172 lines
10 KiB
Text
172 lines
10 KiB
Text
Upstream Compatibility License v. 1.0 (UCL-1.0)
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This Upstream Compatibility License (the "License") applies to any original
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work of authorship (the "Original Work") whose owner (the "Licensor") has
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placed the following licensing notice adjacent to the copyright notice for
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the Original Work:
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Licensed under the Upstream Compatibility License 1.0
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1) Grant of Copyright License. Licensor grants You a worldwide, royalty-free,
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non-exclusive, sublicensable license, for the duration of the copyright, to
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do the following:
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a) to reproduce the Original Work in copies, either alone or as part of a
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collective work;
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b) to translate, adapt, alter, transform, modify, or arrange the Original
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Work, thereby creating derivative works ("Derivative Works") based upon the
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Original Work;
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c) to distribute or communicate copies of the Original Work and Derivative
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Works to the public, with the proviso that copies of Original Work You distribute
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or communicate shall be licensed under this Upstream Compatibility License
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and all Derivative Work You distribute or communicate
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shall be licensed under both this Upstream Compatibility License and the Apache
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License 2.0 or later;
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d) to perform the Original Work publicly; and
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e) to display the Original Work publicly.
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2) Grant of Patent License. Licensor grants You a worldwide, royalty-free,
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non-exclusive, sublicensable license, under patent claims owned or controlled
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by the Licensor that are embodied in the Original Work as furnished by the
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Licensor, for the duration of the patents, to make, use, sell, offer for sale,
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have made, and import the Original Work and Derivative Works.
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3) Grant of Source Code License. The term "Source Code" means the preferred
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form of the Original Work for making modifications to it and all available
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documentation describing how to modify the Original Work. Licensor agrees
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to provide a machine-readable copy of the Source Code of the Original Work
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along with each copy of the Original Work that Licensor distributes. Licensor
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reserves the right to satisfy this obligation by placing a machine-readable
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copy of the Source Code in an information repository reasonably calculated
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to permit inexpensive and convenient access by You for as long as Licensor
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continues to distribute the Original Work.
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4) Exclusions From License Grant. Neither the names of Licensor, nor the names
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of any contributors to the Original Work, nor any of their trademarks or service
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marks, may be used to endorse or promote products derived from this Original
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Work without express prior permission of the Licensor. Except as expressly
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stated herein, nothing in this License grants any license to Licensor’s trademarks,
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copyrights, patents, trade secrets or any other intellectual property. No
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patent license is granted to make, use, sell, offer for sale, have made, or
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import embodiments of any patent claims other than the licensed claims defined
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in Section 2. No license is granted to the trademarks of Licensor even if
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such marks are included in the Original Work. Nothing in this License shall
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be interpreted to prohibit Licensor from licensing under terms different from
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this License any Original Work that Licensor otherwise would have a right
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to license.
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5) External Deployment. The term "External Deployment" means the use, distribution,
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or communication of the Original Work or Derivative Works in any way such
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that the Original Work or Derivative Works may be used by anyone other than
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You, whether those works are distributed or communicated to those persons
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or made available as an application intended for use over a network. As an
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express condition for the grants of license hereunder, You must treat any
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External Deployment by You of the Original Work or a Derivative Work as a
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distribution under section 1(c).
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6) Attribution Rights. You must retain, in the Source Code of any Derivative
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Works that You create, all copyright, patent, or trademark notices from the
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Source Code of the Original Work, as well as any notices of licensing and
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any descriptive text identified therein as an "Attribution Notice." You must
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cause the Source Code for any Derivative Works that You create to carry a
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prominent Attribution Notice reasonably calculated to inform recipients that
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You have modified the Original Work.
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7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that
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the copyright in and to the Original Work and the patent rights granted herein
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by Licensor are owned by the Licensor or are sublicensed to You under the
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terms of this License with the permission of the contributor(s) of those copyrights
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and patent rights. Except as expressly stated in the immediately preceding
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sentence, the Original Work is provided under this License on an "AS IS" BASIS
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and WITHOUT WARRANTY, either express or implied, including, without limitation,
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the warranties of non-infringement, merchantability or fitness for a particular
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purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU.
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This DISCLAIMER OF WARRANTY constitutes an essential part of this License.
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No license to the Original Work is granted by this License except under this
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disclaimer.
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8) Limitation of Liability. Under no circumstances and under no legal theory,
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whether in tort (including negligence), contract, or otherwise, shall the
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Licensor be liable to anyone for any indirect, special, incidental, or consequential
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damages of any character arising as a result of this License or the use of
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the Original Work including, without limitation, damages for loss of goodwill,
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work stoppage, computer failure or malfunction, or any and all other commercial
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damages or losses. This limitation of liability shall not apply to the extent
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applicable law prohibits such limitation.
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9) Acceptance and Termination. If, at any time, You expressly assented to
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this License, that assent indicates your clear and irrevocable acceptance
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of this License and all of its terms and conditions. If You distribute or
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communicate copies of the Original Work or a Derivative Work, You must make
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a reasonable effort under the circumstances to obtain the express assent of
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recipients to the terms of this License. This License conditions your rights
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to undertake the activities listed in Section 1, including your right to create
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Derivative Works based upon the Original Work, and doing so without honoring
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these terms and conditions is prohibited by copyright law and international
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treaty. Nothing in this License is intended to affect copyright exceptions
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and limitations (including “fair use” or “fair dealing”). This License shall
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terminate immediately and You may no longer exercise any of the rights granted
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to You by this License upon your failure to honor the conditions in Section
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1(c).
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10) Termination for Patent Action. This License shall terminate automatically
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and You may no longer exercise any of the rights granted to You by this License
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as of the date You commence an action, including a cross-claim or counterclaim,
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against Licensor or any licensee alleging that the Original Work infringes
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a patent. This termination provision shall not apply for an action alleging
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patent infringement by combinations of the Original Work with other software
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or hardware.
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11) Jurisdiction, Venue and Governing Law. Any action or suit relating to
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this License may be brought only in the courts of a jurisdiction wherein the
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Licensor resides or in which Licensor conducts its primary business, and under
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the laws of that jurisdiction excluding its conflict-of-law provisions. The
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application of the United Nations Convention on Contracts for the International
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Sale of Goods is expressly excluded. Any use of the Original Work outside
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the scope of this License or after its termination shall be subject to the
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requirements and penalties of copyright or patent law in the appropriate jurisdiction.
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This section shall survive the termination of this License.
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12) Attorneys' Fees. In any action to enforce the terms of this License or
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seeking damages relating thereto, the prevailing party shall be entitled to
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recover its costs and expenses, including, without limitation, reasonable
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attorneys' fees and costs incurred in connection with such action, including
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any appeal of such action. This section shall survive the termination of this
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License.
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13) Miscellaneous. If any provision of this License is held to be unenforceable,
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such provision shall be reformed only to the extent necessary to make it enforceable.
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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. For legal entities,
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"You" includes any entity that controls, is controlled by, or is under common
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control with you. For purposes of this definition, "control" means (i) the
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power, direct or indirect, to cause the direction or management of such entity,
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whether by contract or otherwise, or (ii) ownership of fifty percent (50%)
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or more of the outstanding shares, or (iii) beneficial ownership of such entity.
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15) Right to Use. You may use the Original Work in all ways not otherwise
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restricted or conditioned by this License or by law, and Licensor promises
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not to interfere with or be responsible for such uses by You.
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16) Modification of This License. This License is Copyright (c) 2005 Lawrence
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Rosen and Copyright (c) 2017 Nigel Tzeng. Permission is granted to copy, distribute,
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or communicate this License without modification. Nothing in this License
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permits You to modify this License as applied to the Original Work or to Derivative
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Works. However, You may modify the text of this License and copy, distribute
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or communicate your modified version (the "Modified License") and apply it
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to other original works of authorship subject to the following conditions:
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(i) You may not indicate in any way that your Modified License is the "Open
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Software License" or "OSL" or the "Upstream Compatibility License" or "UCL"
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and you may not use those names in the name of your Modified License; (ii)
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You must replace the notice specified in the first paragraph above with the
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notice "Licensed under <insert your license name here>" or with a notice of
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your own that is not confusingly similar to the notice in this License; and
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(iii) You may not claim that your original works are open source software
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unless your Modified License has been approved by Open Source Initiative (OSI)
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and You comply with its license review and certification process.
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