Subject: DSTC Public License
From: <Mit Microsoft Internet Explorer 7 gespeichert>
Date: Thu, 25 Sep 2008 18:08:08 +0200

DSTC Public License (DPL)

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

The Distributed Systems Technology Centre ("DSTC") 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 DSTC. No one other than DSTC 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 "DSTC",
"DPL" 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 DSTC
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 Queensland, Australia 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
Australia, any litigation relating to this License shall be subject to the
jurisdiction of Australian Courts, 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 DPL
or the alternative licenses, if any, specified by the Initial Developer in the
file described in Exhibit A.

14. High Risk Activities.

The Software is not fault-tolerant and is not designed, manufactured or
intended for use or resale as on-line control equipment in hazardous
environments requiring fail-safe performance, such as in the operation of
nuclear facilities, aircraft navigation or communication systems, air traffic
control, direct life support machines, or weapons systems, in which the failure
of the Software could lead directly to death, personal injury, or severe
physical or environmental damage ("High Risk Activities").

EXHIBIT A - DSTC Public License.

The contents of this file are subject to the DSTC Public License Version 1.1
(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
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 ©
_____________________________. 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 DPL, 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 DPL 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.]