From 5caa39a24eff73fb6dd8e1f38227dbab38deaf37 Mon Sep 17 00:00:00 2001 From: Fabian Groffen Date: Thu, 4 Aug 2005 18:36:53 +0000 Subject: Adding licenses needed for dev-db/monetdb --- licenses/MonetDBPL-1.1 | 530 +++++++++++++++++++++++++++++++++++++++++++++ licenses/PathfinderPL-1.1 | 532 ++++++++++++++++++++++++++++++++++++++++++++++ 2 files changed, 1062 insertions(+) create mode 100644 licenses/MonetDBPL-1.1 create mode 100644 licenses/PathfinderPL-1.1 (limited to 'licenses') diff --git a/licenses/MonetDBPL-1.1 b/licenses/MonetDBPL-1.1 new file mode 100644 index 000000000000..ac2de955abcf --- /dev/null +++ b/licenses/MonetDBPL-1.1 @@ -0,0 +1,530 @@ +The MonetDB Public License + + MonetDB Public License Version 1.1 + + This License is a derivative of the [20]Mozilla Public License (MPL) + Version 1.1, where the difference is that all references to "Mozilla" + and "Netscape" have been changed to "MonetDB" and "CWI", and that the + License has been made subject to the laws of The Netherlands. + +1. Definitions. + + 1.0.1. "Commercial Use" + means distribution or otherwise making the Covered Code + available to a third party. + + 1.1. "Contributor" + means each entity that creates or contributes to the creation + of Modifications. + + 1.2. "Contributor Version" + means the combination of the Original Code, prior Modifications + used by a Contributor, and the Modifications made by that + particular Contributor. + + 1.3. "Covered Code" + means the Original Code or Modifications or the combination of + the Original Code and Modifications, in each case including + portions thereof. + + 1.4. "Electronic Distribution Mechanism" + means a mechanism generally accepted in the software + development community for the electronic transfer of data. + + 1.5. "Executable" + means Covered Code in any form other than Source Code. + + 1.6. "Initial Developer" + means the individual or entity identified as the Initial + Developer in the Source Code notice required by [21]Exhibit A. + + 1.7. "Larger Work" + means a work which combines Covered Code or portions thereof + with code not governed by the terms of this License. + + 1.8. "License" + means this document. + + 1.8.1. "Licensable" + means having the right to grant, to the maximum extent + possible, whether at the time of the initial grant or + subsequently acquired, any and all of the rights conveyed + herein. + + 1.9. "Modifications" + means any addition to or deletion from the substance or + structure of either the Original Code or any previous + Modifications. When Covered Code is released as a series of + files, a Modification is: + + a. Any addition to or deletion from the contents of a file + containing Original Code or previous Modifications. + b. Any new file that contains any part of the Original Code or + previous Modifications. + + 1.10. "Original Code" + means Source Code of computer software code which is described + in the Source Code notice required by [22]Exhibit A as Original + Code, and which, at the time of its release under this License + is not already Covered Code governed by this License. + + 1.10.1. "Patent Claims" + means any patent claim(s), now owned or hereafter acquired, + including without limitation, method, process, and apparatus + claims, in any patent Licensable by grantor. + + 1.11. "Source Code" + means the preferred form of the Covered Code for making + modifications to it, including all modules it contains, plus + any associated interface definition files, scripts used to + control compilation and installation of an Executable, or + source code differential comparisons against either the + Original Code or another well known, available Covered Code of + the Contributor's choice. The Source Code can be in a + compressed or archival form, provided the appropriate + decompression or de-archiving software is widely available for + no charge. + + 1.12. "You" (or "Your") + means an individual or a legal entity exercising rights under, + and complying with all of the terms of, this License or a + future version of this License issued under [23]Section 6.1. + For legal entities, "You" includes any entity which controls, + is controlled by, or is under common control with You. For + purposes of this definition, "control" means (a) the power, + direct or indirect, to cause the direction or management of + such entity, whether by contract or otherwise, or (b) ownership + of more than fifty percent (50%) of the outstanding shares or + beneficial ownership of such entity. + +2. Source Code License. + + 2.1. The Initial Developer Grant. + + The Initial Developer hereby grants You a world-wide, royalty-free, + non-exclusive license, subject to third party intellectual property + claims: + a. under intellectual property rights (other than patent or + trademark) Licensable by Initial Developer to use, reproduce, + modify, display, perform, sublicense and distribute the Original + Code (or portions thereof) with or without Modifications, and/or + as part of a Larger Work; and + b. under Patents Claims infringed by the making, using or selling of + Original Code, to make, have made, use, practice, sell, and offer + for sale, and/or otherwise dispose of the Original Code (or + portions thereof). + c. the licenses granted in this Section 2.1 ([24]a) and ([25]b) are + effective on the date Initial Developer first distributes Original + Code under the terms of this License. + d. Notwithstanding Section 2.1 ([26]b) above, no patent license is + granted: 1) for code that You delete from the Original Code; 2) + separate from the Original Code; or 3) for infringements caused + by: i) the modification of the Original Code or ii) the + combination of the Original Code with other software or devices. + + 2.2. Contributor Grant. + + Subject to third party intellectual property claims, each Contributor + hereby grants You a world-wide, royalty-free, non-exclusive license + a. under intellectual property rights (other than patent or + trademark) Licensable by Contributor, to use, reproduce, modify, + display, perform, sublicense and distribute the Modifications + created by such Contributor (or portions thereof) either on an + unmodified basis, with other Modifications, as Covered Code and/or + as part of a Larger Work; and + b. under Patent Claims infringed by the making, using, or selling of + Modifications made by that Contributor either alone and/or in + combination with its Contributor Version (or portions of such + combination), to make, use, sell, offer for sale, have made, + and/or otherwise dispose of: 1) Modifications made by that + Contributor (or portions thereof); and 2) the combination of + Modifications made by that Contributor with its Contributor + Version (or portions of such combination). + c. the licenses granted in Sections 2.2 ([27]a) and 2.2 ([28]b) are + effective on the date Contributor first makes Commercial Use of + the Covered Code. + d. Notwithstanding Section 2.2 ([29]b) above, no patent license is + granted: 1) for any code that Contributor has deleted from the + Contributor Version; 2) separate from the Contributor Version; 3) + for infringements caused by: i) third party modifications of + Contributor Version or ii) the combination of Modifications made + by that Contributor with other software (except as part of the + Contributor Version) or other devices; or 4) under Patent Claims + infringed by Covered Code in the absence of Modifications made by + that Contributor. + +3. Distribution Obligations. + + 3.1. Application of License. + + The Modifications which You create or to which You contribute are + governed by the terms of this License, including without limitation + Section [30]2.2. The Source Code version of Covered Code may be + distributed only under the terms of this License or a future version + of this License released under Section [31]6.1, and You must include a + copy of this License with every copy of the Source Code You + distribute. You may not offer or impose any terms on any Source Code + version that alters or restricts the applicable version of this + License or the recipients' rights hereunder. However, You may include + an additional document offering the additional rights described in + Section [32]3.5. + + 3.2. Availability of Source Code. + + Any Modification which You create or to which You contribute must be + made available in Source Code form under the terms of this License + either on the same media as an Executable version or via an accepted + Electronic Distribution Mechanism to anyone to whom you made an + Executable version available; and if made available via Electronic + Distribution Mechanism, must remain available for at least twelve (12) + months after the date it initially became available, or at least six + (6) months after a subsequent version of that particular Modification + has been made available to such recipients. You are responsible for + ensuring that the Source Code version remains available even if the + Electronic Distribution Mechanism is maintained by a third party. + + 3.3. Description of Modifications. + + You must cause all Covered Code to which You contribute to contain a + file documenting the changes You made to create that Covered Code and + the date of any change. You must include a prominent statement that + the Modification is derived, directly or indirectly, from Original + Code provided by the Initial Developer and including the name of the + Initial Developer in (a) the Source Code, and (b) in any notice in an + Executable version or related documentation in which You describe the + origin or ownership of the Covered Code. + + 3.4. Intellectual Property Matters + + (a) Third Party Claims + + If Contributor has knowledge that a license under a third party's + intellectual property rights is required to exercise the rights + granted by such Contributor under Sections [33]2.1 or [34]2.2, + Contributor must include a text file with the Source Code distribution + titled "LEGAL" which describes the claim and the party making the + claim in sufficient detail that a recipient will know whom to contact. + If Contributor obtains such knowledge after the Modification is made + available as described in Section [35]3.2, Contributor shall promptly + modify the LEGAL file in all copies Contributor makes available + thereafter and shall take other steps (such as notifying appropriate + mailing lists or newsgroups) reasonably calculated to inform those who + received the Covered Code that new knowledge has been obtained. + + (b) Contributor APIs + + If Contributor's Modifications include an application programming + interface and Contributor has knowledge of patent licenses which are + reasonably necessary to implement that API, Contributor must also + include this information in the legal file. + + (c) Representations. + + Contributor represents that, except as disclosed pursuant to Section + 3.4 ([36]a) above, Contributor believes that Contributor's + Modifications are Contributor's original creation(s) and/or + Contributor has sufficient rights to grant the rights conveyed by this + License. + + 3.5. Required Notices. + + You must duplicate the notice in [37]Exhibit A in each file of the + Source Code. If it is not possible to put such notice in a particular + Source Code file due to its structure, then You must include such + notice in a location (such as a relevant directory) where a user would + be likely to look for such a notice. If You created one or more + Modification(s) You may add your name as a Contributor to the notice + described in [38]Exhibit A. You must also duplicate this License in + any documentation for the Source Code where You describe recipients' + rights or ownership rights relating to Covered Code. You may choose to + offer, and to charge a fee for, warranty, support, indemnity or + liability obligations to one or more recipients of Covered Code. + However, You may do so only on Your own behalf, and not on behalf of + the Initial Developer or any Contributor. You must make it absolutely + clear than any such warranty, support, indemnity or liability + obligation is offered by You alone, and You hereby agree to indemnify + the Initial Developer and every Contributor for any liability incurred + by the Initial Developer or such Contributor as a result of warranty, + support, indemnity or liability terms You offer. + + 3.6. Distribution of Executable Versions. + + You may distribute Covered Code in Executable form only if the + requirements of Sections [39]3.1, [40]3.2, [41]3.3, [42]3.4 and + [43]3.5 have been met for that Covered Code, and if You include a + notice stating that the Source Code version of the Covered Code is + available under the terms of this License, including a description of + how and where You have fulfilled the obligations of Section [44]3.2. + The notice must be conspicuously included in any notice in an + Executable version, related documentation or collateral in which You + describe recipients' rights relating to the Covered Code. You may + distribute the Executable version of Covered Code or ownership rights + under a license of Your choice, which may contain terms different from + this License, provided that You are in compliance with the terms of + this License and that the license for the Executable version does not + attempt to limit or alter the recipient's rights in the Source Code + version from the rights set forth in this License. If You distribute + the Executable version under a different license You must make it + absolutely clear that any terms which differ from this License are + offered by You alone, not by the Initial Developer or any Contributor. + You hereby agree to indemnify the Initial Developer and every + Contributor for any liability incurred by the Initial Developer or + such Contributor as a result of any such terms You offer. + + 3.7. Larger Works. + + You may create a Larger Work by combining Covered Code with other code + not governed by the terms of this License and distribute the Larger + Work as a single product. In such a case, You must make sure the + requirements of this License are fulfilled for the Covered Code. + +4. Inability to Comply Due to Statute or Regulation. + + If it is impossible for You to comply with any of the terms of this + License with respect to some or all of the Covered Code due to + statute, judicial order, or regulation then You must: (a) comply with + the terms of this License to the maximum extent possible; and (b) + describe the limitations and the code they affect. Such description + must be included in the legal file described in Section [45]3.4 and + must be included with all distributions of the Source Code. Except to + the extent prohibited by statute or regulation, such description must + be sufficiently detailed for a recipient of ordinary skill to be able + to understand it. + +5. Application of this License. + + This License applies to code to which the Initial Developer has + attached the notice in [46]Exhibit A and to related Covered Code. + +6. Versions of the License. + + 6.1. New Versions + + Stichting Centrum voor Wiskunde en Informatica ("CWI") may publish + revised and/or new versions of the License from time to time. Each + version will be given a distinguishing version number. + + 6.2. Effect of New Versions + + Once Covered Code has been published under a particular version of the + License, You may always continue to use it under the terms of that + version. You may also choose to use such Covered Code under the terms + of any subsequent version of the License published by CWI. No one + other than CWI has the right to modify the terms applicable to Covered + Code created under this License. + + 6.3. Derivative Works + + If You create or use a modified version of this License (which you may + only do in order to apply it to code which is not already Covered Code + governed by this License), You must (a) rename Your license so that + the phrases "MonetDB", "CWI" or any confusingly similar phrase do not + appear in your license (except to note that your license differs from + this License) and (b) otherwise make it clear that Your version of the + license contains terms which differ from the MonetDB Public License. + (Filling in the name of the Initial Developer, Original Code or + Contributor in the notice described in [47]Exhibit A shall not of + themselves be deemed to be modifications of this License.) + +7. Disclaimer of warranty + + Covered code is provided under this license on an "as is" basis, + without warranty of any kind, either expressed or implied, including, + without limitation, warranties that the covered code is free of + defects, merchantable, fit for a particular purpose or non-infringing. + The entire risk as to the quality and performance of the covered code + is with you. Should any covered code prove defective in any respect, + you (not the initial developer or any other contributor) assume the + cost of any necessary servicing, repair or correction. This disclaimer + of warranty constitutes an essential part of this license. No use of + any covered code is authorized hereunder except under this disclaimer. + +8. Termination + + 8.1. This License and the rights granted hereunder will terminate + automatically if You fail to comply with terms herein and fail to cure + such breach within 30 days of becoming aware of the breach. All + sublicenses to the Covered Code which are properly granted shall + survive any termination of this License. Provisions which, by their + nature, must remain in effect beyond the termination of this License + shall survive. + + 8.2. If You initiate litigation by asserting a patent infringement + claim (excluding declatory judgment actions) against Initial Developer + or a Contributor (the Initial Developer or Contributor against whom + You file such action is referred to as "Participant") alleging that: + a. such Participant's Contributor Version directly or indirectly + infringes any patent, then any and all rights granted by such + Participant to You under Sections [48]2.1 and/or [49]2.2 of this + License shall, upon 60 days notice from Participant terminate + prospectively, unless if within 60 days after receipt of notice + You either: (i) agree in writing to pay Participant a mutually + agreeable reasonable royalty for Your past and future use of + Modifications made by such Participant, or (ii) withdraw Your + litigation claim with respect to the Contributor Version against + such Participant. If within 60 days of notice, a reasonable + royalty and payment arrangement are not mutually agreed upon in + writing by the parties or the litigation claim is not withdrawn, + the rights granted by Participant to You under Sections [50]2.1 + and/or [51]2.2 automatically terminate at the expiration of the 60 + day notice period specified above. + b. any software, hardware, or device, other than such Participant's + Contributor Version, directly or indirectly infringes any patent, + then any rights granted to You by such Participant under Sections + 2.1([52]b) and 2.2([53]b) are revoked effective as of the date You + first made, used, sold, distributed, or had made, Modifications + made by that Participant. + + 8.3. If You assert a patent infringement claim against Participant + alleging that such Participant's Contributor Version directly or + indirectly infringes any patent where such claim is resolved (such as + by license or settlement) prior to the initiation of patent + infringement litigation, then the reasonable value of the licenses + granted by such Participant under Sections [54]2.1 or [55]2.2 shall be + taken into account in determining the amount or value of any payment + or license. + + 8.4. In the event of termination under Sections [56]8.1 or [57]8.2 + above, all end user license agreements (excluding distributors and + resellers) which have been validly granted by You or any distributor + hereunder prior to termination shall survive termination. + +9. Limitation of liability + + Under no circumstances and under no legal theory, whether tort + (including negligence), contract, or otherwise, shall you, the initial + developer, any other contributor, or any distributor of covered code, + or any supplier of any of such parties, be liable to any person for + any indirect, special, incidental, or consequential damages of any + character including, without limitation, damages for loss of goodwill, + work stoppage, computer failure or malfunction, or any and all other + commercial damages or losses, even if such party shall have been + informed of the possibility of such damages. This limitation of + liability shall not apply to liability for death or personal injury + resulting from such party's negligence to the extent applicable law + prohibits such limitation. Some jurisdictions do not allow the + exclusion or limitation of incidental or consequential damages, so + this exclusion and limitation may not apply to you. + +10. U.S. government end users + + The Covered Code is a "commercial item," as that term is defined in 48 + C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" + and "commercial computer software documentation," as such terms are + used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. + 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all + U.S. Government End Users acquire Covered Code with only those rights + set forth herein. + +11. Miscellaneous + + This License represents the complete agreement concerning subject + matter hereof. If any provision of this License is held to be + unenforceable, such provision shall be reformed only to the extent + necessary to make it enforceable. This License shall be governed by + the laws of The Netherlands and You hereby irrevocably agree that the + Courts of Amsterdam, The Netherlands, are to have jurisdiction to + settle any disputes which may arise out of or in connection with this + License. The application of the United Nations Convention on Contracts + for the International Sale of Goods is expressly excluded. Any law or + regulation which provides that the language of a contract shall be + construed against the drafter shall not apply to this License. + +12. Responsibility for claims + + As between Initial Developer and the Contributors, each party is + responsible for claims and damages arising, directly or indirectly, + out of its utilization of rights under this License and You agree to + work with Initial Developer and Contributors to distribute such + responsibility on an equitable basis. Nothing herein is intended or + shall be deemed to constitute any admission of liability. + +13. Multiple-licensed code + + Initial Developer may designate portions of the Covered Code as + "Multiple-Licensed". "Multiple-Licensed" means that the Initial + Developer permits you to utilize portions of the Covered Code under + Your choice of the MonetDB Public License or the alternative licenses, + if any, specified by the Initial Developer in the file described in + [58]Exhibit A. + +Exhibit A - MonetDB Public License. + +"The contents of this file are subject to the MonetDB Public License +Version 1.1 (the "License"); you may not use this file except in +compliance with the License. You may obtain a copy of the License at +http://monetdb.cwi.nl/Legal/MonetDBLicense-1.1.html + +Software distributed under the License is distributed on an "AS IS" +basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the +License for the specific language governing rights and limitations +under the License. + +The Original Code is ______________________________________. + +The Initial Developer of the Original Code is ________________________. +Portions created by ______________________ are Copyright (C) ______ +_______________________. All Rights Reserved. + +Contributor(s): ______________________________________. + +Alternatively, the contents of this file may be used under the terms +of the _____ license (the "[___] License"), in which case the +provisions of [______] License are applicable instead of those +above. If you wish to allow use of your version of this file only +under the terms of the [____] License and not to allow others to use +your version of this file under the MonetDB Public License, indicate +your decision by deleting the provisions above and replace them with +the notice and other provisions required by the [___] License. If you +do not delete the provisions above, a recipient may use your version +of this file under either the MonetDB Public License or the [___] License." + + NOTE: The text of this Exhibit A may differ slightly from the text of + the notices in the Source Code files of the Original Code. You should + use the text of this Exhibit A rather than the text found in the + Original Code Source Code for Your Modifications. + + [59]© 1994-2005 CWI + +References + + 20. http://www.mozilla.org/MPL/MPL-1.1.html + 21. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#exhibit-a + 22. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#exhibit-a + 23. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-6.1 + 24. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.1-a + 25. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.1-b + 26. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.1-b + 27. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.2-a + 28. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.2-b + 29. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.2-b + 30. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.2 + 31. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-6.1 + 32. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-3.5 + 33. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.1 + 34. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.2 + 35. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-3.2 + 36. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-3.4-a + 37. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#exhibit-a + 38. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#exhibit-a + 39. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-3.1 + 40. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-3.2 + 41. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-3.3 + 42. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-3.4 + 43. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-3.5 + 44. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-3.2 + 45. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-3.4 + 46. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#exhibit-a + 47. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#exhibit-a + 48. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.1 + 49. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.2 + 50. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.1 + 51. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.2 + 52. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.1-b + 53. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.2-b + 54. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.1 + 55. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.2 + 56. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-8.1 + 57. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-8.2 + 58. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#exhibit-a + 59. http://www.cwi.nl/ diff --git a/licenses/PathfinderPL-1.1 b/licenses/PathfinderPL-1.1 new file mode 100644 index 000000000000..f680725249c0 --- /dev/null +++ b/licenses/PathfinderPL-1.1 @@ -0,0 +1,532 @@ +The Pathfinder Public License + + Pathfinder Public License Version 1.1 + + This License is a derivative of the [20]MonetDB Public License Version + 1.1, where the difference is that all references to "MonetDB" and + "CWI" have been changed to "Pathfinder" and "University of Konstanz", + and that the License has been made subject to German law. + +1. Definitions. + + 1.0.1. "Commercial Use" + means distribution or otherwise making the Covered Code + available to a third party. + + 1.1. "Contributor" + means each entity that creates or contributes to the creation + of Modifications. + + 1.2. "Contributor Version" + means the combination of the Original Code, prior Modifications + used by a Contributor, and the Modifications made by that + particular Contributor. + + 1.3. "Covered Code" + means the Original Code or Modifications or the combination of + the Original Code and Modifications, in each case including + portions thereof. + + 1.4. "Electronic Distribution Mechanism" + means a mechanism generally accepted in the software + development community for the electronic transfer of data. + + 1.5. "Executable" + means Covered Code in any form other than Source Code. + + 1.6. "Initial Developer" + means the individual or entity identified as the Initial + Developer in the Source Code notice required by [21]Exhibit A. + + 1.7. "Larger Work" + means a work which combines Covered Code or portions thereof + with code not governed by the terms of this License. + + 1.8. "License" + means this document. + + 1.8.1. "Licensable" + means having the right to grant, to the maximum extent + possible, whether at the time of the initial grant or + subsequently acquired, any and all of the rights conveyed + herein. + + 1.9. "Modifications" + means any addition to or deletion from the substance or + structure of either the Original Code or any previous + Modifications. When Covered Code is released as a series of + files, a Modification is: + + a. Any addition to or deletion from the contents of a file + containing Original Code or previous Modifications. + b. Any new file that contains any part of the Original Code or + previous Modifications. + + 1.10. "Original Code" + means Source Code of computer software code which is described + in the Source Code notice required by [22]Exhibit A as Original + Code, and which, at the time of its release under this License + is not already Covered Code governed by this License. + + 1.10.1. "Patent Claims" + means any patent claim(s), now owned or hereafter acquired, + including without limitation, method, process, and apparatus + claims, in any patent Licensable by grantor. + + 1.11. "Source Code" + means the preferred form of the Covered Code for making + modifications to it, including all modules it contains, plus + any associated interface definition files, scripts used to + control compilation and installation of an Executable, or + source code differential comparisons against either the + Original Code or another well known, available Covered Code of + the Contributor's choice. The Source Code can be in a + compressed or archival form, provided the appropriate + decompression or de-archiving software is widely available for + no charge. + + 1.12. "You" (or "Your") + means an individual or a legal entity exercising rights under, + and complying with all of the terms of, this License or a + future version of this License issued under [23]Section 6.1. + For legal entities, "You" includes any entity which controls, + is controlled by, or is under common control with You. For + purposes of this definition, "control" means (a) the power, + direct or indirect, to cause the direction or management of + such entity, whether by contract or otherwise, or (b) ownership + of more than fifty percent (50%) of the outstanding shares or + beneficial ownership of such entity. + +2. Source Code License. + + 2.1. The Initial Developer Grant. + + The Initial Developer hereby grants You a world-wide, royalty-free, + non-exclusive license, subject to third party intellectual property + claims: + a. under intellectual property rights (other than patent or + trademark) Licensable by Initial Developer to use, reproduce, + modify, display, perform, sublicense and distribute the Original + Code (or portions thereof) with or without Modifications, and/or + as part of a Larger Work; and + b. under Patents Claims infringed by the making, using or selling of + Original Code, to make, have made, use, practice, sell, and offer + for sale, and/or otherwise dispose of the Original Code (or + portions thereof). + c. the licenses granted in this Section 2.1 ([24]a) and ([25]b) are + effective on the date Initial Developer first distributes Original + Code under the terms of this License. + d. Notwithstanding Section 2.1 ([26]b) above, no patent license is + granted: 1) for code that You delete from the Original Code; 2) + separate from the Original Code; or 3) for infringements caused + by: i) the modification of the Original Code or ii) the + combination of the Original Code with other software or devices. + + 2.2. Contributor Grant. + + Subject to third party intellectual property claims, each Contributor + hereby grants You a world-wide, royalty-free, non-exclusive license + a. under intellectual property rights (other than patent or + trademark) Licensable by Contributor, to use, reproduce, modify, + display, perform, sublicense and distribute the Modifications + created by such Contributor (or portions thereof) either on an + unmodified basis, with other Modifications, as Covered Code and/or + as part of a Larger Work; and + b. under Patent Claims infringed by the making, using, or selling of + Modifications made by that Contributor either alone and/or in + combination with its Contributor Version (or portions of such + combination), to make, use, sell, offer for sale, have made, + and/or otherwise dispose of: 1) Modifications made by that + Contributor (or portions thereof); and 2) the combination of + Modifications made by that Contributor with its Contributor + Version (or portions of such combination). + c. the licenses granted in Sections 2.2 ([27]a) and 2.2 ([28]b) are + effective on the date Contributor first makes Commercial Use of + the Covered Code. + d. Notwithstanding Section 2.2 ([29]b) above, no patent license is + granted: 1) for any code that Contributor has deleted from the + Contributor Version; 2) separate from the Contributor Version; 3) + for infringements caused by: i) third party modifications of + Contributor Version or ii) the combination of Modifications made + by that Contributor with other software (except as part of the + Contributor Version) or other devices; or 4) under Patent Claims + infringed by Covered Code in the absence of Modifications made by + that Contributor. + +3. Distribution Obligations. + + 3.1. Application of License. + + The Modifications which You create or to which You contribute are + governed by the terms of this License, including without limitation + Section [30]2.2. The Source Code version of Covered Code may be + distributed only under the terms of this License or a future version + of this License released under Section [31]6.1, and You must include a + copy of this License with every copy of the Source Code You + distribute. You may not offer or impose any terms on any Source Code + version that alters or restricts the applicable version of this + License or the recipients' rights hereunder. However, You may include + an additional document offering the additional rights described in + Section [32]3.5. + + 3.2. Availability of Source Code. + + Any Modification which You create or to which You contribute must be + made available in Source Code form under the terms of this License + either on the same media as an Executable version or via an accepted + Electronic Distribution Mechanism to anyone to whom you made an + Executable version available; and if made available via Electronic + Distribution Mechanism, must remain available for at least twelve (12) + months after the date it initially became available, or at least six + (6) months after a subsequent version of that particular Modification + has been made available to such recipients. You are responsible for + ensuring that the Source Code version remains available even if the + Electronic Distribution Mechanism is maintained by a third party. + + 3.3. Description of Modifications. + + You must cause all Covered Code to which You contribute to contain a + file documenting the changes You made to create that Covered Code and + the date of any change. You must include a prominent statement that + the Modification is derived, directly or indirectly, from Original + Code provided by the Initial Developer and including the name of the + Initial Developer in (a) the Source Code, and (b) in any notice in an + Executable version or related documentation in which You describe the + origin or ownership of the Covered Code. + + 3.4. Intellectual Property Matters + + (a) Third Party Claims + + If Contributor has knowledge that a license under a third party's + intellectual property rights is required to exercise the rights + granted by such Contributor under Sections [33]2.1 or [34]2.2, + Contributor must include a text file with the Source Code distribution + titled "LEGAL" which describes the claim and the party making the + claim in sufficient detail that a recipient will know whom to contact. + If Contributor obtains such knowledge after the Modification is made + available as described in Section [35]3.2, Contributor shall promptly + modify the LEGAL file in all copies Contributor makes available + thereafter and shall take other steps (such as notifying appropriate + mailing lists or newsgroups) reasonably calculated to inform those who + received the Covered Code that new knowledge has been obtained. + + (b) Contributor APIs + + If Contributor's Modifications include an application programming + interface and Contributor has knowledge of patent licenses which are + reasonably necessary to implement that API, Contributor must also + include this information in the legal file. + + (c) Representations. + + Contributor represents that, except as disclosed pursuant to Section + 3.4 ([36]a) above, Contributor believes that Contributor's + Modifications are Contributor's original creation(s) and/or + Contributor has sufficient rights to grant the rights conveyed by this + License. + + 3.5. Required Notices. + + You must duplicate the notice in [37]Exhibit A in each file of the + Source Code. If it is not possible to put such notice in a particular + Source Code file due to its structure, then You must include such + notice in a location (such as a relevant directory) where a user would + be likely to look for such a notice. If You created one or more + Modification(s) You may add your name as a Contributor to the notice + described in [38]Exhibit A. You must also duplicate this License in + any documentation for the Source Code where You describe recipients' + rights or ownership rights relating to Covered Code. You may choose to + offer, and to charge a fee for, warranty, support, indemnity or + liability obligations to one or more recipients of Covered Code. + However, You may do so only on Your own behalf, and not on behalf of + the Initial Developer or any Contributor. You must make it absolutely + clear than any such warranty, support, indemnity or liability + obligation is offered by You alone, and You hereby agree to indemnify + the Initial Developer and every Contributor for any liability incurred + by the Initial Developer or such Contributor as a result of warranty, + support, indemnity or liability terms You offer. + + 3.6. Distribution of Executable Versions. + + You may distribute Covered Code in Executable form only if the + requirements of Sections [39]3.1, [40]3.2, [41]3.3, [42]3.4 and + [43]3.5 have been met for that Covered Code, and if You include a + notice stating that the Source Code version of the Covered Code is + available under the terms of this License, including a description of + how and where You have fulfilled the obligations of Section [44]3.2. + The notice must be conspicuously included in any notice in an + Executable version, related documentation or collateral in which You + describe recipients' rights relating to the Covered Code. You may + distribute the Executable version of Covered Code or ownership rights + under a license of Your choice, which may contain terms different from + this License, provided that You are in compliance with the terms of + this License and that the license for the Executable version does not + attempt to limit or alter the recipient's rights in the Source Code + version from the rights set forth in this License. If You distribute + the Executable version under a different license You must make it + absolutely clear that any terms which differ from this License are + offered by You alone, not by the Initial Developer or any Contributor. + You hereby agree to indemnify the Initial Developer and every + Contributor for any liability incurred by the Initial Developer or + such Contributor as a result of any such terms You offer. + + 3.7. Larger Works. + + You may create a Larger Work by combining Covered Code with other code + not governed by the terms of this License and distribute the Larger + Work as a single product. In such a case, You must make sure the + requirements of this License are fulfilled for the Covered Code. + +4. Inability to Comply Due to Statute or Regulation. + + If it is impossible for You to comply with any of the terms of this + License with respect to some or all of the Covered Code due to + statute, judicial order, or regulation then You must: (a) comply with + the terms of this License to the maximum extent possible; and (b) + describe the limitations and the code they affect. Such description + must be included in the legal file described in Section [45]3.4 and + must be included with all distributions of the Source Code. Except to + the extent prohibited by statute or regulation, such description must + be sufficiently detailed for a recipient of ordinary skill to be able + to understand it. + +5. Application of this License. + + This License applies to code to which the Initial Developer has + attached the notice in [46]Exhibit A and to related Covered Code. + +6. Versions of the License. + + 6.1. New Versions + + The University of Konstanz ("UKO") may publish revised and/or new + versions of the License from time to time. Each version will be given + a distinguishing version number. + + 6.2. Effect of New Versions + + Once Covered Code has been published under a particular version of the + License, You may always continue to use it under the terms of that + version. You may also choose to use such Covered Code under the terms + of any subsequent version of the License published by the University + of Konstanz. No one other than the University of Konstanz has the + right to modify the terms applicable to Covered Code created under + this License. + + 6.3. Derivative Works + + If You create or use a modified version of this License (which you may + only do in order to apply it to code which is not already Covered Code + governed by this License), You must (a) rename Your license so that + the phrases "Pathfinder", "University of Konstanz" or any confusingly + similar phrase do not appear in your license (except to note that your + license differs from this License) and (b) otherwise make it clear + that Your version of the license contains terms which differ from the + Pathfinder Public License. (Filling in the name of the Initial + Developer, Original Code or Contributor in the notice described in + [47]Exhibit A shall not of themselves be deemed to be modifications of + this License.) + +7. Disclaimer of warranty + + Covered code is provided under this license on an "as is" basis, + without warranty of any kind, either expressed or implied, including, + without limitation, warranties that the covered code is free of + defects, merchantable, fit for a particular purpose or non-infringing. + The entire risk as to the quality and performance of the covered code + is with you. Should any covered code prove defective in any respect, + you (not the initial developer or any other contributor) assume the + cost of any necessary servicing, repair or correction. This disclaimer + of warranty constitutes an essential part of this license. No use of + any covered code is authorized hereunder except under this disclaimer. + +8. Termination + + 8.1. This License and the rights granted hereunder will terminate + automatically if You fail to comply with terms herein and fail to cure + such breach within 30 days of becoming aware of the breach. All + sublicenses to the Covered Code which are properly granted shall + survive any termination of this License. Provisions which, by their + nature, must remain in effect beyond the termination of this License + shall survive. + + 8.2. If You initiate litigation by asserting a patent infringement + claim (excluding declatory judgment actions) against Initial Developer + or a Contributor (the Initial Developer or Contributor against whom + You file such action is referred to as "Participant") alleging that: + a. such Participant's Contributor Version directly or indirectly + infringes any patent, then any and all rights granted by such + Participant to You under Sections [48]2.1 and/or [49]2.2 of this + License shall, upon 60 days notice from Participant terminate + prospectively, unless if within 60 days after receipt of notice + You either: (i) agree in writing to pay Participant a mutually + agreeable reasonable royalty for Your past and future use of + Modifications made by such Participant, or (ii) withdraw Your + litigation claim with respect to the Contributor Version against + such Participant. If within 60 days of notice, a reasonable + royalty and payment arrangement are not mutually agreed upon in + writing by the parties or the litigation claim is not withdrawn, + the rights granted by Participant to You under Sections [50]2.1 + and/or [51]2.2 automatically terminate at the expiration of the 60 + day notice period specified above. + b. any software, hardware, or device, other than such Participant's + Contributor Version, directly or indirectly infringes any patent, + then any rights granted to You by such Participant under Sections + 2.1([52]b) and 2.2([53]b) are revoked effective as of the date You + first made, used, sold, distributed, or had made, Modifications + made by that Participant. + + 8.3. If You assert a patent infringement claim against Participant + alleging that such Participant's Contributor Version directly or + indirectly infringes any patent where such claim is resolved (such as + by license or settlement) prior to the initiation of patent + infringement litigation, then the reasonable value of the licenses + granted by such Participant under Sections [54]2.1 or [55]2.2 shall be + taken into account in determining the amount or value of any payment + or license. + + 8.4. In the event of termination under Sections [56]8.1 or [57]8.2 + above, all end user license agreements (excluding distributors and + resellers) which have been validly granted by You or any distributor + hereunder prior to termination shall survive termination. + +9. Limitation of liability + + Under no circumstances and under no legal theory, whether tort + (including negligence), contract, or otherwise, shall you, the initial + developer, any other contributor, or any distributor of covered code, + or any supplier of any of such parties, be liable to any person for + any indirect, special, incidental, or consequential damages of any + character including, without limitation, damages for loss of goodwill, + work stoppage, computer failure or malfunction, or any and all other + commercial damages or losses, even if such party shall have been + informed of the possibility of such damages. This limitation of + liability shall not apply to liability for death or personal injury + resulting from such party's negligence to the extent applicable law + prohibits such limitation. Some jurisdictions do not allow the + exclusion or limitation of incidental or consequential damages, so + this exclusion and limitation may not apply to you. + +10. U.S. government end users + + The Covered Code is a "commercial item," as that term is defined in 48 + C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" + and "commercial computer software documentation," as such terms are + used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. + 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all + U.S. Government End Users acquire Covered Code with only those rights + set forth herein. + +11. Miscellaneous + + This License represents the complete agreement concerning subject + matter hereof. If any provision of this License is held to be + unenforceable, such provision shall be reformed only to the extent + necessary to make it enforceable. This License shall be governed by + the German law and You hereby irrevocably agree that the Courts of + Konstanz, Germany, are to have jurisdiction to settle any disputes + which may arise out of or in connection with this License. The + application of the United Nations Convention on Contracts for the + International Sale of Goods is expressly excluded. Any law or + regulation which provides that the language of a contract shall be + construed against the drafter shall not apply to this License. + +12. Responsibility for claims + + As between Initial Developer and the Contributors, each party is + responsible for claims and damages arising, directly or indirectly, + out of its utilization of rights under this License and You agree to + work with Initial Developer and Contributors to distribute such + responsibility on an equitable basis. Nothing herein is intended or + shall be deemed to constitute any admission of liability. + +13. Multiple-licensed code + + Initial Developer may designate portions of the Covered Code as + "Multiple-Licensed". "Multiple-Licensed" means that the Initial + Developer permits you to utilize portions of the Covered Code under + Your choice of the Pathfinder Public License or the alternative + licenses, if any, specified by the Initial Developer in the file + described in [58]Exhibit A. + +Exhibit A - Pathfinder Public License. + +"The contents of this file are subject to the Pathfinder Public License +Version 1.1 (the "License"); you may not use this file except in +compliance with the License. You may obtain a copy of the License at +http://monetdb.cwi.nl/Legal/PathfinderLicense-1.1.html + +Software distributed under the License is distributed on an "AS IS" +basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the +License for the specific language governing rights and limitations +under the License. + +The Original Code is ______________________________________. + +The Initial Developer of the Original Code is ________________________. +Portions created by ______________________ are Copyright (C) ______ +_______________________. All Rights Reserved. + +Contributor(s): ______________________________________. + +Alternatively, the contents of this file may be used under the terms +of the _____ license (the "[___] License"), in which case the +provisions of [______] License are applicable instead of those +above. If you wish to allow use of your version of this file only +under the terms of the [____] License and not to allow others to use +your version of this file under the Pathfinder Public License, indicate +your decision by deleting the provisions above and replace them with +the notice and other provisions required by the [___] License. If you +do not delete the provisions above, a recipient may use your version +of this file under either the Pathfinder Public License or the [___] License." + + NOTE: The text of this Exhibit A may differ slightly from the text of + the notices in the Source Code files of the Original Code. You should + use the text of this Exhibit A rather than the text found in the + Original Code Source Code for Your Modifications. + + [59]© 1994-2005 CWI + +References + + 20. http://monetdb.cwi.nl/Legal/MonetDBLicense-1.1.html + 21. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#exhibit-a + 22. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#exhibit-a + 23. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-6.1 + 24. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-2.1-a + 25. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-2.1-b + 26. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-2.1-b + 27. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-2.2-a + 28. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-2.2-b + 29. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-2.2-b + 30. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-2.2 + 31. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-6.1 + 32. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-3.5 + 33. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-2.1 + 34. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-2.2 + 35. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-3.2 + 36. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-3.4-a + 37. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#exhibit-a + 38. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#exhibit-a + 39. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-3.1 + 40. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-3.2 + 41. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-3.3 + 42. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-3.4 + 43. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-3.5 + 44. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-3.2 + 45. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-3.4 + 46. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#exhibit-a + 47. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#exhibit-a + 48. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-2.1 + 49. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-2.2 + 50. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-2.1 + 51. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-2.2 + 52. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-2.1-b + 53. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-2.2-b + 54. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-2.1 + 55. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-2.2 + 56. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-8.1 + 57. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#section-8.2 + 58. http://monetdb.cwi.nl/Development/Legal/PathfinderLicense-1.1/index.html#exhibit-a + 59. http://www.cwi.nl/ -- cgit v1.2.3-65-gdbad