From: Subject: DSTC Public License Date: Thu, 25 Sep 2008 18:08:08 +0200 MIME-Version: 1.0 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: file://C:\Projects\genicam_v1_2\xml\GenApi\xs3p-1.1.3\LICENSE.html X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.5579 =EF=BB=BF DSTC Public License

DSTC Public License (DPL)

Version 1.1

1. Definitions.

1.0.1. "Commercial Use" means distribution or otherwise making = the=20 Covered Code available to a third party.

1.1. "Contributor" means each entity that creates or = contributes to=20 the creation of Modifications.

1.2. "Contributor Version" means the combination of the = Original Code,=20 prior Modifications used by a Contributor, and the Modifications made by = that=20 particular Contributor.

1.3. "Covered Code" means the Original Code or Modifications = or the=20 combination of the Original Code and Modifications, in each case = including=20 portions thereof.

1.4. "Electronic Distribution Mechanism" means a mechanism = generally=20 accepted in the software development community for the electronic = transfer of=20 data.

1.5. "Executable" means Covered Code in any form other than = Source=20 Code.

1.6. "Initial Developer" means the individual or entity = identified as=20 the Initial Developer in the Source Code notice required by Exhibit=20 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=20 extent possible, whether at the time of the initial grant or = subsequently=20 acquired, any and all of the rights conveyed herein.

1.9. "Modifications" 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:

1.10. "Original Code" means Source Code of computer software = code=20 which is described in the Source Code notice required by Exhibit = A 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.

1.10.1. "Patent Claims" 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.

1.11. "Source Code" 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.

1.12. "You" (or "Your") 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.

2. Source Code License.

2.1. The Initial Developer Grant.

The Initial Developer hereby grants You a world-wide, royalty-free,=20 non-exclusive license, subject to third party intellectual property = claims:

(a) 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

(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).

(c) 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.

(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=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.

2.2. Contributor Grant.

Subject to third party intellectual property claims, each Contributor = hereby=20 grants You a world-wide, royalty-free, non-exclusive license

(a) 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

(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).

(c) 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.

(d) 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.

3. Distribution Obligations

3.1. Application of License.

The Modifications which You create or to which You contribute are = governed by=20 the terms of this License, including without limitation Section = 2.2. 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 6.1, 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 = 3.5.

3.2. Availability of Source Code.

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.

3.3. Description of Modifications.

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.

3.4. Intellectual Property Matters

(a) Third Party Claims.

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.

(b) Contributor APIs.

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.

(c) Representations.

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.

3.5. Required Notices.

You must duplicate the notice in Exhibit A 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 Exhibit A. 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.

3.6. Distribution of Executable Versions.

You may distribute Covered Code in Executable form only if the = requirements=20 of Section 3.1-3.5 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 3.2. 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.

3.7. Larger Works.

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.

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=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 3.4 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.

5. Application of this License.

This License applies to code to which the Initial Developer has = attached the=20 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=20 new versions of the License from time to time. Each version will be = given a=20 distinguishing version number.

6.2. Effect of New Versions

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.

6.3. Derivative Works

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 Exhibit A shall not of = themselves=20 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=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.

8. Termination.

8.1. 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.

8.2. 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:

(a) 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.

(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.

8.3. 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.

8.4. 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.

9. Limitation of Liability.

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.

10. U.S. Government End Users.

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.

11. Miscellaneous.

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.

12. Responsibility for Claims.

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.

13. Multiple-licensed Code.

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.

14. High Risk Activities.

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").

EXHIBIT A - DSTC Public License.

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.

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.

The Original Code is ______________________________________.

The Initial Developer of the Original Code is = ________________________.=20 Portions created by ______________________ are Copyright =C2=A9=20 _____________________________. All Rights Reserved.

Contributor(s): ______________________________________.

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.'

[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.]