|
Version 1.0
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
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
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
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(a) and (b) are effective
on the date Initial Developer first distributes Original Code under the
terms of this License.
(d) Notwithstanding Section 2.1(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(a) and 2.2(b) are effective
on the date Contributor first makes Commercial Use of the Covered Code.
(d) Notwithstanding Section 2.2(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 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 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 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 2.1 or 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 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(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 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 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 Section 3.1-3.5 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 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 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 Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
Borland Software Corporation (''Interbase'') 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 Interbase. No one other than Interbase 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 ''Mozilla'',
''MOZILLAPL'', ''MOZPL'', ''Netscape'', "MPL", ''NPL", "Interbase", "ISC", "IB''
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 Mozilla Public
License and Netscape Public License. (Filling in the name of the Initial Developer,
Original Code or Contributor in the notice described in Exhibit A shall not of
themselves be deemed to be modifications of this License.)
6.4 Origin of the Interbase Public License.
The Interbase public license is based on the Mozilla Public License V 1.1
with the following changes:
- The license is published by Borland Software Corporation. Only
Borland Software Corporation can modify the terms applicable to
Covered Code.
- The license can be modified used for code which is not already
governed by this license. Modified versions of the license must be
renamed to avoid confusion with Netscape?s or Interbase Software?s
license and must include a description of changes from the Interbase
Public License.
- The name of the license in Exhibit A is the "Interbase Public License".
- The reference to an alternative license in Exhibit A has been removed.
- Amendments I, II, III, V, and VI have been deleted.
- Exhibit A, Netscape Public License has been deleted
- A new amendment (II) has been added, describing the required and
restricted rights to use the trademarks of Borland Software Corporation
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 2.1 and/or 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 2.1 and/or 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(b) and 2.2(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 2.1 or 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 8.1 or 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 California law provisions
(except to the extent applicable law, if any, provides otherwise), excluding
its conflict-of-law provisions. With respect to disputes in which at least
one party is a citizen of, or an entity chartered or registered to do business
in the United States of America, any litigation relating to this License shall
be subject to the jurisdiction of the Federal Courts of the Northern District
of California, with venue lying in Santa Clara County, California, with the
losing party responsible for costs, including without limitation, court costs
and reasonable attorneys' fees and expenses. 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 NPL or the alternative licenses, if any, specified
by the Initial Developer in the file described in Exhibit A.
EXHIBIT A - InterBase Public License.
``The contents of this file are subject to the Interbase
Public License Version 1.0 (the "License"); you may not use this
file except in compliance with the License. You may obtain a copy
of the License at http://www.Interbase.com/IPL.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 was created by InterBase Software Corp and
its successors.
Portions created by Borland/Inprise are Copyright (C) Borland/Inprise.
All Rights Reserved.
Contributor(s): ______________________________________.
AMENDMENTS
I. InterBase and logo. This License does not grant any
rights to use the trademarks "Interbase'', "Java" or "JavaScript" even
if such marks are included in the Original Code or Modifications.
II. Trademark Usage.
II.1. Advertising Materials. All advertising materials mentioning
features or use of the covered Code must display the following
acknowledgement: "This product includes software developed by Borland Software Corp. "
II.2. Endorsements. The names "InterBase," "ISC," and "IB" must not
be used to endorse or promote Contributor Versions or Larger Works
without the prior written permission of Interbase.
II.3. Product Names. Contributor Versions and Larger Works may
not be called "InterBase" or "Interbase" nor may the word "InterBase"
appear in their names without the prior written permission of Interbase.
|
Documentation
INTERBASE PUBLIC LICENSE
