| Terracotta Public License Version 1.0 |
| ===================================== |
| |
| 1. Definitions |
| |
| 1.1. "Contributor" means each individual or 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. |
| |
| c. Any new file that is contributed or otherwise made available |
| under the terms of this License. |
| |
| 1.10. "Original Code" means Source Code and Executable form 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 or |
| otherwise makes available 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 AND INITIAL DEVELOPER 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 distributes or |
| otherwise makes available 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. |
| |
| ANY COVERED CODE THAT YOU DISTRIBUTE OR OTHERWISE MAKE AVAILABLE IS |
| 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 OR OTHERWISE |
| MAKE AVAILABLE. 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 OR OTHERWISE MAKE AVAILABLE COVERED CODE IN |
| EXECUTABLE FORM ONLY IF THE REQUIREMENTS OF SECTIONS 3.1, 3.2, 3.3, 3.4 |
| AND 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 OR |
| OTHERWISE MAKE AVAILABLE 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 OR OTHERWISE MAKE AVAILABLE 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 OR OTHERWISE |
| MAKE AVAILABLE 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 |
| |
| TERRACOTTA, INC. ("TERRACOTTA") 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 TERRACOTTA. NO |
| ONE OTHER THAN TERRACOTTA HAS THE RIGHT TO MODIFY THE TERMS APPLICABLE |
| TO COVERED CODE CREATED UNDER THIS LICENSE. |
| |
| 6.3. Derivative Works of License; Antecedent Licenses |
| |
| 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 "TERRACOTTA", "TPL", 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 TERRACOTTA 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.) |
| |
| THIS TERRACOTTA PUBLIC LICENSE (TPL) IS SIMILAR TO, AND CONTAINS |
| SAMPLES FROM, THE MOZILLA PUBLIC LICENSE (MPL) AND THE COMMON |
| DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL). HOWEVER, THIS TPL |
| CONTAINS TERMS WHICH DIFFER FROM THOSE CONTAINED IN THE MPL AND THE |
| CDDL. |
| |
| |
| 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 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. |
| |
| |
| 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 LOST PROFITS, 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. YOU |
| AGREE THAT YOU ALONE ARE RESPONSIBLE FOR COMPLIANCE WITH THE UNITED |
| STATES EXPORT ADMINISTRATION REGULATIONS (AND THE EXPORT CONTROL LAWS |
| AND REGULATIONS OF ANY OTHER COUNTRIES) WHEN YOU USE, DISTRIBUTE, OR |
| OTHERWISE MAKE AVAILABLE ANY COVERED CODE. |
| |
| |
| 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 TPL OR THE ALTERNATIVE LICENSES, IF ANY, SPECIFIED |
| BY THE INITIAL DEVELOPER IN THE FILE DESCRIBED IN EXHIBIT A. |
| |
| |
| 14. CERTAIN ATTRIBUTION REQUIREMENTS |
| |
| THIS LICENSE DOES NOT GRANT ANY LICENSE OR RIGHTS TO USE THE TRADEMARKS |
| "TERRACOTTA," ANY "TERRACOTTA" LOGOS, OR ANY OTHER TRADEMARKS OF |
| TERRACOTTA, INC. |
| |
| HOWEVER, IN ADDITION TO THE OTHER NOTICE OBLIGATIONS, ALL COPIES OF THE |
| COVERED CODE IN EXECUTABLE AND SOURCE CODE FORM DISTRIBUTED OR |
| OTHERWISE MADE AVAILABLE MUST, AS A FORM OF ATTRIBUTION OF THE INITIAL |
| DEVELOPER, INCLUDE ON EACH USER INTERFACE SCREEN (I) THE COPYRIGHT |
| NOTICE IN THE SAME FORM AS THE LATEST VERSION OF THE COVERED CODE |
| DISTRIBUTED OR OTHERWISE MADE AVAILABLE BY TERRACOTTA, INC. AT THE TIME |
| OF DISTRIBUTION OR MAKING AVAILABLE OF SUCH COPY AND (II) THE FOLLOWING |
| TEXT, WHICH MUST BE LARGE ENOUGH SO THAT IT CAN BE READ EASILY: |
| "POWERED BY TERRACOTTA." THE COPYRIGHT NOTICE AND TEXT MUST BE VISIBLE |
| TO ALL USERS AND BE LOCATED AT THE VERY BOTTOM AND IN THE CENTER OF EACH |
| USER INTERFACE SCREEN. THE WORD "TERRACOTTA" MUST BE A HYPERLINK, SO |
| THAT WHEN ANY USER ACTIVATES THE LINK (E.G., BY CLICKING ON IT WITH A |
| MOUSE), THE USER WILL BE DIRECTED TO HTTP://WWW.TERRACOTTA.ORG. |
| |
| |
| Exhibit A - Terracotta Public License. |
| |
| "The contents of ehcache-terracotta are subject to the Terracotta 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.terracotta.org/TPL |
| |
| |
| |
| Software distributed under the License is distributed on an "AS IS" |
| |
| basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the |
| |
| License for the specific language governing rights and limitations |
| |
| under the License. |
| |
| |
| |
| The Original Code is ______________________________________. |
| |
| |
| |
| The Initial Developer of the Original Code is Terracotta, Inc. |
| |
| Portions created by ______________________ are Copyright (C) ______ |
| |
| _______________________. 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. |