362 lines
20 KiB
Text
362 lines
20 KiB
Text
OPEN PUBLIC LICENSE
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Version 1.0
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1. Definitions.
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1.1. "Contributor" means each entity that creates or contributes to the creation
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of Modifications.
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1.2. "Contributor Version" means the combination of the Original Code, prior
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Modifications used by a Contributor, and the Modifications made by that particular
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Contributor.
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1.3. "Covered Code" means the Original Code or Modifications or the combination
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of the Original Code and Modifications, in each case including portions thereof.
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1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted
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in the software development community for the electronic transfer of data.
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1.5. "Executable" means Covered Code in any form other than Source Code.
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1.6. "Initial Developer" means the individual or entity identified as the
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Initial Developer in the Source Code notice required by Exhibit A.
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1.7. "Larger Work" means a work, which combines Covered Code or portions thereof
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with code not governed by the terms of this License.
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1.8. "License" means this document and the corresponding addendum described
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in section 6.4 below.
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1.9. "Modifications" means any addition to or deletion from the substance
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or structure of either the Original Code or any previous Modifications. When
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Covered Code is released as a series of files, a Modification is:
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A. Any addition to or deletion from the contents of a file containing Original
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Code or previous Modifications.
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B. Any new file that contains any part of the Original Code or previous Modifications.
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1.10. "Original Code" means Source Code of computer software code which is
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described in the Source Code notice required by Exhibit A as Original Code,
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and which, at the time of its release under this License is not already Covered
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Code governed by this License.
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1.11. "Source Code" means the preferred form of the Covered Code for making
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modifications to it, including all modules it contains, plus any associated
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interface definition files, scripts used to control compilation and installation
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of an Executable, or a list of source code differential comparisons against
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either the Original Code or another well known, available Covered Code of
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the Contributor's choice. The Source Code can be in a compressed or archival
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form, provided the appropriate decompression or de-archiving software is widely
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available for no charge.
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1.12. "You" means an individual or a legal entity exercising rights under,
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and complying with all of the terms of, this License or a future version of
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this License issued under Section 6.1. For legal entities, "You'' includes
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any entity which controls, is controlled by, or is under common control with
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You. For purposes of this definition, "control'' means (a) the power, direct
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or indirect, to cause the direction or management of such entity, whether
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by contract or otherwise, or (b) ownership of fifty percent (50%) or more
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of the outstanding shares or beneficial ownership of such entity.
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1.13 "License Author" means Lutris Technologies, Inc.
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2. Source Code License.
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2.1. The Initial Developer Grant. The Initial Developer hereby grants You
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a worldwide, royalty-free, non-exclusive license, subject to third party intellectual
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property claims:
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(a) under intellectual property rights (other than patent or trademark) to
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use, reproduce, modify, display, perform, sublicense and distribute the Original
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Code (or portions thereof) with or without Modifications, or as part of a
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Larger Work; and
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(b) under patents now or hereafter owned or controlled by Initial Developer,
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to make, have made, use and sell (``offer to sell and import'') the Original
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Code (or portions thereof), but solely to the extent that any such patent
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is reasonably necessary to enable You to Utilize the Original Code (or portions
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thereof) and not to any greater extent that may be necessary to Utilize further
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Modifications or combinations.
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2.2. Contributor Grant. Each Contributor hereby grants You a worldwide, royalty-free,
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non-exclusive license, subject to third party intellectual property claims:
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(a) under intellectual property rights (other than patent or trademark) to
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use, reproduce, modify, display, perform, sublicense and distribute the Modifications
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created by such Contributor (or portions thereof) either on an unmodified
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basis, with other Modifications, as Covered Code or as part of a Larger Work;
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and
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(b) under patents now or hereafter owned or controlled by Contributor, to
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to make, have made, use and sell (``offer to sell and import'') the Contributor
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Version (or portions thereof), but solely to the extent that any such patent
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is reasonably necessary to enable You to Utilize the Contributor Version (or
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portions thereof), and not to any greater extent that may be necessary to
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Utilize further Modifications or combinations
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3. Distribution Obligations.
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3.1. Application of License. The Modifications which You create or to which
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You contribute are governed by the terms of this License, including without
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limitation Section 2.2. The Source Code version of Covered Code may be distributed
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only under the terms of this License or a future version of this License released
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under Section 6.1, and You must include a copy of this License with every
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copy of the Source Code You distribute. You may not offer or impose any terms
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on any Source Code version that alters or restricts the applicable version
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of this License or the recipients' rights hereunder. However, You may include
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an additional document offering the additional rights described in Section
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3.5.
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3.2. Availability of Source Code. Any Modification which You create or to
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which You contribute must be made available, prior to any use, except for
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internal development and practice, in Source Code form under the terms of
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this License either on the same media as an Executable version or via an accepted
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Electronic Distribution Mechanism to anyone to whom you made an Executable
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version available; and if made available via Electronic Distribution Mechanism,
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must remain available for at least twelve (12) months after the date it initially
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became available, or at least six (6) months after a subsequent version of
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that particular Modification has been made available to such recipients. You
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shall notify the Initial Developer of the Modification and the location of
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the Source Code via the contact means provided for in the Developer Specific
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license. Initial Developer will be acting as maintainer of the Source Code
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and may provide an Electronic Distribution mechanism for the Modification
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to be made available.
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3.3. Description of Modifications. You must cause all Covered Code to which
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you contribute to contain a file documenting the changes You made to create
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that Covered Code and the date of any change. You must include a prominent
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statement that the Modification is derived, directly or indirectly, from Original
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Code provided by the Initial Developer and including the name of the Initial
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Developer in (a) the Source Code, and (b) in any notice in an Executable version
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or related documentation in which You describe the origin or ownership of
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the Covered Code.
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3.4. Intellectual Property Matters
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(a) Third Party Claims. If You have knowledge that a party claims an intellectual
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property right in particular functionality or code (or its utilization under
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this License), you must include a text file with the source code distribution
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titled "LEGAL" which describes the claim and the party making the claim in
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sufficient detail that a recipient will know whom to contact. If you obtain
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such knowledge after You make Your Modification available as described in
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Section 3.2, You shall promptly modify the LEGAL file in all copies You make
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available thereafter and shall take other steps (such as notifying appropriate
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mailing lists or newsgroups) reasonably calculated to inform those who received
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the Covered Code that new knowledge has been obtained.
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(b) Representations. Contributor represents that, except as disclosed pursuant
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to Section 3.4(a) above, Contributor believes that Contributor's Modifications
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are Contributor's original creation(s) and/or Contributor has sufficient rights
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to grant the rights conveyed by this License.
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3.5. Required Notices. You must duplicate the notice in Exhibit A in each
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file of the Source Code, and this License in any documentation for the Source
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Code, where You describe recipients' rights relating to Covered Code. If You
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created one or more Modification(s), You may add your name as a Contributor
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to the notice described in Exhibit A. If it is not possible to put such notice
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in a particular Source Code file due to its structure, then you must include
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such notice in a location (such as a relevant directory file) where a user
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would be likely to look for such a notice. You may choose to offer, and to
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charge a fee for, warranty, support, indemnity or liability obligations to
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one or more recipients of Covered Code. However, You may do so only on Your
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own behalf, and not on behalf of the Initial Developer or any Contributor.
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You must make it absolutely clear that any such warranty, support, indemnity
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or liability obligation is offered by You alone, and You hereby agree to indemnify
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the Initial Developer and every Contributor for any liability incurred by
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the Initial Developer or such Contributor as a result of warranty, support,
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indemnity or liability terms You offer.
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3.6. Distribution of Executable Versions. You may distribute Covered Code
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in Executable form only if the requirements of Section 3.1-3.5 have been met
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for that Covered Code, and if You include a notice stating that the Source
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Code version of the Covered Code is available under the terms of this License,
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including a description of how and where You have fulfilled the obligations
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of Section 3.2. The notice must be conspicuously included in any notice in
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an Executable version, related documentation or collateral in which You describe
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recipients' rights relating to the Covered Code. You may distribute the Executable
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version of Covered Code under a license of Your choice, which may contain
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terms different from this License, provided that You are in compliance with
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the terms of this License and that the license for the Executable version
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does not attempt to limit or alter the recipient's rights in the Source Code
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version from the rights set forth in this License. If You distribute the Executable
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version under a different license You must make it absolutely clear that any
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terms which differ from this License are offered by You alone, not by the
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Initial Developer or any Contributor. You hereby agree to indemnify the Initial
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Developer and every Contributor for any liability incurred by the Initial
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Developer or such Contributor as a result of any such terms You offer. If
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you distribute executable versions containing Covered Code, you must reproduce
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the notice in Exhibit B in the documentation and/or other materials provided
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with the product.
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3.7. Larger Works. You may create a Larger Work by combining Covered Code
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with other code not governed by the terms of this License and distribute the
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Larger Work as a single product. In such a case, You must make sure the requirements
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of this License are fulfilled for the Covered Code.
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4. Inability to Comply Due to Statute or Regulation.
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If it is impossible for You to comply with any of the terms of this License
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with respect to some or all of the Covered Code due to statute or regulation
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then You must: (a) comply with the terms of this License to the maximum extent
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possible; and (b) Cite all of the statutes or regulations that prohibit you
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from complying fully with this license. (c) describe the limitations and the
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code they affect. Such description must be included in the LEGAL file described
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in Section 3.4 and must be included with all distributions of the Source Code.
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Except to the extent prohibited by statute or regulation, such description
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must be sufficiently detailed for a recipient of ordinary skill to be able
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to understand it.
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5. Application of this License.
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This License applies to code to which the Initial Developer has attached the
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notice in Exhibit A, and to related Covered Code.
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6. Versions of the License.
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6.1. New Versions. License Author may publish revised and/or new versions
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of the License from time to time. Each version will be given a distinguishing
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version number and shall be submitted to opensource.org for certification.
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6.2. Effect of New Versions. Once Covered Code has been published under a
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particular version of the License, You may always continue to use it under
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the terms of that version. You may also choose to use such Covered Code under
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the terms of any subsequent version of the License published by Initial Developer.
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No one other than Initial Developer has the right to modify the terms applicable
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to Covered Code created under this License.
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6.3. Derivative Works. If you create or use a modified version of this License,
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except in association with the required Developer Specific License described
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in section 6.4, (which you may only do in order to apply it to code which
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is not already Covered Code governed by this License), you must (a) rename
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Your license so that the phrases ``Open'', ``OpenPL'', ``OPL'' or any confusingly
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similar phrase do not appear anywhere in your license and (b) otherwise make
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it clear that your version of the license contains terms which differ from
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the Open Public License. (Filling in the name of the Initial Developer, Original
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Code or Contributor in the notice described in Exhibit A shall not of themselves
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be deemed to be modifications of this License.)
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6.4. Required Additional Developer Specific License
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This license is a union of the following two parts that should be found as
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text files in the same place (directory), in the order of preeminence:
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[1] A Developer specific license.
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[2] The contents of this file OPL_1_0.TXT, stating the general licensing policy
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of the software.
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In case of conflicting dispositions in the parts of this license, the terms
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of the lower-numbered part will always be superseded by the terms of the higher
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numbered part.
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7. DISCLAIMER OF WARRANTY.
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COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY
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OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
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THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
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PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
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OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN
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ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME
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THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
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OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
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CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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8. TERMINATION.
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8.1 Termination upon Breach
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This License and the rights granted hereunder will terminate automatically
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if You fail to comply with terms herein and fail to cure such breach within
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30 days of becoming aware of the breach. All sublicenses to the Covered Code,
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which are properly granted, shall survive any termination of this License.
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Provisions that, by their nature, must remain in effect beyond the termination
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of this License shall survive.
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8.2. Termination Upon Litigation. If You initiate litigation by asserting
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a patent infringement claim (excluding declatory judgment actions) against
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Initial Developer or a Contributor (the Initial Developer or Contributor against
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whom You file such action is referred to as "Participant") alleging that:
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(a) such Participant's Contributor Version directly or indirectly infringes
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any patent, then any and all rights granted by such Participant to You under
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Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant
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terminate prospectively, unless if within 60 days after receipt of notice
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You either: (i) agree in writing to pay Participant a mutually agreeable reasonable
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royalty for Your past and future use of Modifications made by such Participant,
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or (ii) withdraw Your litigation claim with respect to the Contributor Version
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against such Participant. If within 60 days of notice, a reasonable royalty
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and payment arrangement are not mutually agreed upon in writing by the parties
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or the litigation claim is not withdrawn, the rights granted by Participant
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to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration
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of the 60 day notice period specified above.
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(b) any software, hardware, or device, other than such Participant's Contributor
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Version, directly or indirectly infringes any patent, then any rights granted
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to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective
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as of the date You first made, used, sold, distributed, or had made, Modifications
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made by that Participant.
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8.3. If You assert a patent infringement claim against Participant alleging
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that such Participant's Contributor Version directly or indirectly infringes
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any patent where such claim is resolved (such as by license or settlement)
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prior to the initiation of patent infringement litigation, then the reasonable
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value of the licenses granted by such Participant under Sections 2.1 or 2.2
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shall be taken into account in determining the amount or value of any payment
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or license.
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8.4. In the event of termination under Sections 8.1 or 8.2 above, all end
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user license agreements (excluding distributors and resellers) which have
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been validly granted by You or any distributor hereunder prior to termination
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shall survive termination.
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9. LIMITATION OF LIABILITY.
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
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NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER
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CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF
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SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
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INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
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DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
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OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL
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HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
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LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
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FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
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OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO
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YOU.
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10. U.S. GOVERNMENT END USERS.
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The Covered Code is a ``commercial item,'' as that term is defined in 48 C.F.R.
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2.101 (Oct. 1995), consisting of ``commercial computer software'' and ``commercial
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computer software documentation,'' as such terms are used in 48 C.F.R. 12.212
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(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
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227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code
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with only those rights set forth herein.
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11. MISCELLANEOUS.
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his section was intentionally left blank. The contents of this section are
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found in the corresponding addendum described above.
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12. RESPONSIBILITY FOR CLAIMS.
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Except in cases where another Contributor has failed to comply with Section
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3.4, You are responsible for damages arising, directly or indirectly, out
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of Your utilization of rights under this License, based on the number of copies
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of Covered Code you made available, the revenues you received from utilizing
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such rights, and other relevant factors. You agree to work with affected parties
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to distribute with Initial Developer responsibility on an equitable basis.
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EXHIBIT A.
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Text for this Exhibit A is found in the corresponding addendum, described
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in section 6.4 above, text file provided by the Initial Developer. This license
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is not valid or complete with out that file.
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EXHIBIT B.
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Text for this Exhibit B is found in the corresponding addendum, described
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in section 6.4 above, text file provided by the Initial Developer. This license
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is not valid or complete with out that file.
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