475 lines
23 KiB
Text
475 lines
23 KiB
Text
THOR Public Licence (TPL)
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0. Notes of Origin
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0.1 As required by paragraph 6.3 of the "Mozilla Public Licence",
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"MPL" in the following, it is hereby stated that this Licence
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condition ("TPL") differs in the following items from the original
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"Mozilla Public Licence" as provided by "Netscape Communications
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Corporation":
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a) Paragraphs 6.2 and 6.3 of the MPL has been modified to bind licence
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modifications to the Author of this Licence, Thomas Richter.
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b) Paragraph 11 has been modified to gover this Licence by German
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law rather than Californian Law.
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c) The licence has been renamed to "TPL" and "THOR Public
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Licence". All references towards "MPL" have been removed except in
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section 0 to indicate the difference from "MPL".
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No other modifications have been made.
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1. Definitions.
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1.0.1. "Commercial Use" means distribution or otherwise making the
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Covered Code available to a third party.
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1.1. "Contributor" means each entity that creates or contributes to
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the creation of Modifications.
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1.2. "Contributor Version" means the combination of the Original Code,
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prior Modifications used by a Contributor, and the Modifications made
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by that particular Contributor.
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1.3. "Covered Code" means the Original Code or Modifications or the
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combination of the Original Code and Modifications, in each case
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including portions thereof.
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1.4. "Electronic Distribution Mechanism" means a mechanism generally
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accepted in the software development community for the electronic
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transfer of data.
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1.5. "Executable" means Covered Code in any form other than Source
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Code.
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1.6. "Initial Developer" means the individual or entity identified as
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the Initial Developer in the Source Code notice required by Exhibit A.
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1.7. "Larger Work" means a work which combines Covered Code or
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portions thereof with code not governed by the terms of this License.
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1.8. "License" means this document.
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1.8.1. "Licensable" means having the right to grant, to the maximum
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extent possible, whether at the time of the initial grant or
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subsequently acquired, any and all of the rights conveyed herein.
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1.9. "Modifications" means any addition to or deletion from the
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substance or structure of either the Original Code or any previous
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Modifications. When Covered Code is released as a series of files, a
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Modification is: A. Any addition to or deletion from the contents of a
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file containing Original Code or previous Modifications.
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B. Any new file that contains any part of the Original Code or
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previous Modifications.
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1.10. "Original Code" means Source Code of computer software code
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which is described in the Source Code notice required by Exhibit A as
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Original Code, and which, at the time of its release under this
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License is not already Covered Code governed by this License.
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1.10.1. "Patent Claims" means any patent claim(s), now owned or
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hereafter acquired, including without limitation, method, process, and
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apparatus claims, in any patent Licensable by grantor.
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1.11. "Source Code" means the preferred form of the Covered Code for
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making modifications to it, including all modules it contains, plus
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any associated interface definition files, scripts used to control
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compilation and installation of an Executable, or source code
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differential comparisons against either the Original Code or another
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well known, available Covered Code of the Contributor's choice. The
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Source Code can be in a compressed or archival form, provided the
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appropriate decompression or de-archiving software is widely available
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for no charge.
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1.12. "You" (or "Your") means an individual or a legal entity
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exercising rights under, and complying with all of the terms of, this
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License or a future version of this License issued under Section
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6.1. For legal entities, "You" includes any entity which controls, is
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controlled by, or is under common control with You. For purposes of
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this definition, "control" means (a) the power, direct or indirect, to
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cause the direction or management of such entity, whether by contract
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or otherwise, or (b) ownership of more than fifty percent (50%) of the
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outstanding shares or beneficial ownership of such entity.
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2. Source Code License.
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2.1. The Initial Developer Grant. The Initial Developer hereby grants
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You a world-wide, royalty-free, non-exclusive license, subject to
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third party intellectual property claims: (a) under intellectual
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property rights (other than patent or trademark) Licensable by Initial
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Developer to use, reproduce, modify, display, perform, sublicense and
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distribute the Original Code (or portions thereof) with or without
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Modifications, and/or as part of a Larger Work; and
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(b) under Patents Claims infringed by the making, using or selling of
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Original Code, to make, have made, use, practice, sell, and offer for
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sale, and/or otherwise dispose of the Original Code (or portions
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thereof).
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(c) the licenses granted in this Section 2.1(a) and (b) are effective
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on the date Initial Developer first distributes Original Code under
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the terms of this License.
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(d) Notwithstanding Section 2.1(b) above, no patent license is
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granted: 1) for code that You delete from the Original Code; 2)
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separate from the Original Code; or 3) for infringements caused by: i)
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the modification of the Original Code or ii) the combination of the
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Original Code with other software or devices.
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2.2. Contributor Grant. Subject to third party intellectual property
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claims, each Contributor hereby grants You a world-wide, royalty-free,
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non-exclusive license
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(a) under intellectual property rights (other than patent or
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trademark) Licensable by Contributor, to use, reproduce, modify,
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display, perform, sublicense and distribute the Modifications created
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by such Contributor (or portions thereof) either on an unmodified
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basis, with other Modifications, as Covered Code and/or as part of a
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Larger Work; and
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(b) under Patent Claims infringed by the making, using, or selling of
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Modifications made by that Contributor either alone and/or in
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combination with its Contributor Version (or portions of such
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combination), to make, use, sell, offer for sale, have made, and/or
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otherwise dispose of: 1) Modifications made by that Contributor (or
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portions thereof); and 2) the combination of Modifications made by
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that Contributor with its Contributor Version (or portions of such
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combination).
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(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective
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on the date Contributor first makes Commercial Use of the Covered
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Code.
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(d) Notwithstanding Section 2.2(b) above, no patent license is
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granted: 1) for any code that Contributor has deleted from the
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Contributor Version; 2) separate from the Contributor Version; 3) for
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infringements caused by: i) third party modifications of Contributor
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Version or ii) the combination of Modifications made by that
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Contributor with other software (except as part of the Contributor
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Version) or other devices; or 4) under Patent Claims infringed by
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Covered Code in the absence of Modifications made by that Contributor.
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3. Distribution Obligations.
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3.1. Application of License. The Modifications which You create or to
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which You contribute are governed by the terms of this License,
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including without limitation Section 2.2. The Source Code version of
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Covered Code may be distributed only under the terms of this License
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or a future version of this License released under Section 6.1, and
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You must include a copy of this License with every copy of the Source
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Code You distribute. You may not offer or impose any terms on any
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Source Code version that alters or restricts the applicable version of
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this License or the recipients' rights hereunder. However, You may
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include an additional document offering the additional rights
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described in Section 3.5.
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3.2. Availability of Source Code. Any Modification which You create
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or to which You contribute must be made available in Source Code form
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under the terms of this License either on the same media as an
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Executable version or via an accepted Electronic Distribution
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Mechanism to anyone to whom you made an Executable version available;
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and if made available via Electronic Distribution Mechanism, must
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remain available for at least twelve (12) months after the date it
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initially became available, or at least six (6) months after a
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subsequent version of that particular Modification has been made
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available to such recipients. You are responsible for ensuring that
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the Source Code version remains available even if the Electronic
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Distribution Mechanism is maintained by a third party.
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3.3. Description of Modifications. You must cause all Covered Code to
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which You contribute to contain a file documenting the changes You
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made to create that Covered Code and the date of any change. You must
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include a prominent statement that the Modification is derived,
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directly or indirectly, from Original Code provided by the Initial
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Developer and including the name of the Initial Developer in (a) the
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Source Code, and (b) in any notice in an Executable version or related
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documentation in which You describe the origin or ownership of the
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Covered Code.
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3.4. Intellectual Property Matters (a) Third Party Claims. If
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Contributor has knowledge that a license under a third party's
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intellectual property rights is required to exercise the rights
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granted by such Contributor under Sections 2.1 or 2.2, Contributor
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must include a text file with the Source Code distribution titled
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"LEGAL" which describes the claim and the party making the claim in
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sufficient detail that a recipient will know whom to contact. If
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Contributor obtains such knowledge after the Modification is made
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available as described in Section 3.2, Contributor shall promptly
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modify the LEGAL file in all copies Contributor makes available
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thereafter and shall take other steps (such as notifying appropriate
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mailing lists or newsgroups) reasonably calculated to inform those who
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received the Covered Code that new knowledge has been obtained.
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(b) Contributor APIs. If Contributor's Modifications include an
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application programming interface and Contributor has knowledge of
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patent licenses which are reasonably necessary to implement that API,
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Contributor must also include this information in the LEGAL file.
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(c) Representations. Contributor represents that, except as disclosed
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pursuant to Section 3.4(a) above, Contributor believes that
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Contributor's Modifications are Contributor's original creation(s)
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and/or Contributor has sufficient rights to grant the rights conveyed
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by this License.
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3.5. Required Notices. You must duplicate the notice in Exhibit A in
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each file of the Source Code. If it is not possible to put such
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notice in a particular Source Code file due to its structure, then You
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must include such notice in a location (such as a relevant directory)
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where a user would be likely to look for such a notice. If You
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created one or more Modification(s) You may add your name as a
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Contributor to the notice described in Exhibit A. You must also
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duplicate this License in any documentation for the Source Code where
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You describe recipients' rights or ownership rights relating to
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Covered Code. You may choose to offer, and to charge a fee for,
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warranty, support, indemnity or liability obligations to one or more
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recipients of Covered Code. However, You may do so only on Your own
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behalf, and not on behalf of the Initial Developer or any
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Contributor. You must make it absolutely clear than any such warranty,
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support, indemnity or liability obligation is offered by You alone,
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and You hereby agree to indemnify the Initial Developer and every
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Contributor for any liability incurred by the Initial Developer or
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such Contributor as a result of warranty, support, indemnity or
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liability terms You offer.
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3.6. Distribution of Executable Versions. You may distribute Covered
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Code in Executable form only if the requirements of Section 3.1-3.5
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have been met for that Covered Code, and if You include a notice
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stating that the Source Code version of the Covered Code is available
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under the terms of this License, including a description of how and
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where You have fulfilled the obligations of Section 3.2. The notice
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must be conspicuously included in any notice in an Executable version,
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related documentation or collateral in which You describe recipients'
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rights relating to the Covered Code. You may distribute the Executable
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version of Covered Code or ownership rights under a license of Your
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choice, which may contain terms different from this License, provided
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that You are in compliance with the terms of this License and that the
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license for the Executable version does not attempt to limit or alter
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the recipient's rights in the Source Code version from the rights set
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forth in this License. If You distribute the Executable version under
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a different license You must make it absolutely clear that any terms
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which differ from this License are offered by You alone, not by the
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Initial Developer or any Contributor. You hereby agree to indemnify
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the Initial Developer and every Contributor for any liability incurred
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by the Initial Developer or such Contributor as a result of any such
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terms You offer.
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3.7. Larger Works. You may create a Larger Work by combining Covered
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Code with other code not governed by the terms of this License and
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distribute the Larger Work as a single product. In such a case, You
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must make sure the requirements of this License are fulfilled for the
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Covered Code.
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4. Inability to Comply Due to Statute or Regulation.
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If it is impossible for You to comply with any of the terms of this
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License with respect to some or all of the Covered Code due to
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statute, judicial order, or regulation then You must: (a) comply with
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the terms of this License to the maximum extent possible; and (b)
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describe the limitations and the code they affect. Such description
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must be included in the LEGAL file described in Section 3.4 and must
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be included with all distributions of the Source Code. Except to the
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extent prohibited by statute or regulation, such description must be
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sufficiently detailed for a recipient of ordinary skill to be able to
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understand it.
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5. Application of this License.
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This License applies to code to which the Initial Developer has
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attached the notice in Exhibit A and to related Covered Code.
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6. Versions of the License.
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6.1. New Versions. Thomas Richter may publish revised and/or new
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versions of the License from time to time. Each version will be given
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a distinguishing version number.
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6.2. Effect of New Versions. Once Covered Code has been published
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under a particular version of the License, You may always continue to
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use it under the terms of that version. You may also choose to use
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such Covered Code under the terms of any subsequent version of the
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License published by Thomas Richter. No one other than Thomas Richter
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has the right to modify the terms applicable to Covered Code created
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under this License.
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6.3. Derivative Works. If You create or use a modified version of
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this License (which you may only do in order to apply it to code which
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is not already Covered Code governed by this License), You must (a)
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rename Your license so that the phrases "TPL", "THOR Software",
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"Thomas Richter" or any confusingly similar phrase do not appear in
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your license (except to note that your license differs from this
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License) and (b) otherwise make it clear that Your version of the
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license contains terms which differ from the THOR Public
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License. (Filling in the name of the Initial Developer, Original Code
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or Contributor in the notice described in Exhibit A shall not of
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themselves be deemed to be modifications of this License.)
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7. DISCLAIMER OF WARRANTY.
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COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
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WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
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WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
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DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
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NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
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THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE
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IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
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CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
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CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
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OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER
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EXCEPT UNDER THIS DISCLAIMER.
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8. TERMINATION.
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8.1. This License and the rights granted hereunder will terminate
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automatically if You fail to comply with terms herein and fail to cure
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such breach within 30 days of becoming aware of the breach. All
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sublicenses to the Covered Code which are properly granted shall
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survive any termination of this License. Provisions which, by their
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nature, must remain in effect beyond the termination of this License
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shall survive.
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8.2. If You initiate litigation by asserting a patent infringement
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claim (excluding declatory judgment actions) against Initial Developer
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or a Contributor (the Initial Developer or Contributor against whom
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You file such action is referred to as "Participant") alleging that:
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(a) such Participant's Contributor Version directly or indirectly
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infringes any patent, then any and all rights granted by such
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Participant to You under Sections 2.1 and/or 2.2 of this License
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shall, upon 60 days notice from Participant terminate prospectively,
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unless if within 60 days after receipt of notice You either: (i) agree
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in writing to pay Participant a mutually agreeable reasonable royalty
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for Your past and future use of Modifications made by such
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Participant, or (ii) withdraw Your litigation claim with respect to
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the Contributor Version against such Participant. If within 60 days
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of notice, a reasonable royalty and payment arrangement are not
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mutually agreed upon in writing by the parties or the litigation claim
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is not withdrawn, the rights granted by Participant to You under
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Sections 2.1 and/or 2.2 automatically terminate at the expiration of
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the 60 day notice period specified above.
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(b) any software, hardware, or device, other than such Participant's
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Contributor Version, directly or indirectly infringes any patent, then
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any rights granted to You by such Participant under Sections 2.1(b)
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and 2.2(b) are revoked effective as of the date You first made, used,
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sold, distributed, or had made, Modifications made by that
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Participant.
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8.3. If You assert a patent infringement claim against Participant
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alleging that such Participant's Contributor Version directly or
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indirectly infringes any patent where such claim is resolved (such as
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by license or settlement) prior to the initiation of patent
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infringement litigation, then the reasonable value of the licenses
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granted by such Participant under Sections 2.1 or 2.2 shall be taken
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into account in determining the amount or value of any payment or
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license.
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8.4. In the event of termination under Sections 8.1 or 8.2 above, all
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end user license agreements (excluding distributors and resellers)
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which have been validly granted by You or any distributor hereunder
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prior to termination shall survive termination.
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9. LIMITATION OF LIABILITY.
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
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(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
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DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
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OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
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ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
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CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
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WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
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COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
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INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
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LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
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RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
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PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
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EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
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THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
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10. U.S. GOVERNMENT END USERS.
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The Covered Code is a "commercial item," as that term is defined in 48
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C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software"
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and "commercial computer software documentation," as such terms are
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used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
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C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
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all U.S. Government End Users acquire Covered Code with only those
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rights set forth herein.
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11. MISCELLANEOUS.
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This License represents the complete agreement concerning subject
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matter hereof. If any provision of this License is held to be
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unenforceable, such provision shall be reformed only to the extent
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necessary to make it enforceable. This License shall be governed by
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German law provisions (except to the extent applicable law, if any,
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provides otherwise), excluding its conflict-of-law provisions. With
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respect to disputes in which at least one party is a citizen of, or an
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entity chartered or registered to do business in Federal Republic of
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Germany, any litigation relating to this License shall be subject to
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the jurisdiction of the Federal Courts of the Federal Republic of
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Germany, with the losing party responsible for costs, including
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without limitation, court costs and reasonable attorneys' fees and
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expenses. Any law or regulation which provides that the language of a
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contract shall be construed against the drafter shall not apply to
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this License.
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12. RESPONSIBILITY FOR CLAIMS.
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As between Initial Developer and the Contributors, each party is
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responsible for claims and damages arising, directly or indirectly,
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out of its utilization of rights under this License and You agree to
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work with Initial Developer and Contributors to distribute such
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responsibility on an equitable basis. Nothing herein is intended or
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shall be deemed to constitute any admission of liability.
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13. MULTIPLE-LICENSED CODE.
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Initial Developer may designate portions of the Covered Code as
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Multiple-Licensed. Multiple-Licensed means that the Initial Developer
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permits you to utilize portions of the Covered Code under Your choice
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of the TPL or the alternative licenses, if any, specified by the
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Initial Developer in the file described in Exhibit A.
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EXHIBIT A - THOR Public License.
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The contents of this file are subject to the THOR Public License
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Version 1.0 (the "License"); you may not use this file except in
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compliance with the License.
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Software distributed under the License is distributed on an "AS IS"
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basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See
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the License for the specificlanguage governing rights and limitations
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under the License.
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The Original Code is ______________________________________.
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The Initial Developer of the Original Code is _____________.
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Portions created by ______________________ are
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Copyright (C) ______ _______________________.
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All Rights Reserved.
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Contributor(s): ______________________________________.
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Alternatively, the contents of this file may be used under the terms
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of the _____ license (the [___] License), in which case the provisions
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of [______] License are applicable instead of those above. If you
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wish to allow use of your version of this file only under the terms of
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the [____] License and not to allow others to use your version of this
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file under the TPL, indicate your decision by deleting the provisions
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above and replace them with the notice and other provisions required
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by the [___] License. If you do not delete the provisions above, a
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recipient may use your version of this file under either the TPL or
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the [___] License."
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[NOTE: The text of this Exhibit A may differ slightly from the text of
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the notices in the Source Code files of the Original Code. You should
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use the text of this Exhibit A rather than the text found in the
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Original Code Source Code for Your Modifications.]
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