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9 <title>AROS Public License version 1.1</title>
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16 <font size="+2"><b>AROS PUBLIC LICENSE (APL)</b></font><br>
17 <b>Version 1.1</b><br>
18 <font size="-2">(based on the <a href="http://www.mozilla.org/NPL/MPL-1.1.html">MPL</a>)</font>
20 <p>
22 <hr WIDTH="20%"></center>
26 <p><b>1. Definitions.</b>
28 <ul><b>1.0.1. "Commercial Use" </b>means distribution or otherwise making
30 the Covered Code available to a third party.
32 <p><b>1.1. ''Contributor''</b> means each entity that creates or contributes
34 to the creation of Modifications.
36 <p><b>1.2. ''Contributor Version''</b> means the combination of the Original
38 Code, prior Modifications used by a Contributor, and the Modifications
40 made by that particular Contributor.
42 <p><b>1.3. ''Covered Code''</b> means the Original Code or Modifications
44 or the combination of the Original Code and Modifications, in each case
46 including portions thereof<b>.</b>
48 <p><b>1.4. ''Electronic Distribution Mechanism''</b> means a mechanism
50 generally accepted in the software development community for the electronic
52 transfer of data.
54 <p><b>1.5. ''Executable''</b> means Covered Code in any form other than
56 Source Code.
58 <p><b>1.6. ''Initial Developer''</b> means the individual or entity identified
60 as the Initial Developer in the Source Code notice required by <b>Exhibit
62 A</b>.
64 <p><b>1.7. ''Larger Work''</b> means a work which combines Covered Code
66 or portions thereof with code not governed by the terms of this License.
68 <p><b>1.8. ''License''</b> means this document.
70 <p><b>1.8.1. "Licensable"</b> means having the right to grant, to the maximum
72 extent possible, whether at the time of the initial grant or subsequently
74 acquired, any and all of the rights conveyed herein.
76 <p><b>1.9. ''Modifications''</b> means any addition to or deletion from
78 the substance or structure of either the Original Code or any previous
80 Modifications. When Covered Code is released as a series of files, a Modification
82 is:
84 <ul><b>A.</b> Any addition to or deletion from the contents of a file containing
86 Original Code or previous Modifications.
88 <p><b>B.</b> Any new file that contains any part of the Original Code or
90 previous Modifications.
92 <br>&nbsp;</ul>
94 <b>1.10. ''Original Code''</b> means Source Code of computer software code
96 which is described in the Source Code notice required by <b>Exhibit A</b>
98 as Original Code, and which, at the time of its release under this License
100 is not already Covered Code governed by this License.
102 <p><b>1.10.1. "Patent Claims"</b> means any patent claim(s), now owned
104 or hereafter acquired, including without limitation,&nbsp; method, process,
106 and apparatus claims, in any patent Licensable by grantor.
108 <p><b>1.11. ''Source Code''</b> means the preferred form of the Covered
110 Code for making modifications to it, including all modules it contains,
112 plus any associated interface definition files, scripts used to control
114 compilation and installation of an Executable, or source code differential
116 comparisons against either the Original Code or another well known, available
118 Covered Code of the Contributor's choice. The Source Code can be in a compressed
120 or archival form, provided the appropriate decompression or de-archiving
122 software is widely available for no charge.
124 <p><b>1.11.1 ''Source Tree''</b> means the whole Source Code or parts of
126 the Source Code which are contained in a single directory or in a hierarchy
128 of directories.
130 <p><b>1.12. ``You'' (or "Your")&nbsp;</b> means an individual or a legal
132 entity exercising rights under, and complying with all of the terms of,
134 this License or a future version of this License issued under Section 6.1.
136 For legal entities, ``You'' includes any entity which controls, is controlled
138 by, or is under common control with You. For purposes of this definition,
140 ``control'' means (a) the power, direct or indirect, to cause the direction
142 or management of such entity, whether by contract or otherwise, or (b)
144 ownership of more than fifty percent (50%) of the outstanding shares or
146 beneficial ownership of such entity.</ul>
148 <b>2. Source Code License.</b>
150 <ul><b>2.1. The Initial Developer Grant.</b>
152 <br>The Initial Developer hereby grants You a world-wide, royalty-free,
154 non-exclusive license, subject to third party intellectual property claims:
156 <ul><b>(a)</b>&nbsp;<b> </b>under intellectual property rights (other than
158 patent or trademark) Licensable by Initial Developer to use, reproduce,
160 modify, display, perform, sublicense and distribute the Original Code (or
162 portions thereof) with or without Modifications, and/or as part of a Larger
164 Work; and
166 <p><b>(b)</b> under Patents Claims infringed by the making, using or selling
168 of Original Code, to make, have made, use, practice, sell, and offer for
170 sale, and/or otherwise dispose of the Original Code (or portions thereof).
172 <ul>
174 <ul>&nbsp;</ul>
176 </ul>
178 <b>(c) </b>the licenses granted in this Section 2.1(a) and (b) are effective
180 on the date Initial Developer first distributes Original Code under the
182 terms of this License.
184 <p><b>(d) </b>Notwithstanding Section 2.1(b) above, no patent license is
186 granted: 1) for code that You delete from the Original Code; 2) separate
188 from the Original Code;&nbsp; or 3) for infringements caused by: i) the
190 modification of the Original Code or ii) the combination of the Original
192 Code with other software or devices.
194 <br>&nbsp;</ul>
196 <b>2.2. Contributor Grant.</b>
198 <br>Subject to third party intellectual property claims, each Contributor
200 hereby grants You a world-wide, royalty-free, non-exclusive license
202 <ul>&nbsp;
204 <br><b>(a)</b>&nbsp;<b> </b>under intellectual property rights (other than
206 patent or trademark) Licensable by Contributor, to use, reproduce, modify,
208 display, perform, sublicense and distribute the Modifications created by
210 such Contributor (or portions thereof) either on an unmodified basis, with
212 other Modifications, as Covered Code and/or as part of a Larger Work; and
214 <p><b>(b)</b> under Patent Claims infringed by the making, using, or selling
216 of&nbsp; Modifications made by that Contributor either alone and/or in<font color="#000000">
218 combination with its Contributor Version (or portions of such combination),
220 to make, use, sell, offer for sale, have made, and/or otherwise dispose
222 of: 1) Modifications made by that Contributor (or portions thereof); and
224 2) the combination of&nbsp; Modifications made by that Contributor with
226 its Contributor Version (or portions of such combination).</font>
228 <p><b>(c) </b>the licenses granted in Sections 2.2(a) and 2.2(b) are effective
230 on the date Contributor first makes Commercial Use of the Covered Code.
232 <p><b>(d)&nbsp;</b>&nbsp;&nbsp; Notwithstanding Section 2.2(b) above, no
234 patent license is granted: 1) for any code that Contributor has deleted
236 from the Contributor Version; 2)&nbsp; separate from the Contributor Version;&nbsp;
238 3)&nbsp; for infringements caused by: i) third party modifications of Contributor
240 Version or ii)&nbsp; the combination of Modifications made by that Contributor
242 with other software&nbsp; (except as part of the Contributor Version) or
244 other devices; or 4) under Patent Claims infringed by Covered Code in the
246 absence of Modifications made by that Contributor.</ul>
248 </ul>
252 <p><br><b>3. Distribution Obligations.</b>
254 <ul><b>3.1. Application of License.</b>
256 <br>The Modifications which You create or to which You contribute are governed
258 by the terms of this License, including without limitation Section <b>2.2</b>.
260 The Source Code version of Covered Code may be distributed only under the
262 terms of this License or a future version of this License released under
264 Section <b>6.1</b>, and You must include a copy of this License with every
266 copy of the Source Code You distribute. You may not offer or impose any
268 terms on any Source Code version that alters or restricts the applicable
270 version of this License or the recipients' rights hereunder. However, You
272 may include an additional document offering the additional rights described
274 in Section <b>3.5</b>.
276 <p><b>3.2. Availability of Source Code.</b>
278 <br>Any Modification which You create or to which You contribute must be
280 made available in Source Code form under the terms of this License either
282 on the same media as an Executable version or via an accepted Electronic
284 Distribution Mechanism to anyone to whom you made an Executable version
286 available; and if made available via Electronic Distribution Mechanism,
288 must remain available for at least twelve (12) months after the date it
290 initially became available, or at least six (6) months after a subsequent
292 version of that particular Modification has been made available to such
294 recipients. You are responsible for ensuring that the Source Code version
296 remains available even if the Electronic Distribution Mechanism is maintained
298 by a third party.
300 <p><b>3.3. Description of Modifications.</b>
302 <br>You must cause all Covered Code to which You contribute to contain
304 a file documenting the changes You made to create that Covered Code and
306 the date of any change. You must include a prominent statement that the
308 Modification is derived, directly or indirectly, from Original Code provided
310 by the Initial Developer and including the name of the Initial Developer
312 in (a) the Source Code, and (b) in any notice in an Executable version
314 or related documentation in which You describe the origin or ownership
316 of the Covered Code.
318 <p><b>3.4. Intellectual Property Matters</b>
320 <ul><b>(a) Third Party Claims</b>.
322 <br>If Contributor has knowledge that a license under a third party's intellectual
324 property rights is required to exercise the rights granted by such Contributor
326 under Sections 2.1 or 2.2, Contributor must include a text file with the
328 Source Code distribution titled ``LEGAL'' which describes the claim and
330 the party making the claim in sufficient detail that a recipient will know
332 whom to contact. If Contributor obtains such knowledge after the Modification
334 is made available as described in Section 3.2, Contributor shall promptly
336 modify the LEGAL file in all copies Contributor makes available thereafter
338 and shall take other steps (such as notifying appropriate mailing lists
340 or newsgroups) reasonably calculated to inform those who received the Covered
342 Code that new knowledge has been obtained.
344 <p><b>(b) Contributor APIs</b>.
346 <br>If Contributor's Modifications include an application programming interface
348 and Contributor has knowledge of patent licenses which are reasonably necessary
350 to implement that API, Contributor must also include this information in
352 the LEGAL file.
354 <br>&nbsp;</ul>
356 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <b>(c)&nbsp;&nbsp;&nbsp;
358 Representations.</b>
360 <ul>Contributor represents that, except as disclosed pursuant to Section
362 3.4(a) above, Contributor believes that Contributor's Modifications are
364 Contributor's original creation(s) and/or Contributor has sufficient rights
366 to grant the rights conveyed by this License.</ul>
370 <p><br><b>3.5. Required Notices.</b>
372 <br>You must duplicate the notice in <b>Exhibit A</b> in each file of the
374 Source Code.&nbsp; If it is not possible to put such notice in a particular
376 Source Code file due to its structure, then You must include such notice
378 in a location (such as a relevant directory) where a user would be likely
380 to look for such a notice.&nbsp; If You created one or more Modification(s)
382 You may add your name as a Contributor to the notice described in <b>Exhibit
384 A</b>.&nbsp; You must also duplicate this License in any documentation
386 for the Source Code where You describe recipients' rights or ownership
388 rights relating to Covered Code.&nbsp; You may choose to offer, and to
390 charge a fee for, warranty, support, indemnity or liability obligations
392 to one or more recipients of Covered Code. However, You may do so only
394 on Your own behalf, and not on behalf of the Initial Developer or any Contributor.
396 You must make it absolutely clear than any such warranty, support, indemnity
398 or liability obligation is offered by You alone, and You hereby agree to
400 indemnify the Initial Developer and every Contributor for any liability
402 incurred by the Initial Developer or such Contributor as a result of warranty,
404 support, indemnity or liability terms You offer.
406 <p><b>3.6. Distribution of Executable Versions.</b>
408 <br>You may distribute Covered Code in Executable form only if the requirements
410 of Section <b>3.1-3.5</b> have been met for that Covered Code, and if You
412 include a notice stating that the Source Code version of the Covered Code
414 is available under the terms of this License, including a description of
416 how and where You have fulfilled the obligations of Section <b>3.2</b>.
418 The notice must be conspicuously included in any notice in an Executable
420 version, related documentation or collateral in which You describe recipients'
422 rights relating to the Covered Code. You may distribute the Executable
424 version of Covered Code or ownership rights under a license of Your choice,
426 which may contain terms different from this License, provided that You
428 are in compliance with the terms of this License and that the license for
430 the Executable version does not attempt to limit or alter the recipient's
432 rights in the Source Code version from the rights set forth in this License.
434 If You distribute the Executable version under a different license You
436 must make it absolutely clear that any terms which differ from this License
438 are offered by You alone, not by the Initial Developer or any Contributor.
440 You hereby agree to indemnify the Initial Developer and every Contributor
442 for any liability incurred by the Initial Developer or such Contributor
444 as a result of any such terms You offer.
446 <p><b>3.7. Larger Works.</b>
448 <br>You may create a Larger Work by combining Covered Code with other code
450 not governed by the terms of this License and distribute the Larger Work
452 as a single product. In such a case, You must make sure the requirements
454 of this License are fulfilled for the Covered Code.</ul>
456 <b>4. Inability to Comply Due to Statute or Regulation.</b>
458 <ul>If it is impossible for You to comply with any of the terms of this
460 License with respect to some or all of the Covered Code due to statute,
462 judicial order, or regulation then You must: (a) comply with the terms
464 of this License to the maximum extent possible; and (b) describe the limitations
466 and the code they affect. Such description must be included in the LEGAL
468 file described in Section <b>3.4</b> and must be included with all distributions
470 of the Source Code. Except to the extent prohibited by statute or regulation,
472 such description must be sufficiently detailed for a recipient of ordinary
474 skill to be able to understand it.</ul>
476 <b>5. Application of this License.</b>
478 <ul><b>5.1. Attached license</b>.
480 <br>This License applies to code to which the Initial Developer has attached
482 the notice in <b>Exhibit A</b> and to related Covered Code.</ul>
484 <ul><b>5.2. Detached license</b>.
486 <br>This License applies to code which is part of a Source Tree containing
488 this license in a file named LICENSE or license.html at the top of its
490 hierarchy and which is not explicitly covered by a different license.</ul>
492 <b>6. Versions of the License.</b>
494 <ul><b>6.1. New Versions</b>.
496 <br>The AROS development team may publish revised and/or new versions
498 of the License from time to time. Each version will be given a
500 distinguishing version number.
502 <p><b>6.2. Effect of New Versions</b>.
504 <br>Once Covered Code has been published under a particular version of
506 the License, You may always continue to use it under the terms of that
508 version. You may also choose to use such Covered Code under the terms of
510 any subsequent version of the License. No one other
512 than the AROS development team has the right to modify the terms
514 applicable to Covered Code created under this License.</ul>
516 <b>7. DISCLAIMER OF WARRANTY.</b>
518 <ul>COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS'' BASIS, WITHOUT
520 WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
522 WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT
524 FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY
526 AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE
528 PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
530 CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION.
532 THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
534 NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.</ul>
536 <b>8. TERMINATION.</b>
538 <ul><b>8.1.&nbsp; </b>This License and the rights granted hereunder will
540 terminate automatically if You fail to comply with terms herein and fail
542 to cure such breach within 30 days of becoming aware of the breach. All
544 sublicenses to the Covered Code which are properly granted shall survive
546 any termination of this License. Provisions which, by their nature, must
548 remain in effect beyond the termination of this License shall survive.
550 <p><b>8.2.&nbsp; </b>If You initiate litigation by asserting a patent infringement
552 claim (excluding declatory judgment actions) against Initial Developer
554 or a Contributor (the Initial Developer or Contributor against whom You
556 file such action is referred to as "Participant")&nbsp; alleging that:
558 <p><b>(a)&nbsp; </b>such Participant's Contributor Version directly or
560 indirectly infringes any patent, then any and all rights granted by such
562 Participant to You under Sections 2.1 and/or 2.2 of this License shall,
564 upon 60 days notice from Participant terminate prospectively, unless if
566 within 60 days after receipt of notice You either: (i)&nbsp; agree in writing
568 to pay Participant a mutually agreeable reasonable royalty for Your past
570 and future use of Modifications made by such Participant, or (ii) withdraw
572 Your litigation claim with respect to the Contributor Version against such
574 Participant.&nbsp; If within 60 days of notice, a reasonable royalty and
576 payment arrangement are not mutually agreed upon in writing by the parties
578 or the litigation claim is not withdrawn, the rights granted by Participant
580 to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration
582 of the 60 day notice period specified above.
584 <p><b>(b)</b>&nbsp; any software, hardware, or device, other than such
586 Participant's Contributor Version, directly or indirectly infringes any
588 patent, then any rights granted to You by such Participant under Sections
590 2.1(b) and 2.2(b) are revoked effective as of the date You first made,
592 used, sold, distributed, or had made, Modifications made by that Participant.
594 <p><b>8.3.&nbsp; </b>If You assert a patent infringement claim against
596 Participant alleging that such Participant's Contributor Version directly
598 or indirectly infringes any patent where such claim is resolved (such as
600 by license or settlement) prior to the initiation of patent infringement
602 litigation, then the reasonable value of the licenses granted by such Participant
604 under Sections 2.1 or 2.2 shall be taken into account in determining the
606 amount or value of any payment or license.
608 <p><b>8.4.</b>&nbsp; In the event of termination under Sections 8.1 or
610 8.2 above,&nbsp; all end user license agreements (excluding distributors
612 and resellers) which have been validly granted by You or any distributor
614 hereunder prior to termination shall survive termination.</ul>
616 <b>9. LIMITATION OF LIABILITY.</b>
618 <ul>UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
620 NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER,
622 ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER
624 OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
626 INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
628 LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE
630 OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
632 IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
634 THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
636 PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE
638 LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
640 OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION
642 AND LIMITATION MAY NOT APPLY TO YOU.</ul>
644 <b>10. U.S. GOVERNMENT END USERS.</b>
646 <ul>The Covered Code is a ''commercial item,'' as that term is defined
648 in 48 C.F.R. 2.101 (Oct. 1995), consisting of ''commercial computer software''
650 and ''commercial computer software documentation,'' as such terms are used
652 in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and
654 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
656 End Users acquire Covered Code with only those rights set forth herein.</ul>
658 <b>11. MISCELLANEOUS.</b>
660 <ul>This License represents the complete agreement concerning subject matter
662 hereof. If any provision of this License is held to be unenforceable, such
664 provision shall be reformed only to the extent necessary to make it enforceable.</ul>
666 <b>12. RESPONSIBILITY FOR CLAIMS.</b>
668 <ul>As between Initial Developer and the Contributors, each party is responsible
670 for claims and damages arising, directly or indirectly, out of its utilization
672 of rights under this License and You agree to work with Initial Developer
674 and Contributors to distribute such responsibility on an equitable basis.
676 Nothing herein is intended or shall be deemed to constitute any admission
678 of liability.</ul>
680 <b>13. MULTIPLE-LICENSED CODE.</b>
682 <ul>Initial Developer may designate portions of the Covered Code as "Multiple-Licensed".&nbsp;
684 "Multiple-Licensed" means that the Initial Developer permits you to utilize
686 portions of the Covered Code under alternative licenses specified by the
688 Initial Developer in the file described in Exhibit A.</ul>
690 <p><br><b>EXHIBIT A - AROS Public License.</b>
692 <ul>``The contents of this file are subject to the AROS Public License
694 Version 1.1 (the "License"); you may not use this file except in compliance
696 with the License. You may obtain a copy of the License at
698 <br>http://www.aros.org/license.html
700 <p>Software distributed under the License is distributed on an "AS IS"
702 basis, WITHOUT WARRANTY OF
704 <br>ANY KIND, either express or implied. See the License for the specific
706 language governing rights and
708 <br>limitations under the License.
710 <p>The Original Code is ______________________________________.
712 <p>The Initial Developer of the Original Code is ________________________.
714 Portions created by
716 <br>&nbsp;______________________ are Copyright (C) ______ _______________________.
718 All Rights
720 <br>Reserved.
722 <p>Contributor(s): ______________________________________.
724 <p>Alternatively, the contents of this file may be used under the terms
726 of the _____ license (the&nbsp; [___] License), in which case the provisions
728 of [______] License are applicable&nbsp; instead of those above.&nbsp;
730 If you wish to allow use of your version of this file only under the terms
732 of the [____] License and not to allow others to use your version of this
734 file under the APL, indicate your decision by deleting&nbsp; the provisions
736 above and replace&nbsp; them with the notice and other provisions required
738 by the [___] License.&nbsp; If you do not delete the provisions above,
740 a recipient may use your version of this file under either the APL or the
742 [___] License."
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