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diff --git a/options/license/TPL-1.0 b/options/license/TPL-1.0 new file mode 100644 index 0000000..1634db4 --- /dev/null +++ b/options/license/TPL-1.0 @@ -0,0 +1,475 @@ +THOR Public Licence (TPL) + +0. Notes of Origin + +0.1 As required by paragraph 6.3 of the "Mozilla Public Licence", +"MPL" in the following, it is hereby stated that this Licence +condition ("TPL") differs in the following items from the original +"Mozilla Public Licence" as provided by "Netscape Communications +Corporation": + +a) Paragraphs 6.2 and 6.3 of the MPL has been modified to bind licence +modifications to the Author of this Licence, Thomas Richter. + +b) Paragraph 11 has been modified to gover this Licence by German +law rather than Californian Law. + +c) The licence has been renamed to "TPL" and "THOR Public +Licence". All references towards "MPL" have been removed except in +section 0 to indicate the difference from "MPL". + +No other modifications have been made. + + +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. Thomas Richter may publish revised and/or new +versions of the License from time to time. Each version will be given +a distinguishing version number. + +6.2. Effect of New Versions. Once Covered Code has been published +under a particular version of the License, You may always continue to +use it under the terms of that version. You may also choose to use +such Covered Code under the terms of any subsequent version of the +License published by Thomas Richter. No one other than Thomas Richter +has the right to modify the terms applicable to Covered Code created +under this License. + +6.3. Derivative Works. If You create or use a modified version of +this License (which you may only do in order to apply it to code which +is not already Covered Code governed by this License), You must (a) +rename Your license so that the phrases "TPL", "THOR Software", +"Thomas Richter" or any confusingly similar phrase do not appear in +your license (except to note that your license differs from this +License) and (b) otherwise make it clear that Your version of the +license contains terms which differ from the THOR Public +License. (Filling in the name of the Initial Developer, Original Code +or Contributor in the notice described in Exhibit A shall not of +themselves be deemed to be modifications of this License.) + +7. DISCLAIMER OF WARRANTY. + +COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, +WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, +WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF +DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR +NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF +THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE +IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER +CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR +CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART +OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER +EXCEPT UNDER THIS DISCLAIMER. + +8. TERMINATION. + +8.1. This License and the rights granted hereunder will terminate +automatically if You fail to comply with terms herein and fail to cure +such breach within 30 days of becoming aware of the breach. All +sublicenses to the Covered Code which are properly granted shall +survive any termination of this License. Provisions which, by their +nature, must remain in effect beyond the termination of this License +shall survive. + +8.2. If You initiate litigation by asserting a patent infringement +claim (excluding declatory judgment actions) against Initial Developer +or a Contributor (the Initial Developer or Contributor against whom +You file such action is referred to as "Participant") alleging that: + +(a) such Participant's Contributor Version directly or indirectly +infringes any patent, then any and all rights granted by such +Participant to You under Sections 2.1 and/or 2.2 of this License +shall, upon 60 days notice from Participant terminate prospectively, +unless if within 60 days after receipt of notice You either: (i) agree +in writing to pay Participant a mutually agreeable reasonable royalty +for Your past and future use of Modifications made by such +Participant, or (ii) withdraw Your litigation claim with respect to +the Contributor Version against such Participant. If within 60 days +of notice, a reasonable royalty and payment arrangement are not +mutually agreed upon in writing by the parties or the litigation claim +is not withdrawn, the rights granted by Participant to You under +Sections 2.1 and/or 2.2 automatically terminate at the expiration of +the 60 day notice period specified above. + +(b) any software, hardware, or device, other than such Participant's +Contributor Version, directly or indirectly infringes any patent, then +any rights granted to You by such Participant under Sections 2.1(b) +and 2.2(b) are revoked effective as of the date You first made, used, +sold, distributed, or had made, Modifications made by that +Participant. + +8.3. If You assert a patent infringement claim against Participant +alleging that such Participant's Contributor Version directly or +indirectly infringes any patent where such claim is resolved (such as +by license or settlement) prior to the initiation of patent +infringement litigation, then the reasonable value of the licenses +granted by such Participant under Sections 2.1 or 2.2 shall be taken +into account in determining the amount or value of any payment or +license. + +8.4. In the event of termination under Sections 8.1 or 8.2 above, all +end user license agreements (excluding distributors and resellers) +which have been validly granted by You or any distributor hereunder +prior to termination shall survive termination. + +9. LIMITATION OF LIABILITY. + +UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT +(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL +DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, +OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR +ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY +CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, +WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER +COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN +INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF +LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY +RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW +PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE +EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO +THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. + +10. U.S. GOVERNMENT END USERS. + +The Covered Code is a "commercial item," as that term is defined in 48 +C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" +and "commercial computer software documentation," as such terms are +used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 +C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), +all U.S. Government End Users acquire Covered Code with only those +rights set forth herein. + +11. MISCELLANEOUS. + +This License represents the complete agreement concerning subject +matter hereof. If any provision of this License is held to be +unenforceable, such provision shall be reformed only to the extent +necessary to make it enforceable. This License shall be governed by +German law provisions (except to the extent applicable law, if any, +provides otherwise), excluding its conflict-of-law provisions. With +respect to disputes in which at least one party is a citizen of, or an +entity chartered or registered to do business in Federal Republic of +Germany, any litigation relating to this License shall be subject to +the jurisdiction of the Federal Courts of the Federal Republic of +Germany, with the losing party responsible for costs, including +without limitation, court costs and reasonable attorneys' fees and +expenses. Any law or regulation which provides that the language of a +contract shall be construed against the drafter shall not apply to +this License. + +12. RESPONSIBILITY FOR CLAIMS. + +As between Initial Developer and the Contributors, each party is +responsible for claims and damages arising, directly or indirectly, +out of its utilization of rights under this License and You agree to +work with Initial Developer and Contributors to distribute such +responsibility on an equitable basis. Nothing herein is intended or +shall be deemed to constitute any admission of liability. + +13. MULTIPLE-LICENSED CODE. + +Initial Developer may designate portions of the Covered Code as +Multiple-Licensed. Multiple-Licensed means that the Initial Developer +permits you to utilize portions of the Covered Code under Your choice +of the TPL or the alternative licenses, if any, specified by the +Initial Developer in the file described in Exhibit A. + + +EXHIBIT A - THOR Public License. + +The contents of this file are subject to the THOR Public License +Version 1.0 (the "License"); you may not use this file except in +compliance with the License. + +Software distributed under the License is distributed on an "AS IS" +basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See +the License for the specificlanguage governing rights and limitations +under the License. + +The Original Code is ______________________________________. + +The Initial Developer of the Original Code is _____________. + +Portions created by ______________________ are +Copyright (C) ______ _______________________. + +All Rights Reserved. + +Contributor(s): ______________________________________. + +Alternatively, the contents of this file may be used under the terms +of the _____ license (the [___] License), in which case the provisions +of [______] License are applicable instead of those above. If you +wish to allow use of your version of this file only under the terms of +the [____] License and not to allow others to use your version of this +file under the TPL, indicate your decision by deleting the provisions +above and replace them with the notice and other provisions required +by the [___] License. If you do not delete the provisions above, a +recipient may use your version of this file under either the TPL or +the [___] License." + +[NOTE: The text of this Exhibit A may differ slightly from the text of +the notices in the Source Code files of the Original Code. You should +use the text of this Exhibit A rather than the text found in the +Original Code Source Code for Your Modifications.] |