first import

[projectpier.git] / license.txt

Honest Public License (HPL)
Version 1, August 2006

This license is a modified version of the GNU General Public License copyright (C) 
1989, 1991 Free Software Foundation, Inc. but has not been made with their 
permission. Section 2(d) has been added to cover use of software over a computer 
network. 
 
Everyone is permitted to copy and distribute verbatim copies of this license 
document, but changing it is not allowed.

The precise terms and conditions for copying, distribution and modification follow.

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

0. This License applies to any program or other work which contains a notice placed 
by the copyright holder saying it may be distributed under the terms of this Honest  
Public License. The "Program", below, refers to any such program or work, and a 
"work based on the Program" means either the Program or any derivative work under 
copyright law: that is to say, a work containing the Program or a portion of it, either 
verbatim or with modifications and/or translated into another language. (Hereinafter, 
translation is included without limitation in the term "modification".) Each licensee is 
addressed as "you".
Activities other than copying, distribution, communication to the public and 
modification are not covered by this License; they are outside its scope. The act of 
running the Program is not restricted for your use, and the output from the Program is 
covered only if its contents constitute a work based on the Program (independent of 
having been made by running the Program). Whether that is true depends on what 
the Program does.

1. You may copy and distribute verbatim copies of the Program's source code as you 
receive it, in any medium, provided that you conspicuously and appropriately publish 
on each copy an appropriate copyright notice and disclaimer of warranty; keep intact 
all the notices that refer to this License and to the absence of any warranty; and give 
any other recipients of the Program a copy of this License along with the Program.
You may charge a fee for the physical act of transferring a copy, and you may at your 
option offer warranty protection in exchange for a fee.

2. You may modify your copy or copies of the Program or any portion of it, thus 
forming a work based on the Program, and copy and distribute such modifications or 
work under the terms of Section 1 above, provided that you also meet all of these 
conditions:
a) You must cause the modified files to carry prominent notices stating that you 
changed the files and the date of any change.
b) You must cause any work that you distribute, communicate to the public or 
publish, that in whole or in part contains or is derived from the Program or any part 
thereof, to be licensed as a whole at no charge to all third parties under the terms of 
this License.
c) If the modified program normally reads commands interactively when run, you 
must cause it, when started running for such interactive use in the most ordinary way, 
to print or display an announcement including an appropriate copyright notice and a 
notice that there is no warranty (or else, saying that you provide a warranty) and that 
users may redistribute the program under these conditions, and telling the user how 
to view a copy of this License. (Exception: if the Program itself is interactive but does 
not normally print such an announcement, your work based on the Program is not 
required to print an announcement.)
These requirements apply to the modified work as a whole. If identifiable sections of 
that work are not derived from the Program, and can be reasonably considered 
independent and separate works in themselves, then this License, and its terms, do 
not apply to those sections when you distribute them as separate works. But when 
you distribute the same sections as part of a whole which is a work based on the 
Program, the distribution of the whole must be on the terms of this License, whose 
permissions for other licensees extend to the entire whole, and thus to each and 
every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest your rights to work 
written entirely by you; rather, the intent is to exercise the right to control the 
distribution of derivative or collective works based on the Program.
In addition, mere aggregation of another work not based on the Program with the 
Program (or with a work based on the Program) on a volume of a storage or 
distribution medium does not bring the other work under the scope of this License.
d)  For the purposes of determining the right to obtain copies of the source code (as 
well as the right to  modify and distribute such source code and object code), the 
term distribution shall include the communication of the Program or work based on 
the Program which is intended to interact with third party users (meaning anyone 
other than you or if you are an entity such as a corporation and not an individual, that 
corporation),  through a computer network and the user shall have the right to obtain 
the source code of the Program or work based on the Program. This provision is an 
express condition for the grants of license hereunder and any such communication 
shall be considered a distribution under Section 1, 2 and 3.

3. You may copy and distribute the Program (or a work based on it, under Section 2) 
in object code or executable form under the terms of Sections 1 and 2 above 
provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable source code, 
which must be distributed under the terms of Sections 1 and 2 above on a medium 
customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years, to give any third 
party, for a charge no more than your cost of physically performing source 
distribution, a complete machine-readable copy of the corresponding source code, to 
be distributed under the terms of Sections 1 and 2 above on a medium customarily 
used for software interchange; or,
c) Accompany it with the information you received as to the offer to distribute 
corresponding source code. (This alternative is allowed only for noncommercial 
distribution and only if you received the program in object code or executable form 
with such an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work for making 
modifications to it. For an executable work, complete source code means all the 
source code for all modules it contains, plus any associated interface definition files, 
plus the scripts used to control compilation and installation of the executable. 
However, as a special exception, the source code distributed need not include 
anything that is normally distributed (in either source or binary form) with the major 
components (compiler, kernel, and so on) of the operating system on which the 
executable runs, unless that component itself accompanies the executable.
If distribution of executable or object code is made by offering access to copy from a 
designated place, then offering equivalent access to copy the source code from the 
same place counts as distribution of the source code, even though third parties are 
not compelled to copy the source along with the object code.

4. You may not copy, modify, sublicense, make available to the public or distribute 
the Program except as expressly provided under this License. Any attempt otherwise 
to copy, modify, sublicense, make available to the public or distribute the Program is 
void, and will automatically terminate your rights under this License. However, parties 
who have received copies, or rights, from you under this License will not have their 
licenses terminated so long as such parties remain in full compliance.

5. You are not required to accept this License, since you have not signed it. However, 
nothing else grants you permission to modify or distribute the Program or its 
derivative works. These actions are prohibited by law if you do not accept this 
License. Therefore, by modifying or distributing the Program (or any work based on 
the Program), you indicate your acceptance of this License to do so, and all its terms 
and conditions for copying, distributing or modifying the Program or works based on 
it.

6. Each time you redistribute the Program (or any work based on the Program), the 
recipient automatically receives a license from the original licensor to copy, distribute 
or modify the Program subject to these terms and conditions. You may not impose 
any further restrictions on the recipients' exercise of the rights granted herein. You 
are not responsible for enforcing compliance by third parties to this License.

7. If, as a consequence of a court judgment or allegation of patent infringement or for 
any other reason (not limited to patent issues), conditions are imposed on you 
(whether by court order, agreement or otherwise) that contradict the conditions of this 
License, they do not excuse you from the conditions of this License. If you cannot 
distribute so as to satisfy simultaneously your obligations under this License and any 
other pertinent obligations, then as a consequence you may not distribute the 
Program at all. For example, if a patent license would not permit royalty-free 
redistribution of the Program by all those who receive copies directly or indirectly 
through you, then the only way you could satisfy both it and this License would be to 
refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under any particular 
circumstance, the balance of the section is intended to apply and the section as a 
whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or other 
property right claims or to contest validity of any such claims; this section has the 
sole purpose of protecting the integrity of the free software distribution system, which 
is implemented by public license practices. Many people have made generous 
contributions to the wide range of software distributed through that system in reliance 
on consistent application of that system; it is up to the author/donor to decide if he or 
she is willing to distribute software through any other system and a licensee cannot 
impose that choice.
This section is intended to make thoroughly clear what is believed to be a 
consequence of the rest of this License.

8. If the distribution and/or use of the Program is restricted in certain countries either 
by patents or by copyrighted interfaces, the original copyright holder who places the 
Program under this License may add an explicit geographical distribution limitation 
excluding those countries, so that distribution is permitted only in or among countries 
not thus excluded. In such case, this License incorporates the limitation as if written 
in the body of this License.

9.  Funambol may publish revised and/or new versions of the New Public License 
from time to time. Such new versions will be similar in spirit to the present version, 
but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Program specifies a 
version number of this License which applies to it and "any later version", you have 
the option of following the terms and conditions either of that version or of any later 
version published by Funambol. If the Program does not specify a version number of 
this License, you may choose any version ever published by Funambol.

10. If you wish to incorporate parts of the Program into other free programs whose 
distribution conditions are different, write to the author to ask for permission. For 
software which is copyrighted by Funambol., write to us; we sometimes make 
exceptions for this. Our decision will be guided by the two goals of preserving the free 
status of all derivatives of our free software and of promoting the sharing and reuse 
of software generally.

NO WARRANTY

11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO 
WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY 
APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE 
COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM 
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR 
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF 
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE 
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS 
WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE 
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN 
WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY 
MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE 
LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, 
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR 
INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF 
DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY 
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE 
WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY 
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

END OF TERMS AND CONDITIONS


How to Apply These Terms to Your New Programs

If you develop a new program, and you want it to be of the greatest possible use to 
the public, the best way to achieve this is to make it free software which everyone 
can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest to attach them to the 
start of each source file to most effectively convey the exclusion of warranty; and 
each file should have at least the "copyright" line and a pointer to where the full 
notice is found.
One line to give the program's name and a brief idea of what it does. 
Copyright (C) <year> <name of author>
This program is free software; you can redistribute it and/or modify it under the terms 
of the New Public License.
This program is distributed in the hope that it will be useful, but WITHOUT ANY 
WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS 
FOR A PARTICULAR PURPOSE. See the New Public License for more details.
You should have received a copy of the New Public License along with this program; 
if not, write to Funambol, 643 Bair Island Road, Suite 305 Redwood City, CA 94063.
Also add information on how to contact you by electronic and paper mail.
If the program is interactive, make it output a short notice like this when it starts in an 
interactive mode:
Gnomovision version 69, Copyright (C) year name of author Gnomovision comes 
with ABSOLUTELY NO WARRANTY; for details type `show w'. This is free software, 
and you are welcome to redistribute it under certain conditions; type `show c' for 
details.
The hypothetical commands `show w' and `show c' should show the appropriate 
parts of the New Public License. Of course, the commands you use may be called 
something other than `show w' and `show c'; they could even be mouse-clicks or 
menu items--whatever suits your program.