The Bit Relations Public License Version ("KPL") consists of the Mozilla Public License Version 1.1, modified to be specific to Bit Relations Software, with the Additional Terms in Exhibit A and Exhibit B. The original Mozilla Public License 1.1 can be found at: http://www.mozilla.org/MPL/MPL-1.1.html
BIT RELATIONS
PUBLIC LICENSE
Version 1.0
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.
2.1. 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.
3.1.
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.
6.1. New
Versions.
Bit Relations Software LLC. ('Bit Relations') 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 Bit Relations. No one other than
Bit Relations 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 ''Bit Relations'', ''BPL'' 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 Bitrel 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.)
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.
8.1. 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 declaratory 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.
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.
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.
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 KPL or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.
The contents of this file are
subject to the Bit Relations Public License Version 1.0
("License");
You may not use this file except in compliance with the
License.
You may obtain a copy of the License at
http://www.bitrel.com/license
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: Bit Relations Open
Source
The Initial Developer of the Original Code is Bit Relations
Software LLC.
Portions created by Bit Relaions are Copyright (C)
2004-2012 Bit Relations Software LLC.;
All Rights
Reserved.
Contributor(s):
______________________________________.
[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.]
Additional Terms applicable to the Bit Relations Public License.
I. Effect.
These
additional terms described in this Bit Relations Public License .
Additional Terms shall apply to the Covered Code under this
License.
II. Bit Relations Software and logo.
This
License does not grant any rights to use the trademarks "Bit Relations Software"
and the "Bit Relations" logos even if such marks are included
in the Original Code or Modifications.
However, in addition to the other notice obligations, all copies of the Covered Code in Executable and Source Code form distributed must, as a form of attribution of the original author, include on each user interface screen (i) the "Powered by Bit Relations" logo and (ii) the copyright notice in the same form as the latest version of the Covered Code distributed by Bit Relations Software LLC. at the time of distribution of such copy. In addition, the "Powered by Bit Relations" logo must be visible to all users and be located at the very bottom center of each user interface screen. Notwithstanding the above, the dimensions of the "Powered By Bit Relations" logo must be at least 106 x 23 pixels. When users click on the "Powered by Bit Relations" logo it must direct them back to http://www.bitrel.com. In addition, the copyright notice must remain visible to all users at all times at the bottom of the user interface screen. When users click on the copyright notice, it must direct them back to http://www.bitrel.com