631 lines
26 KiB
Plaintext
631 lines
26 KiB
Plaintext
From: <Mit Microsoft Internet Explorer 7 gespeichert>
|
|
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<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
|
|
<HTML><HEAD><TITLE>DSTC Public License</TITLE>
|
|
<META http-equiv=3DContent-Type content=3D"text/html; charset=3DUTF-8">
|
|
<META content=3D"MSHTML 6.00.6000.16705" name=3DGENERATOR></HEAD>
|
|
<BODY>
|
|
<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>
|