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<H1>DSTC Public License (DPL)</H1>
<P>Version 1.1</P>
<H2>1. Definitions.</H2>
<P><B>1.0.1. "Commercial Use" </B>means distribution or otherwise making =
the=20
Covered Code available to a third party.</P>
<P><B>1.1. "Contributor"</B> means each entity that creates or =
contributes to=20
the creation of Modifications.</P>
<P><B>1.2. "Contributor Version"</B> means the combination of the =
Original Code,=20
prior Modifications used by a Contributor, and the Modifications made by =
that=20
particular Contributor.</P>
<P><B>1.3. "Covered Code"</B> means the Original Code or Modifications =
or the=20
combination of the Original Code and Modifications, in each case =
including=20
portions thereof<B>.</B></P>
<P><B>1.4. "Electronic Distribution Mechanism"</B> means a mechanism =
generally=20
accepted in the software development community for the electronic =
transfer of=20
data.</P>
<P><B>1.5. "Executable"</B> means Covered Code in any form other than =
Source=20
Code.</P>
<P><B>1.6. "Initial Developer"</B> means the individual or entity =
identified as=20
the Initial Developer in the Source Code notice required by <B>Exhibit=20
A</B>.</P>
<P><B>1.7. "Larger Work"</B> means a work which combines Covered Code or =

portions thereof with code not governed by the terms of this =
License.</P>
<P><B>1.8. "License"</B> means this document.</P>
<P><B>1.8.1. "Licensable"</B> means having the right to grant, to the =
maximum=20
extent possible, whether at the time of the initial grant or =
subsequently=20
acquired, any and all of the rights conveyed herein.</P>
<P><B>1.9. "Modifications"</B> means any addition to or deletion from =
the=20
substance or structure of either the Original Code or any previous=20
Modifications. When Covered Code is released as a series of files, a=20
Modification is:</P>
<UL>
  <LI><B>A.</B> Any addition to or deletion from the contents of a file=20
  containing Original Code or previous Modifications.=20
  <LI><B>B.</B> Any new file that contains any part of the Original Code =
or=20
  previous Modifications. </LI></UL>
<P><B>1.10. "Original Code"</B> means Source Code of computer software =
code=20
which is described in the Source Code notice required by <B>Exhibit =
A</B> as=20
Original Code, and which, at the time of its release under this License =
is not=20
already Covered Code governed by this License.</P>
<P><B>1.10.1. "Patent Claims"</B> means any patent claim(s), now owned =
or=20
hereafter acquired, including without limitation, method, process, and =
apparatus=20
claims, in any patent Licensable by grantor.</P>
<P><B>1.11. "Source Code"</B> means the preferred form of the Covered =
Code for=20
making modifications to it, including all modules it contains, plus any=20
associated interface definition files, scripts used to control =
compilation and=20
installation of an Executable, or source code differential comparisons =
against=20
either the Original Code or another well known, available Covered Code =
of the=20
Contributor's choice. The Source Code can be in a compressed or archival =
form,=20
provided the appropriate decompression or de-archiving software is =
widely=20
available for no charge.</P>
<P><B>1.12. "You" (or "Your")</B> means an individual or a legal entity=20
exercising rights under, and complying with all of the terms of, this =
License or=20
a future version of this License issued under Section 6.1. For legal =
entities,=20
"You" includes any entity which controls, is controlled by, or is under =
common=20
control with You. For purposes of this definition, "control" means (a) =
the=20
power, direct or indirect, to cause the direction or management of such =
entity,=20
whether by contract or otherwise, or (b) ownership of more than fifty =
percent=20
(50%) of the outstanding shares or beneficial ownership of such =
entity.</P>
<H2>2. Source Code License.</H2>
<H3>2.1. The Initial Developer Grant.</H3>
<P>The Initial Developer hereby grants You a world-wide, royalty-free,=20
non-exclusive license, subject to third party intellectual property =
claims:</P>
<P><B>(a)</B> under intellectual property rights (other than patent or=20
trademark) Licensable by Initial Developer to use, reproduce, modify, =
display,=20
perform, sublicense and distribute the Original Code (or portions =
thereof) with=20
or without Modifications, and/or as part of a Larger Work; and</P>
<P><B>(b)</B> under Patents Claims infringed by the making, using or =
selling of=20
Original Code, to make, have made, use, practice, sell, and offer for =
sale,=20
and/or otherwise dispose of the Original Code (or portions thereof).</P>
<P><B>(c) </B>the licenses granted in this Section 2.1(a) and (b) are =
effective=20
on the date Initial Developer first distributes Original Code under the =
terms of=20
this License.</P>
<P><B>(d) </B>Notwithstanding Section 2.1(b) above, no patent license is =

granted: 1) for code that You delete from the Original Code; 2) separate =
from=20
the Original Code; or 3) for infringements caused by: i) the =
modification of the=20
Original Code or ii) the combination of the Original Code with other =
software or=20
devices.</P>
<H3>2.2. Contributor Grant.</H3>
<P>Subject to third party intellectual property claims, each Contributor =
hereby=20
grants You a world-wide, royalty-free, non-exclusive license</P>
<P><B>(a)</B> under intellectual property rights (other than patent or=20
trademark) Licensable by Contributor, to use, reproduce, modify, =
display,=20
perform, sublicense and distribute the Modifications created by such =
Contributor=20
(or portions thereof) either on an unmodified basis, with other =
Modifications,=20
as Covered Code and/or as part of a Larger Work; and</P>
<P><B>(b)</B> under Patent Claims infringed by the making, using, or =
selling of=20
Modifications made by that Contributor either alone and/or in =
combination with=20
its Contributor Version (or portions of such combination), to make, use, =
sell,=20
offer for sale, have made, and/or otherwise dispose of: 1) Modifications =
made by=20
that Contributor (or portions thereof); and 2) the combination of =
Modifications=20
made by that Contributor with its Contributor Version (or portions of =
such=20
combination).</P>
<P><B>(c) </B>the licenses granted in Sections 2.2(a) and 2.2(b) are =
effective=20
on the date Contributor first makes Commercial Use of the Covered =
Code.</P>
<P><B>(d)</B> Notwithstanding Section 2.2(b) above, no patent license is =

granted: 1) for any code that Contributor has deleted from the =
Contributor=20
Version; 2) separate from the Contributor Version; 3) for infringements =
caused=20
by: i) third party modifications of Contributor Version or ii) the =
combination=20
of Modifications made by that Contributor with other software (except as =
part of=20
the Contributor Version) or other devices; or 4) under Patent Claims =
infringed=20
by Covered Code in the absence of Modifications made by that =
Contributor.</P>
<H2>3. Distribution Obligations</H2>
<H3>3.1. Application of License.</H3>
<P>The Modifications which You create or to which You contribute are =
governed by=20
the terms of this License, including without limitation Section =
<B>2.2</B>. The=20
Source Code version of Covered Code may be distributed only under the =
terms of=20
this License or a future version of this License released under Section=20
<B>6.1</B>, and You must include a copy of this License with every copy =
of the=20
Source Code You distribute. You may not offer or impose any terms on any =
Source=20
Code version that alters or restricts the applicable version of this =
License or=20
the recipients' rights hereunder. However, You may include an additional =

document offering the additional rights described in Section =
<B>3.5</B>.</P>
<H3>3.2. Availability of Source Code.</H3>
<P>Any Modification which You create or to which You contribute must be =
made=20
available in Source Code form under the terms of this License either on =
the same=20
media as an Executable version or via an accepted Electronic =
Distribution=20
Mechanism to anyone to whom you made an Executable version available; =
and if=20
made available via Electronic Distribution Mechanism, must remain =
available for=20
at least twelve (12) months after the date it initially became =
available, or at=20
least six (6) months after a subsequent version of that particular =
Modification=20
has been made available to such recipients. You are responsible for =
ensuring=20
that the Source Code version remains available even if the Electronic=20
Distribution Mechanism is maintained by a third party.</P>
<H3>3.3. Description of Modifications.</H3>
<P>You must cause all Covered Code to which You contribute to contain a =
file=20
documenting the changes You made to create that Covered Code and the =
date of any=20
change. You must include a prominent statement that the Modification is =
derived,=20
directly or indirectly, from Original Code provided by the Initial =
Developer and=20
including the name of the Initial Developer in (a) the Source Code, and =
(b) in=20
any notice in an Executable version or related documentation in which =
You=20
describe the origin or ownership of the Covered Code.</P>
<H3>3.4. Intellectual Property Matters</H3>
<H4>(a) Third Party Claims.</H4>
<P>If Contributor has knowledge that a license under a third party's=20
intellectual property rights is required to exercise the rights granted =
by such=20
Contributor under Sections 2.1 or 2.2, Contributor must include a text =
file with=20
the Source Code distribution titled "LEGAL" which describes the claim =
and the=20
party making the claim in sufficient detail that a recipient will know =
whom to=20
contact. If Contributor obtains such knowledge after the Modification is =
made=20
available as described in Section 3.2, Contributor shall promptly modify =
the=20
LEGAL file in all copies Contributor makes available thereafter and =
shall take=20
other steps (such as notifying appropriate mailing lists or newsgroups)=20
reasonably calculated to inform those who received the Covered Code that =
new=20
knowledge has been obtained.</P>
<H4>(b) Contributor APIs.</H4>
<P>If Contributor's Modifications include an application programming =
interface=20
and Contributor has knowledge of patent licenses which are reasonably =
necessary=20
to implement that API, Contributor must also include this information in =
the=20
LEGAL file.</P>
<H4>(c) Representations.</H4>
<P>Contributor represents that, except as disclosed pursuant to Section =
3.4(a)=20
above, Contributor believes that Contributor's Modifications are =
Contributor's=20
original creation(s) and/or Contributor has sufficient rights to grant =
the=20
rights conveyed by this License.</P>
<H3>3.5. Required Notices.</H3>
<P>You must duplicate the notice in <B>Exhibit A</B> in each file of the =
Source=20
Code. If it is not possible to put such notice in a particular Source =
Code file=20
due to its structure, then You must include such notice in a location =
(such as a=20
relevant directory) where a user would be likely to look for such a =
notice. If=20
You created one or more Modification(s) You may add your name as a =
Contributor=20
to the notice described in <B>Exhibit A</B>. You must also duplicate =
this=20
License in any documentation for the Source Code where You describe =
recipients'=20
rights or ownership rights relating to Covered Code. You may choose to =
offer,=20
and to charge a fee for, warranty, support, indemnity or liability =
obligations=20
to one or more recipients of Covered Code. However, You may do so only =
on Your=20
own behalf, and not on behalf of the Initial Developer or any =
Contributor. You=20
must make it absolutely clear than any such warranty, support, indemnity =
or=20
liability obligation is offered by You alone, and You hereby agree to =
indemnify=20
the Initial Developer and every Contributor for any liability incurred =
by the=20
Initial Developer or such Contributor as a result of warranty, support,=20
indemnity or liability terms You offer.</P>
<H3>3.6. Distribution of Executable Versions.</H3>
<P>You may distribute Covered Code in Executable form only if the =
requirements=20
of Section <B>3.1-3.5</B> have been met for that Covered Code, and if =
You=20
include a notice stating that the Source Code version of the Covered =
Code is=20
available under the terms of this License, including a description of =
how and=20
where You have fulfilled the obligations of Section <B>3.2</B>. The =
notice must=20
be conspicuously included in any notice in an Executable version, =
related=20
documentation or collateral in which You describe recipients' rights =
relating to=20
the Covered Code. You may distribute the Executable version of Covered =
Code or=20
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=20
of this License and that the license for the Executable version does not =
attempt=20
to limit or alter the recipient's rights in the Source Code version from =
the=20
rights set forth in this License. If You distribute the Executable =
version under=20
a different license You must make it absolutely clear that any terms =
which=20
differ from this License are offered by You alone, not by the Initial =
Developer=20
or any Contributor. You hereby agree to indemnify the Initial Developer =
and=20
every Contributor for any liability incurred by the Initial Developer or =
such=20
Contributor as a result of any such terms You offer.</P>
<H3>3.7. Larger Works.</H3>
<P>You may create a Larger Work by combining Covered Code with other =
code not=20
governed by the terms of this License and distribute the Larger Work as =
a single=20
product. In such a case, You must make sure the requirements of this =
License are=20
fulfilled for the Covered Code.</P>
<H2>4. Inability to Comply Due to Statute or Regulation.</H2>
<P>If it is impossible for You to comply with any of the terms of this =
License=20
with respect to some or all of the Covered Code due to statute, judicial =
order,=20
or regulation then You must: (a) comply with the terms of this License =
to the=20
maximum extent possible; and (b) describe the limitations and the code =
they=20
affect. Such description must be included in the LEGAL file described in =
Section=20
<B>3.4</B> and must be included with all distributions of the Source =
Code.=20
Except to the extent prohibited by statute or regulation, such =
description must=20
be sufficiently detailed for a recipient of ordinary skill to be able to =

understand it.</P>
<H2>5. Application of this License.</H2>
<P>This License applies to code to which the Initial Developer has =
attached the=20
notice in <B>Exhibit A</B> and to related Covered Code.</P>
<H2>6. Versions of the License.</H2>
<H3>6.1. New Versions</H3>
<P>The Distributed Systems Technology Centre ("DSTC") may publish =
revised and/or=20
new versions of the License from time to time. Each version will be =
given a=20
distinguishing version number.</P>
<H3>6.2. Effect of New Versions</H3>
<P>Once Covered Code has been published under a particular version of =
the=20
License, You may always continue to use it under the terms of that =
version. You=20
may also choose to use such Covered Code under the terms of any =
subsequent=20
version of the License published by DSTC. No one other than DSTC has the =
right=20
to modify the terms applicable to Covered Code created under this =
License.</P>
<H3>6.3. Derivative Works</H3>
<P>If You create or use a modified version of this License (which you =
may only=20
do in order to apply it to code which is not already Covered Code =
governed by=20
this License), You must (a) rename Your license so that the phrases =
"DSTC",=20
"DPL" or any confusingly similar phrase do not appear in your license =
(except to=20
note that your license differs from this License) and (b) otherwise make =
it=20
clear that Your version of the license contains terms which differ from =
the DSTC=20
Public License. (Filling in the name of the Initial Developer, Original =
Code or=20
Contributor in the notice described in <B>Exhibit A</B> shall not of =
themselves=20
be deemed to be modifications of this License.)</P>
<H2>7. Disclaimer of Warranty.</H2>
<P>COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, =
WITHOUT=20
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT=20
LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, =
MERCHANTABLE,=20
FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO =
THE=20
QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY =
COVERED CODE=20
PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY =
OTHER=20
CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR =
CORRECTION.=20
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS =
LICENSE. NO=20
USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS=20
DISCLAIMER.</P>
<H2>8. Termination.</H2>
<P><B>8.1. </B>This License and the rights granted hereunder will =
terminate=20
automatically if You fail to comply with terms herein and fail to cure =
such=20
breach within 30 days of becoming aware of the breach. All sublicenses =
to the=20
Covered Code which are properly granted shall survive any termination of =
this=20
License. Provisions which, by their nature, must remain in effect beyond =
the=20
termination of this License shall survive.</P>
<P><B>8.2. </B>If You initiate litigation by asserting a patent =
infringement=20
claim (excluding declatory judgment actions) against Initial Developer =
or a=20
Contributor (the Initial Developer or Contributor against whom You file =
such=20
action is referred to as 'Participant') alleging that:</P>
<P><B>(a) </B>such Participant's Contributor Version directly or =
indirectly=20
infringes any patent, then any and all rights granted by such =
Participant to You=20
under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice =
from=20
Participant terminate prospectively, unless if within 60 days after =
receipt of=20
notice You either: (i) agree in writing to pay Participant a mutually =
agreeable=20
reasonable royalty for Your past and future use of Modifications made by =
such=20
Participant, or (ii) withdraw Your litigation claim with respect to the=20
Contributor Version against such Participant. If within 60 days of =
notice, a=20
reasonable royalty and payment arrangement are not mutually agreed upon =
in=20
writing by the parties or the litigation claim is not withdrawn, the =
rights=20
granted by Participant to You under Sections 2.1 and/or 2.2 =
automatically=20
terminate at the expiration of the 60 day notice period specified =
above.</P>
<P><B>(b)</B> any software, hardware, or device, other than such =
Participant's=20
Contributor Version, directly or indirectly infringes any patent, then =
any=20
rights granted to You by such Participant under Sections 2.1(b) and =
2.2(b) are=20
revoked effective as of the date You first made, used, sold, =
distributed, or had=20
made, Modifications made by that Participant.</P>
<P><B>8.3. </B>If You assert a patent infringement claim against =
Participant=20
alleging that such Participant's Contributor Version directly or =
indirectly=20
infringes any patent where such claim is resolved (such as by license or =

settlement) prior to the initiation of patent infringement litigation, =
then the=20
reasonable value of the licenses granted by such Participant under =
Sections 2.1=20
or 2.2 shall be taken into account in determining the amount or value of =
any=20
payment or license.</P>
<P><B>8.4.</B> In the event of termination under Sections 8.1 or 8.2 =
above, all=20
end user license agreements (excluding distributors and resellers) which =
have=20
been validly granted by You or any distributor hereunder prior to =
termination=20
shall survive termination.</P>
<H2>9. Limitation of Liability.</H2>
<P>UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT =
(INCLUDING=20
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, =
ANY OTHER=20
CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY =
OF SUCH=20
PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, =
OR=20
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, =
DAMAGES=20
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR =
ANY AND=20
ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE =
BEEN=20
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF =
LIABILITY SHALL=20
NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH =
PARTY'S=20
NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME=20
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR=20
CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO =

YOU.</P>
<H2>10. U.S. Government End Users.</H2>
<P>The Covered Code is a "commercial item," as that term is defined in =
48 C.F.R.=20
2.101 (Oct. 1995), consisting of "commercial computer software" and =
"commercial=20
computer software documentation," as such terms are used in 48 C.F.R. =
12.212=20
(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 =
through=20
227.7202-4 (June 1995), all U.S. Government End Users acquire Covered =
Code with=20
only those rights set forth herein.</P>
<H2>11. Miscellaneous.</H2>
<P>This License represents the complete agreement concerning subject =
matter=20
hereof. If any provision of this License is held to be unenforceable, =
such=20
provision shall be reformed only to the extent necessary to make it =
enforceable.=20
This License shall be governed by Queensland, Australia law provisions =
(except=20
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=20
is a citizen of, or an entity chartered or registered to do business in=20
Australia, any litigation relating to this License shall be subject to =
the=20
jurisdiction of Australian Courts, with the losing party responsible for =
costs,=20
including without limitation, court costs and reasonable attorneys' fees =
and=20
expenses. The application of the United Nations Convention on Contracts =
for the=20
International Sale of Goods is expressly excluded. Any law or regulation =
which=20
provides that the language of a contract shall be construed against the =
drafter=20
shall not apply to this License.</P>
<H2>12. Responsibility for Claims.</H2>
<P>As between Initial Developer and the Contributors, each party is =
responsible=20
for claims and damages arising, directly or indirectly, out of its =
utilization=20
of rights under this License and You agree to work with Initial =
Developer and=20
Contributors to distribute such responsibility on an equitable basis. =
Nothing=20
herein is intended or shall be deemed to constitute any admission of=20
liability.</P>
<H2>13. Multiple-licensed Code.</H2>
<P>Initial Developer may designate portions of the Covered Code as=20
"Multiple-Licensed". "Multiple-Licensed" means that the Initial =
Developer=20
permits you to utilize portions of the Covered Code under Your choice of =
the DPL=20
or the alternative licenses, if any, specified by the Initial Developer =
in the=20
file described in Exhibit A.</P>
<H2>14. High Risk Activities.</H2>
<P>The Software is not fault-tolerant and is not designed, manufactured =
or=20
intended for use or resale as on-line control equipment in hazardous=20
environments requiring fail-safe performance, such as in the operation =
of=20
nuclear facilities, aircraft navigation or communication systems, air =
traffic=20
control, direct life support machines, or weapons systems, in which the =
failure=20
of the Software could lead directly to death, personal injury, or severe =

physical or environmental damage ("High Risk Activities").</P>
<H2>EXHIBIT A - DSTC Public License.</H2>
<P>The contents of this file are subject to the DSTC Public License =
Version 1.1=20
(the 'License'); you may not use this file except in compliance with the =

License.</P>
<P>Software distributed under the License is distributed on an 'AS IS' =
basis,=20
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License =
for the=20
specific language governing rights and limitations under the =
License.</P>
<P>The Original Code is ______________________________________.</P>
<P>The Initial Developer of the Original Code is =
________________________.=20
Portions created by ______________________ are Copyright =C2=A9=20
_____________________________. All Rights Reserved.</P>
<P>Contributor(s): ______________________________________.</P>
<P>Alternatively, the contents of this file may be used under the terms =
of the=20
_____ license (the "[___] License"), in which case the provisions of =
[______]=20
License are applicable instead of those above. If you wish to allow use =
of your=20
version of this file only under the terms of the [____] License and not =
to allow=20
others to use your version of this file under the DPL, indicate your =
decision by=20
deleting the provisions above and replace them with the notice and other =

provisions required by the [___] License. If you do not delete the =
provisions=20
above, a recipient may use your version of this file under either the =
DPL or the=20
[___] License.'</P>
<P>[NOTE: The text of this Exhibit A may differ slightly from the text =
of the=20
notices in the Source Code files of the Original Code. You should use =
the text=20
of this Exhibit A rather than the text found in the Original Code Source =
Code=20
for Your Modifications.]</P></BODY></HTML>
