| OPEN PUBLIC LICENSE | |
| Version 1.0 | |
| 1. Definitions. | |
| 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 and the corresponding addendum | |
| describe in section 6.4 below. | |
| 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. | |
| 1.11. "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 a list of 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" 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 fifty percent (50%) or more of the | |
| outstanding shares or beneficial ownership of such entity. | |
| 1.13 "License Author" means Lutris Technologies, Inc. | |
| 2. Source Code License. | |
| 2.1. The Initial Developer Grant. The Initial Developer hereby grants | |
| You a worldwide, royalty-free, non-exclusive license, subject to | |
| third party intellectual property claims: | |
| (a) under intellectual property rights (other than patent or | |
| trademark) to use, reproduce, modify, display, perform, sublicense | |
| and distribute the Original Code (or portions thereof) with or | |
| without Modifications, or as part of a Larger Work; and | |
| (b) under patents now or hereafter owned or controlled by Initial | |
| Developer, to make, have made, use and sell ("offer to sell and | |
| import") the Original Code (or portions thereof), but solely to | |
| the extent that any such patent is reasonably necessary to enable | |
| You to Utilize the Original Code (or portions thereof) and not to | |
| any greater extent that may be necessary to Utilize further | |
| Modifications or combinations. | |
| 2.2. Contributor Grant. Each Contributor hereby grants You a | |
| worldwide, royalty-free, non-exclusive license, subject to third party | |
| intellectual property claims: | |
| (a) under intellectual property rights (other than patent or | |
| trademark) 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 or as part of a Larger Work; and | |
| (b) under patents now or hereafter owned or controlled by | |
| Contributor, to to make, have made, use and sell ("offer to sell | |
| and import") the Contributor Version (or portions thereof), but | |
| solely to the extent that any such patent is reasonably necessary | |
| to enable You to Utilize the Contributor Version (or portions | |
| thereof), and not to any greater extent that may be necessary to | |
| Utilize further Modifications or combinations. | |
| 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, prior to any use, except for internal | |
| development and practice, 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 shall notify the Initial | |
| Developer of the Modification and the location of the Source Code | |
| via the contact means provided for in the Developer Specific | |
| license. Initial Developer will be acting as maintainer of the | |
| Source Code and may provide an Electronic Distribution mechanism | |
| for the Modification to be made available. | |
| 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 You have knowledge that a party claims an intellectual property | |
| right in particular functionality or code (or its utilization | |
| under this License), you 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 you obtain such knowledge after You make | |
| Your Modification available as described in Section 3.2, You shall | |
| promptly modify the LEGAL file in all copies You make 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) 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, and this License in any documentation for the Source Code, where | |
| You describe recipients' rights relating to Covered Code. If You | |
| created one or more Modification(s), You may add your name as a | |
| Contributor to the notice described in Exhibit A. 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 file) where a user would be likely to look for | |
| such a notice. 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 that 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 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. If you | |
| distribute executable versions containing Covered Code, you must | |
| reproduce the notice in Exhibit B in the documentation and/or other | |
| materials provided with the product. | |
| 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 or regulation then You must: (a) comply with the terms of | |
| this License to the maximum extent possible; and (b) Cite all of | |
| the statutes or regulations that prohibit you from complying fully | |
| with this license. (c) 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. | |
| License Author may publish revised and/or new versions of the | |
| License from time to time. Each version will be given a | |
| distinguishing version number and shall be submitted to | |
| opensource.org for certification. | |
| 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 | |
| Initial Developer. No one other than Initial Developer 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, except in | |
| association with the required Devloper Specific License described | |
| in section 6.4, (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 "Open", | |
| "OpenPL", "OPL" or any confusingly similar phrase do not appear | |
| anywhere in your license and (b) otherwise make it clear that your | |
| version of the license contains terms which differ from the Open | |
| 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. Required Additional Developer Specific License | |
| This license is a union of the following two parts that should be | |
| found as text files in the same place (directory), in the order of | |
| preeminence: [1] A Developer specific license. [2] The contents of | |
| this file OPL.html, stating the general licensing policy of the | |
| software. In case of conflicting dispositions in the parts of this | |
| license, the terms of the lower- numbered part will always be | |
| superseded by the terms of the higher numbered part. | |
| 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 Termination upon Breach | |
| 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 that, by | |
| their nature, must remain in effect beyond the termination of this | |
| License shall survive. | |
| 8.2. Termination Upon Litigation. | |
| 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 THE INITIAL | |
| DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED | |
| CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR | |
| ANY OTHER 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 THAT | |
| 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 section was intentionally left blank. The contents of this | |
| section are found in the corresponding addendum described above. | |
| 12. RESPONSIBILITY FOR CLAIMS. | |
| Except in cases where another Contributor has failed to comply with | |
| Section 3.4, You are responsible for damages arising, directly or | |
| indirectly, out of Your utilization of rights under this License, | |
| based on the number of copies of Covered Code you made available, | |
| the revenues you received from utilizing such rights, and other | |
| relevant factors. You agree to work with affected parties to | |
| distribute with Initial Developer responsibility on an equitable | |
| basis. | |
| Exhibit A. | |
| Text for this Exhibit A is found in the corresponding addendum, | |
| described in section 6.4 above, text file provided by the Initial | |
| Developer. This license is not valid or complete with out that | |
| file. | |
| Exhibit B. | |
| Text for this Exhibit B is found in the corresponding addendum, | |
| described in section 6.4 above, text file provided by the Initial | |
| Developer. This license is not valid or complete with out that |