLIC LICENSE
|
|
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
|
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|
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0. This License Agreement applies to any software library or other
|
|
program which contains a notice placed by the copyright holder or
|
|
other authorized party saying it may be distributed under the terms of
|
|
this Lesser General Public License (also called "this License").
|
|
Each licensee is addressed as "you".
|
|
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A "library" means a collection of software functions and/or data
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prepared so as to be conveniently linked with application programs
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(which use some of those functions and data) to form executables.
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The "Library", below, refers to any such software library or work
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which has been distributed under these terms. A "work based on the
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Library" means either the Library or any derivative work under
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copyright law: that is to say, a work containing the Library or a
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portion of it, either verbatim or with modifications and/or translated
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straightforwardly into another language. (Hereinafter, translation is
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included without limitation in the term "modification".)
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|
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"Source code" for a work means the preferred form of the work for
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making modifications to it. For a library, complete source code means
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all the source code for all modules it contains, plus any associated
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interface definition files, plus the scripts used to control compilation
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and installation of the library.
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Activities other than copying, distribution and modification are not
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covered by this License; they are outside its scope. The act of
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running a program using the Library is not restricted, and output from
|
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such a program is covered only if its contents constitute a work based
|
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on the Library (independent of the use of the Library in a tool for
|
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writing it). Whether that is true depends on what the Library does
|
|
and what the program that uses the Library does.
|
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1. You may copy and distribute verbatim copies of the Library's
|
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complete source code as you receive it, in any medium, provided that
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you conspicuously and appropriately publish on each copy an
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appropriate copyright notice and disclaimer of warranty; keep intact
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all the notices that refer to this License and to the absence of any
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warranty; and distribute a copy of this License along with the
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Library.
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You may charge a fee for the physical act of transferring a copy,
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and you may at your option offer warranty protection in exchange for a
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fee.
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2. You may modify your copy or copies of the Library or any portion
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of it, thus forming a work based on the Library, and copy and
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distribute such modifications or work under the terms of Section 1
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above, provided that you also meet all of these conditions:
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a) The modified work must itself be a software library.
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b) You must cause the files modified to carry prominent notices
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stating that you changed the files and the date of any change.
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c) You must cause the whole of the work to be licensed at no
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charge to all third parties under the terms of this License.
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d) If a facility in the modified Library refers to a function or a
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table of data to be supplied by an application program that uses
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the facility, other than as an argument passed when the facility
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is invoked, then you must make a good faith effort to ensure that,
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in the event an application does not supply such function or
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table, the facility still operates, and performs whatever part of
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its purpose remains meaningful.
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(For example, a function in a library to compute square roots has
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a purpose that is entirely well-defined independent of the
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application. Therefore, Subsection 2d requires that any
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application-supplied function or table used by this function must
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be optional: if the application does not supply it, the square
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root function must still compute square roots.)
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These requirements apply to the modified work as a whole. If
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identifiable sections of that work are not derived from the Library,
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and can be reasonably considered independent and separate works in
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themselves, then this License, and its terms, do not apply to those
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sections when you distribute them as separate works. But when you
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distribute the same sections as part of a whole which is a work based
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on the Library, the distribution of the whole must be on the terms of
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this License, whose permissions for other licensees extend to the
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entire whole, and thus to each and every part regardless of who wrote
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it.
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Thus, it is not the intent of this section to claim rights or contest
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your rights to work written entirely by you; rather, the intent is to
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exercise the right to control the distribution of derivative or
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collective works based on the Library.
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In addition, mere aggregation of another work not based on the Library
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with the Library (or with a work based on the Library) on a volume of
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a storage or distribution medium does not bring the other work under
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the scope of this License.
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3. You may opt to apply the terms of the ordinary GNU General Public
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License instead of this License to a given copy of the Library. To do
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this, you must alter all the notices that refer to this License, so
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that they refer to the ordinary GNU General Public License, version 2,
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instead of to this License. (If a newer version than version 2 of the
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ordinary GNU General Public License has appeared, then you can specify
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that version instead if you wish.) Do not make any other change in
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these notices.
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Once this change is made in a given copy, it is irreversible for
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that copy, so the ordinary GNU General Public License applies to all
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subsequent copies and derivative works made from that copy.
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This option is useful when you wish to copy part of the code of
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the Library into a program that is not a library.
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4. You may copy and distribute the Library (or a portion or
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derivative of it, under Section 2) in object code or executable form
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under the terms of Sections 1 and 2 above provided that you accompany
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it with the complete corresponding machine-readable source code, which
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must be distributed under the terms of Sections 1 and 2 above on a
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medium customarily used for software interchange.
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If distribution of object code is made by offering access to copy
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from a designated place, then offering equivalent access to copy the
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source code from the same place satisfies the requirement to
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distribute the source code, even though third parties are not
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compelled to copy the source along with the object code.
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5. A program that contains no derivative of any portion of the
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Library, but is designed to work with the Library by being compiled or
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linked with it, is called a "work that uses the Library". Such a
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work, in isolation, is not a derivative work of the Library, and
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therefore falls outside the scope of this License.
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However, linking a "work that uses the Library" with the Library
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creates an executable that is a derivative of the Library (because it
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contains portions of the Library), rather than a "work that uses the
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library". The executable is therefore covered by this License.
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Section 6 states terms for distribution of such executables.
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When a "work that uses the Library" uses material from a header file
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that is part of the Library, the object code for the work may be a
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derivative work of the Library even though the source code is not.
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Whether this is true is especially significant if the work can be
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linked without the Library, or if the work is itself a library. The
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threshold for this to be true is not precisely defined by law.
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If such an object file uses only numerical parameters, data
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structure layouts and accessors, and small macros and small inline
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functions (ten lines or less in length), then the use of the object
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file is unrestricted, regardless of whether it is legally a derivative
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work. (Executables containing this object code plus portions of the
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Library will still fall under Section 6.)
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Otherwise, if the work is a derivative of the Library, you may
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distribute the object code for the work under the terms of Section 6.
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Any executables containing that work also fall under Section 6,
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whether or not they are linked directly with the Library itself.
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6. As an exception to the Sections above, you may also combine or
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link a "work that uses the Library" with the Library to produce a
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work containing portions of the Library, and distribute that work
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under terms of your choice, provided that the terms permit
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modification of the work for the customer's own use and reverse
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engineering for debugging such modifications.
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You must give prominent notice with each copy of the work that the
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Library is used in it and that the Library and its use are covered by
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this License. You must supply a copy of this License. If the work
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during execution displays copyright notices, you must include the
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copyright notice for the Library among them, as well as a reference
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directing the user to the copy of this License. Also, you must do one
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of these things:
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a) Accompany the work with the complete corresponding
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machine-readable source code for the Library including whatever
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changes were used in the work (which must be distributed under
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Sections 1 and 2 above); and, if the work is an executable linked
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with the Library, with the complete machine-readable "work that
|
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uses the Library", as object code and/or source code, so that the
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user can modify the Library and then relink to produce a modified
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executable containing the modified Library. (It is understood
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that the user who changes the contents of definitions files in the
|
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Library will not necessarily be able to recompile the application
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to use the modified definitions.)
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b) Use a suitable shared library mechanism for linking with the
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Library. A suitable mechanism is one that (1) uses at run time a
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copy of the library already present on the user's computer system,
|
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rather than copying library functions into the executable, and (2)
|
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will operate properly with a modified version of the library, if
|
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the user installs one, as long as the modified version is
|
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interface-compatible with the version that the work was made with.
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c) Accompany the work with a written offer, valid for at
|
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least three years, to give the same user the materials
|
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specified in Subsection 6a, above, for a charge no more
|
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than the cost of performing this distribution.
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d) If distribution of the work is made by offering access to copy
|
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from a designated place, offer equivalent access to copy the above
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specified materials from the same place.
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|
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e) Verify that the user has already received a copy of these
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materials or that you have already sent this user a copy.
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For an executable, the required form of the "work that uses the
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Library" must include any data and utility programs needed for
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reproducing the executable from it. However, as a special exception,
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the materials to be distributed need not include anything that is
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normally distributed (in either source or binary form) with the major
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components (compiler, kernel, and so on) of the operating system on
|
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which the executable runs, unless that component itself accompanies
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the executable.
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It may happen that this requirement contradicts the license
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restrictions of other proprietary libraries that do not normally
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|
accompany the operating system. Such a contradiction means you cannot
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|
use both them and the Library together in an executable that you
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distribute.
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7. You may place library facilities that are a work based on the
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Library side-by-side in a single library together with other library
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facilities not covered by this License, and distribute such a combined
|
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library, provided that the separate distribution of the work based on
|
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the Library and of the other library facilities is otherwise
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permitted, and provided that you do these two things:
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|
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a) Accompany the combined library with a copy of the same work
|
|
based on the Library, uncombined with any other library
|
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facilities. This must be distributed under the terms of the
|
|
Sections above.
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|
|
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b) Give prominent notice with the combined library of the fact
|
|
that part of it is a work based on the Library, and explaining
|
|
where to find the accompanying uncombined form of the same work.
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|
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8. You may not copy, modify, sublicense, link with, or distribute
|
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the Library except as expressly provided under this License. Any
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attempt otherwise to copy, modify, sublicense, link with, or
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distribute the Library is void, and will automatically terminate your
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rights under this License. However, parties who have received copies,
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or rights, from you under this License will not have their licenses
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terminated so long as such parties remain in full compliance.
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9. You are not required to accept this License, since you have not
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signed it. However, nothing else grants you permission to modify or
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distribute the Library or its derivative works. These actions are
|
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prohibited by law if you do not accept this License. Therefore, by
|
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modifying or distributing the Library (or any work based on the
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|
Library), you indicate your acceptance of this License to do so, and
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all its terms and conditions for copying, distributing or modifying
|
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the Library or works based on it.
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10. Each time you redistribute the Library (or any work based on the
|
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Library), the recipient automatically receives a license from the
|
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original licensor to copy, distribute, link with or modify the Library
|
|
subject to these terms and conditions. You may not impose any further
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restrictions on the recipients' exercise of the rights granted herein.
|
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You are not responsible for enforcing compliance by third parties with
|
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this License.
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11. If, as a consequence of a court judgment or allegation of patent
|
|
infringement or for any other reason (not limited to patent issues),
|
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conditions are imposed on you (whether by court order, agreement or
|
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otherwise) that contradict the conditions of this License, they do not
|
|
excuse you from the conditions of this License. If you cannot
|
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distribute so as to satisfy simultaneously your obligations under this
|
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License and any other pertinent obligations, then as a consequence you
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|
may not distribute the Library at all. For example, if a patent
|
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license would not permit royalty-free redistribution of the Library by
|
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all those who receive copies directly or indirectly through you, then
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|
the only way you could satisfy both it and this License would be to
|
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refrain entirely from distribution of the Library.
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|
|
If any portion of this section is held invalid or unenforceable under any
|
|
particular circumstance, the balance of the section is intended to apply,
|
|
and the section as a whole is intended to apply in other circumstances.
|
|
|
|
It is not the purpose of this section to induce you to infringe any
|
|
patents or other property right claims or to contest validity of any
|
|
such claims; this section has the sole purpose of protecting the
|
|
integrity of the free software distribution system which is
|
|
implemented by public license practices. Many people have made
|
|
generous contributions to the wide range of software distributed
|
|
through that system in reliance on consistent application of that
|
|
system; it is up to the author/donor to decide if he or she is willing
|
|
to distribute software through any other system and a licensee cannot
|
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impose that choice.
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|
|
|
This section is intended to make thoroughly clear what is believed to
|
|
be a consequence of the rest of this License.
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|
|
|
12. If the distribution and/or use of the Library is restricted in
|
|
certain countries either by patents or by copyrighted interfaces, the
|
|
original copyright holder who places the Library under this License may add
|
|
an explicit geographical distribution limitation excluding those countries,
|
|
so that distribution is permitted only in or among countries not thus
|
|
excluded. In such case, this License incorporates the limitation as if
|
|
written in the body of this License.
|
|
|
|
13. The Free Software Foundation may publish revised and/or new
|
|
versions of the Lesser General Public License from time to time.
|
|
Such new versions will be similar in spirit to the present version,
|
|
but may differ in detail to address new problems or concerns.
|
|
|
|
Each version is given a distinguishing version number. If the Library
|
|
specifies a version number of this License which applies to it and
|
|
"any later version", you have the option of following the terms and
|
|
conditions either of that version or of any later version published by
|
|
the Free Software Foundation. If the Library does not specify a
|
|
license version number, you may choose any version ever published by
|
|
the Free Software Foundation.
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|
|
|
14. If you wish to incorporate parts of the Library into other free
|
|
programs whose distribution conditions are incompatible with these,
|
|
write to the author to ask for permission. For software which is
|
|
copyrighted by the Free Software Foundation, write to the Free
|
|
Software Foundation; we sometimes make exceptions for this. Our
|
|
decision will be guided by the two goals of preserving the free status
|
|
of all derivatives of our free software and of promoting the sharing
|
|
and reuse of software generally.
|
|
|
|
NO WARRANTY
|
|
|
|
15. BECAUSE THE LIBRARY IS LICENSED FREE OF CHARGE, THERE IS NO
|
|
WARRANTY FOR THE LIBRARY, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
|
|
EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR
|
|
OTHER PARTIES PROVIDE THE LIBRARY "AS IS" WITHOUT WARRANTY OF ANY
|
|
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
|
|
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
|
|
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
|
|
LIBRARY IS WITH YOU. SHOULD THE LIBRARY PROVE DEFECTIVE, YOU ASSUME
|
|
THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
|
|
|
|
16. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
|
|
WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY
|
|
AND/OR REDISTRIBUTE THE LIBRARY AS PERMITTED ABOVE, BE LIABLE TO YOU
|
|
FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR
|
|
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE
|
|
LIBRARY (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING
|
|
RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A
|
|
FAILURE OF THE LIBRARY TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF
|
|
SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
|
|
DAMAGES.
|
|
|
|
END OF TERMS AND CONDITIONS
|
|
|
|
|
|
Appendix C: The MPL License
|
|
---------------------------
|
|
|
|
MOZILLA PUBLIC LICENSE
|
|
Version 1.1
|
|
|
|
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 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.
|
|
Netscape Communications Corporation ("Netscape") 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 Netscape. No one
|
|
other than Netscape has the right to modify the terms applicable to
|
|
Covered Code created under this License.
|
|
|
|
6.3. Derivative Works.
|
|
If You create or use a modified version of this License (which you may
|
|
only do in order to apply it to code which is not already Covered Code
|
|
governed by this License), You must (a) rename Your license so that
|
|
the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape",
|
|
"MPL", "NPL" or any confusingly similar 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 Mozilla Public License and
|
|
Netscape Public License. (Filling in the name of the Initial
|
|
Developer, Original Code or Contributor in the notice described in
|
|
Exhibit A shall not of themselves be deemed to be modifications of
|
|
this License.)
|
|
|
|
7. DISCLAIMER OF WARRANTY.
|
|
|
|
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
|
|
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
|
|
WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
|
|
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
|
|
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
|
|
IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
|
|
YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
|
|
COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
|
|
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
|
|
ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
|
|
|
|
8. TERMINATION.
|
|
|
|
8.1. This License and the rights granted hereunder will terminate
|
|
automatically if You fail to comply with terms herein and fail to cure
|
|
such breach within 30 days of becoming aware of the breach. All
|
|
sublicenses to the Covered Code which are properly granted shall
|
|
survive any termination of this License. Provisions which, by their
|
|
nature, must remain in effect beyond the termination of this License
|
|
shall survive.
|
|
|
|
8.2. If You initiate litigation by asserting a patent infringement
|
|
claim (excluding declatory judgment actions) against Initial Developer
|
|
or a Contributor (the Initial Developer or Contributor against whom
|
|
You file such action is referred to as "Participant") alleging that:
|
|
|
|
(a) such Participant's Contributor Version directly or indirectly
|
|
infringes any patent, then any and all rights granted by such
|
|
Participant to You under Sections 2.1 and/or 2.2 of this License
|
|
shall, upon 60 days notice from Participant terminate prospectively,
|
|
unless if within 60 days after receipt of notice You either: (i)
|
|
agree in writing to pay Participant a mutually agreeable reasonable
|
|
royalty for Your past and future use of Modifications made by such
|
|
Participant, or (ii) withdraw Your litigation claim with respect to
|
|
the Contributor Version against such Participant. If within 60 days
|
|
of notice, a reasonable royalty and payment arrangement are not
|
|
mutually agreed upon in writing by the parties or the litigation claim
|
|
is not withdrawn, the rights granted by Participant to You under
|
|
Sections 2.1 and/or 2.2 automatically terminate at the expiration of
|
|
the 60 day notice period specified above.
|
|
|
|
(b) any software, hardware, or device, other than such Participant's
|
|
Contributor Version, directly or indirectly infringes any patent, then
|
|
any rights granted to You by such Participant under Sections 2.1(b)
|
|
and 2.2(b) are revoked effective as of the date You first made, used,
|
|
sold, distributed, or had made, Modifications made by that
|
|
Participant.
|
|
|
|
8.3. If You assert a patent infringement claim against Participant
|
|
alleging that such Participant's Contributor Version directly or
|
|
indirectly infringes any patent where such claim is resolved (such as
|
|
by license or settlement) prior to the initiation of patent
|
|
infringement litigation, then the reasonable value of the licenses
|
|
granted by such Participant under Sections 2.1 or 2.2 shall be taken
|
|
into account in determining the amount or value of any payment or
|
|
license.
|
|
|
|
8.4. In the event of termination under Sections 8.1 or 8.2 above,
|
|
all end user license agreements (excluding distributors and resellers)
|
|
which have been validly granted by You or any distributor hereunder
|
|
prior to termination shall survive termination.
|
|
|
|
9. LIMITATION OF LIABILITY.
|
|
|
|
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
|
|
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
|
|
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
|
|
OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
|
|
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
|
|
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
|
|
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
|
|
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
|
|
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
|
|
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
|
|
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
|
|
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
|
|
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
|
|
THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
|
|
|
|
10. U.S. GOVERNMENT END USERS.
|
|
|
|
The Covered Code is a "commercial item," as that term is defined in
|
|
48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
|
|
software" and "commercial computer software documentation," as such
|
|
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
|
|
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
|
|
all U.S. Government End Users acquire Covered Code with only those
|
|
rights set forth herein.
|
|
|
|
11. MISCELLANEOUS.
|
|
|
|
This License represents the complete agreement concerning subject
|
|
matter hereof. If any provision of this License is held to be
|
|
unenforceable, such provision shall be reformed only to the extent
|
|
necessary to make it enforceable. This License shall be governed by
|
|
California law provisions (except to the extent applicable law, if
|
|
any, provides otherwise), excluding its conflict-of-law provisions.
|
|
With respect to disputes in which at least one party is a citizen of,
|
|
or an entity chartered or registered to do business in the United
|
|
States of America, any litigation relating to this License shall be
|
|
subject to the jurisdiction of the Federal Courts of the Northern
|
|
District of California, with venue lying in Santa Clara County,
|
|
California, with the losing party responsible for costs, including
|
|
without limitation, court costs and reasonable attorneys' fees and
|
|
expenses. The application of the United Nations Convention on
|
|
Contracts for the International Sale of Goods is expressly excluded.
|
|
Any law or regulation which provides that the language of a contract
|
|
shall be construed against the drafter shall not apply to this
|
|
License.
|
|
|
|
12. RESPONSIBILITY FOR CLAIMS.
|
|
|
|
As between Initial Developer and the Contributors, each party is
|
|
responsible for claims and damages arising, directly or indirectly,
|
|
out of its utilization of rights under this License and You agree to
|
|
work with Initial Developer and Contributors to distribute such
|
|
responsibility on an equitable basis. Nothing herein is intended or
|
|
shall be deemed to constitute any admission of liability.
|
|
|
|
13. MULTIPLE-LICENSED CODE.
|
|
|
|
Initial Developer may designate portions of the Covered Code as
|
|
"Multiple-Licensed". "Multiple-Licensed" means that the Initial
|
|
Developer permits you to utilize portions of the Covered Code under
|
|
Your choice of the NPL or the alternative licenses, if any, specified
|
|
by the Initial Developer in the file described in Exhibit A.
|
|
|
|
EXHIBIT A -Mozilla Public License.
|
|
|
|
``The contents of this file are subject to the Mozilla Public License
|
|
Version 1.1 (the "License"); you may not use this file except in
|
|
compliance with the License. You may obtain a copy of the License at
|
|
http://www.mozilla.org/MPL/
|
|
|
|
Software distributed under the License is distributed on an "AS IS"
|
|
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
|
|
License for the specific language governing rights and limitations
|
|
under the License.
|
|
|
|
The Original Code is ______________________________________.
|
|
|
|
The Initial Developer of the Original Code is ________________________.
|
|
Portions created by ______________________ are Copyright (C) ______
|
|
_______________________. All Rights Reserved.
|
|
|
|
Contributor(s): ______________________________________.
|
|
|
|
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 MPL, 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 MPL 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.]
|