408 lines
23 KiB
Text
408 lines
23 KiB
Text
BitTorrent Open Source License
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Version 1.0
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This BitTorrent Open Source License (the "License") applies to the BitTorrent
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client and related software products as well as any updates or maintenance
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releases of that software ("BitTorrent Products") that are distributed by
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BitTorrent, Inc. ("Licensor"). Any BitTorrent Product licensed pursuant to
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this License is a Licensed Product. Licensed Product, in its entirety, is
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protected by U.S. copyright law. This License identifies the terms under which
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you may use, copy, distribute or modify Licensed Product.
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Preamble
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This Preamble is intended to describe, in plain English, the nature and scope
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of this License. However, this Preamble is not a part of this license. The
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legal effect of this License is dependent only upon the terms of the License
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and not this Preamble.
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This License complies with the Open Source Definition and is derived from
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the Jabber Open Source License 1.0 (the "JOSL"), which has been approved by
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Open Source Initiative. Sections 4(c) and 4(f)(iii) from the JOSL have been
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dropped.
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This License provides that:
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1. You may use, sell or give away the Licensed Product, alone or as a component
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of an aggregate software distribution containing programs from several different
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sources. No royalty or other fee is required.
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2. Both Source Code and executable versions of the Licensed Product, including
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Modifications made by previous Contributors, are available for your use. (The
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terms "Licensed Product," "Modifications," "Contributors" and "Source Code"
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are defined in the License.)
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3. You are allowed to make Modifications to the Licensed Product, and you
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can create Derivative Works from it. (The term "Derivative Works" is defined
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in the License.)
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4. By accepting the Licensed Product under the provisions of this License,
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you agree that any Modifications you make to the Licensed Product and then
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distribute are governed by the provisions of this License. In particular,
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you must make the Source Code of your Modifications available to others.
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5. You may use the Licensed Product for any purpose, but the Licensor is not
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providing you any warranty whatsoever, nor is the Licensor accepting any liability
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in the event that the Licensed Product doesn't work properly or causes you
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any injury or damages.
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6. If you sublicense the Licensed Product or Derivative Works, you may charge
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fees for warranty or support, or for accepting indemnity or liability obligations
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to your customers. You cannot charge for the Source Code.
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7. If you assert any patent claims against the Licensor relating to the Licensed
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Product, or if you breach any terms of the License, your rights to the Licensed
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Product under this License automatically terminate.
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You may use this License to distribute your own Derivative Works, in which
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case the provisions of this License will apply to your Derivative Works just
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as they do to the original Licensed Product.
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Alternatively, you may distribute your Derivative Works under any other OSI-approved
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Open Source license, or under a proprietary license of your choice. If you
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use any license other than this License, however, you must continue to fulfill
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the requirements of this License (including the provisions relating to publishing
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the Source Code) for those portions of your Derivative Works that consist
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of the Licensed Product, including the files containing Modifications.
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New versions of this License may be published from time to time. You may choose
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to continue to use the license terms in this version of the License or those
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from the new version. However, only the Licensor has the right to change the
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License terms as they apply to the Licensed Product.
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This License relies on precise definitions for certain terms. Those terms
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are defined when they are first used, and the definitions are repeated for
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your convenience in a Glossary at the end of the License.
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License Terms
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1. Grant of License From Licensor. Licensor hereby grants you a world-wide,
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royalty-free, non-exclusive license, subject to third party intellectual property
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claims, to do the following:
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a. Use, reproduce, modify, display, perform, sublicense and distribute any
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Modifications created by such Contributor or portions thereof, in both Source
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Code or as an executable program, either on an unmodified basis or as part
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of Derivative Works.
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b. Under claims of patents now or hereafter owned or controlled by Contributor,
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to make, use, sell, offer for sale, have made, and/or otherwise dispose of
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Modifications or portions thereof, but solely to the extent that any such
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claim is necessary to enable you to make, use, sell, offer for sale, have
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made, and/or otherwise dispose of Modifications or portions thereof or Derivative
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Works thereof.
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2. Grant of License to Modifications From Contributor. "Modifications" means
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any additions to or deletions from the substance or structure of (i) a file
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containing Licensed Product, or (ii) any new file that contains any part of
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Licensed Product. Hereinafter in this License, the term "Licensed Product"
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shall include all previous Modifications that you receive from any Contributor.
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By application of the provisions in Section 4(a) below, each person or entity
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who created or contributed to the creation of, and distributed, a Modification
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(a "Contributor") hereby grants you a world-wide, royalty-free, non-exclusive
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license, subject to third party intellectual property claims, to do the following:
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a. Use, reproduce, modify, display, perform, sublicense and distribute any
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Modifications created by such Contributor or portions thereof, in both Source
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Code or as an executable program, either on an unmodified basis or as part
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of Derivative Works.
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b. Under claims of patents now or hereafter owned or controlled by Contributor,
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to make, use, sell, offer for sale, have made, and/or otherwise dispose of
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Modifications or portions thereof, but solely to the extent that any such
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claim is necessary to enable you to make, use, sell, offer for sale, have
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made, and/or otherwise dispose of Modifications or portions thereof or Derivative
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Works thereof.
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3. Exclusions From License Grant. Nothing in this License shall be deemed
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to grant any rights to trademarks, copyrights, patents, trade secrets or any
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other intellectual property of Licensor or any Contributor except as expressly
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stated herein. No patent license is granted separate from the Licensed Product,
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for code that you delete from the Licensed Product, or for combinations of
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the Licensed Product with other software or hardware. No right is granted
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to the trademarks of Licensor or any Contributor even if such marks are included
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in the Licensed Product. Nothing in this License shall be interpreted to prohibit
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Licensor from licensing under different terms from this License any code that
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Licensor otherwise would have a right to license.
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4. Your Obligations Regarding Distribution.
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a. Application of This License to Your Modifications. As an express condition
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for your use of the Licensed Product, you hereby agree that any Modifications
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that you create or to which you contribute, and which you distribute, are
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governed by the terms of this License including, without limitation, Section
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2. Any Modifications that you create or to which you contribute may be distributed
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only under the terms of this License or a future version of this License released
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under Section 7. You must include a copy of this License with every copy of
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the Modifications you distribute. You agree not to offer or impose any terms
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on any Source Code or executable version of the Licensed Product or Modifications
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that alter or restrict the applicable version of this License or the recipients'
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rights hereunder. However, you may include an additional document offering
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the additional rights described in Section 4(d).
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b. Availability of Source Code. You must make available, under the terms of
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this License, the Source Code of the Licensed Product and any Modifications
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that you distribute, either on the same media as you distribute any executable
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or other form of the Licensed Product, or via a mechanism generally accepted
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in the software development community for the electronic transfer of data
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(an "Electronic Distribution Mechanism"). The Source Code for any version
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of Licensed Product or Modifications that you distribute must remain available
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for at least twelve (12) months after the date it initially became available,
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or at least six (6) months after a subsequent version of said Licensed Product
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or Modifications has been made available. You are responsible for ensuring
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that the Source Code version remains available even if the Electronic Distribution
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Mechanism is maintained by a third party.
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c. Intellectual Property Matters.
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i. Third Party Claims. If you have knowledge that a license to a third party's
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intellectual property right is required to exercise the rights granted by
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this License, you must include a text file with the Source Code distribution
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titled "LEGAL" that 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 you obtain
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such knowledge after you make any Modifications available as described in
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Section 4(b), you shall promptly modify the LEGAL file in all copies you make
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available thereafter and shall take other steps (such as notifying appropriate
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mailing lists or newsgroups) reasonably calculated to inform those who received
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the Licensed Product from you that new knowledge has been obtained.
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ii. Contributor APIs. If your Modifications include an application programming
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interface ("API") and you have knowledge of patent licenses that are reasonably
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necessary to implement that API, you must also include this information in
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the LEGAL file.
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iii. Representations. You represent that, except as disclosed pursuant to
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4(c)(i) above, you believe that any Modifications you distribute are your
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original creations and that you have sufficient rights to grant the rights
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conveyed by this License.
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d. Required Notices. You must duplicate this License in any documentation
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you provide along with the Source Code of any Modifications you create or
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to which you contribute, and which you distribute, wherever you describe recipients'
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rights relating to Licensed Product. You must duplicate the notice contained
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in Exhibit A (the "Notice") in each file of the Source Code of any copy you
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distribute of the Licensed Product. If you created a Modification, you may
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add your name as a Contributor to the Notice. If it is not possible to put
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the 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 file)
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where a user would be likely to look for such a notice. You may choose to
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offer, and charge a fee for, warranty, support, indemnity or liability obligations
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to one or more recipients of Licensed Product. However, you may do so only
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on your own behalf, and not on behalf of the Licensor or any Contributor.
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You must make it clear that any such warranty, support, indemnity or liability
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obligation is offered by you alone, and you hereby agree to indemnify the
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Licensor and every Contributor for any liability incurred by the Licensor
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or such Contributor as a result of warranty, support, indemnity or liability
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terms you offer.
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e. Distribution of Executable Versions. You may distribute Licensed Product
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as an executable program under a license of your choice that may contain terms
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different from this License provided (i) you have satisfied the requirements
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of Sections 4(a) through 4(d) for that distribution, (ii) you include a conspicuous
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notice in the executable version, related documentation and collateral materials
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stating that the Source Code version of the Licensed Product is available
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under the terms of this License, including a description of how and where
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you have fulfilled the obligations of Section 4(b), and (iii) you make it
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clear that any terms that differ from this License are offered by you alone,
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not by Licensor or any Contributor. You hereby agree to indemnify the Licensor
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and every Contributor for any liability incurred by Licensor or such Contributor
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as a result of any terms you offer.
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f. Distribution of Derivative Works. You may create Derivative Works (e.g.,
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combinations of some or all of the Licensed Product with other code) and distribute
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the Derivative Works as products under any other license you select, with
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the proviso that the requirements of this License are fulfilled for those
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portions of the Derivative Works that consist of the Licensed Product or any
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Modifications thereto.
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5. Inability to Comply Due to Statute or Regulation. If it is impossible for
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you to comply with any of the terms of this License with respect to some or
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all of the Licensed Product due to statute, judicial order, or regulation,
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then you must (i) comply with the terms of this License to the maximum extent
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possible, (ii) cite the statute or regulation that prohibits you from adhering
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to the License, and (iii) describe the limitations and the code they affect.
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Such description must be included in the LEGAL file described in Section 4(d),
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and must be included with all distributions of the Source Code. Except to
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the extent prohibited by statute or regulation, such description must be sufficiently
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detailed for a recipient of ordinary skill at computer programming to be able
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to understand it.
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6. Application of This License. This License applies to code to which Licensor
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or Contributor has attached the Notice in Exhibit A, which is incorporated
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herein by this reference.
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7. Versions of This License.
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a. New Versions. Licensor may publish from time to time revised and/or new
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versions of the License.
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b. Effect of New Versions. Once Licensed Product has been published under
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a particular version of the License, you may always continue to use it under
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the terms of that version. You may also choose to use such Licensed Product
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under the terms of any subsequent version of the License published by Licensor.
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No one other than Licensor has the right to modify the terms applicable to
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Licensed Product created under this License.
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c. Derivative Works of this License. If you create or use a modified version
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of this License, which you may do only in order to apply it to software that
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is not already a Licensed Product under this License, you must rename your
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license so that it is not confusingly similar to this License, and must make
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it clear that your license contains terms that differ from this License. In
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so naming your license, you may not use any trademark of Licensor or any Contributor.
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8. Disclaimer of Warranty. LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE
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ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
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INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED PRODUCT IS FREE
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OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
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THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT
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IS WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU (AND
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NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
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SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
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ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED PRODUCT IS AUTHORIZED HEREUNDER
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EXCEPT UNDER THIS DISCLAIMER.
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9. Termination.
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a. Automatic Termination Upon Breach. This license and the rights granted
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hereunder will terminate automatically if you fail to comply with the terms
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herein and fail to cure such breach within thirty (30) days of becoming aware
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of the breach. All sublicenses to the Licensed Product that are properly granted
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shall survive any termination of this license. Provisions that, by their nature,
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must remain in effect beyond the termination of this License, shall survive.
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b. Termination Upon Assertion of Patent Infringement. If you initiate litigation
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by asserting a patent infringement claim (excluding declaratory judgment actions)
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against Licensor or a Contributor (Licensor or Contributor against whom you
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file such an action is referred to herein as Respondent) alleging that Licensed
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Product directly or indirectly infringes any patent, then any and all rights
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granted by such Respondent to you under Sections 1 or 2 of this License shall
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terminate prospectively upon sixty (60) days notice from Respondent (the "Notice
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Period") unless within that Notice Period you either agree in writing (i)
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to pay Respondent a mutually agreeable reasonably royalty for your past or
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future use of Licensed Product made by such Respondent, or (ii) withdraw your
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litigation claim with respect to Licensed Product against such Respondent.
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If within said Notice Period a reasonable royalty and payment arrangement
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are not mutually agreed upon in writing by the parties or the litigation claim
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is not withdrawn, the rights granted by Licensor to you under Sections 1 and
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2 automatically terminate at the expiration of said Notice Period.
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c. Reasonable Value of This License. If you assert a patent infringement claim
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against Respondent alleging that Licensed Product directly or indirectly infringes
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any patent where such claim is resolved (such as by license or settlement)
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prior to the initiation of patent infringement litigation, then the reasonable
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value of the licenses granted by said Respondent under Sections 1 and 2 shall
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be taken into account in determining the amount or value of any payment or
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license.
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d. No Retroactive Effect of Termination. In the event of termination under
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Sections 9(a) or 9(b) above, all end user license agreements (excluding licenses
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to distributors and resellers) that have been validly granted by you or any
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distributor hereunder prior to termination shall survive termination.
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10. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
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WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR,
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ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER OF
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ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
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OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
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FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
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AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE
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BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
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SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
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RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS
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SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
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OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY
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NOT APPLY TO YOU.
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11. Responsibility for Claims. As between Licensor and Contributors, each
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party is responsible for claims and damages arising, directly or indirectly,
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out of its utilization of rights under this License. You agree to work with
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Licensor and Contributors to distribute such responsibility on an equitable
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basis. Nothing herein is intended or
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shall be deemed to constitute any admission of liability.
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12. U.S. Government End Users. The Licensed Product is a commercial item,
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as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of commercial
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computer software and commercial computer software documentation, as such
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terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
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12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
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End Users acquire Licensed Product with only those rights set forth herein.
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13. Miscellaneous. This License represents the complete agreement concerning
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the subject 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 necessary
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to make it enforceable. This License shall be governed by California law provisions
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(except to the extent applicable law, if any, provides otherwise), excluding
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its conflict-of-law provisions. You expressly agree that any litigation relating
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to this license shall be subject to the jurisdiction of the Federal Courts
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of the Northern District of California or the Superior Court of the County
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of Santa Clara, California (as appropriate), with venue lying in Santa Clara
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County, California, with the losing party responsible for costs including,
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without limitation, court costs and reasonable attorneys fees and expenses.
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The application of the United Nations Convention on Contracts for the International
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Sale of Goods is expressly excluded. You and Licensor expressly waive any
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rights to a jury trial in any litigation concerning Licensed Product or this
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License. Any law or regulation that provides that the language of a contract
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shall be construed against the drafter shall not apply to this License.
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14. Definition of You in This License. You throughout this License, whether
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in upper or lower case, means an individual or a legal entity exercising rights
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under, and complying with all of the terms of, this License or a future version
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of this License issued under Section 7. For legal entities, you includes any
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entity that controls, is controlled by, or is under common control with you.
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For purposes of this definition, control means (i) the power, direct or indirect,
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to cause the direction or management of such entity, whether by contract or
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otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding
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shares, or (iii) beneficial ownership of such entity.
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15. Glossary. All defined terms in this License that are used in more than
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one Section of this License are repeated here, in alphabetical order, for
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the convenience of the reader. The Section of this License in which each defined
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term is first used is shown in parentheses.
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Contributor: Each person or entity who created or contributed to the creation
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of, and distributed, a Modification. (See Section 2)
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Derivative Works: That term as used in this License is defined under U.S.
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copyright law. (See Section 1(b))
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License: This BitTorrent Open Source License. (See first paragraph of License)
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Licensed Product: Any BitTorrent Product licensed pursuant to this License.
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The term "Licensed Product" includes all previous Modifications from any Contributor
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that you receive. (See first paragraph of License and Section 2)
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Licensor: BitTorrent, Inc. (See first paragraph of License)
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Modifications: Any additions to or deletions from the substance or structure
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of (i) a file containing Licensed Product, or (ii) any new file that contains
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any part of Licensed Product. (See Section 2)
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Notice: The notice contained in Exhibit A. (See Section 4(e))
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Source Code: The preferred form for making modifications to the Licensed Product,
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including all modules contained therein, plus any associated interface definition
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files, scripts used to control compilation and installation of an executable
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program, or a list of differential comparisons against the Source Code of
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the Licensed Product. (See
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Section 1(a))
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You: This term is defined in Section 14 of this License. EXHIBIT A
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The Notice below must appear in each file of the Source Code of any copy you
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distribute of the Licensed Product or any hereto. Contributors to any Modifications
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may add their own copyright notices to identify their own contributions.
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License:
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The contents of this file are subject to the BitTorrent Open Source License
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Version 1.0 (the License). You may not copy or use this file, in either source
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code or executable form, except in compliance with the License. You may obtain
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a copy of the License at http://www.bittorrent.com/license/.
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Software distributed under the License is distributed on an AS IS basis, WITHOUT
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WARRANTY OF ANY KIND, either express or implied. See the License for the specific
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language governing rights and limitations under the License.
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