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diff --git a/options/license/BitTorrent-1.0 b/options/license/BitTorrent-1.0 index ced0c46877..5dc017c475 100644 --- a/options/license/BitTorrent-1.0 +++ b/options/license/BitTorrent-1.0 @@ -3,406 +3,521 @@ BitTorrent Open Source License Version 1.0 This BitTorrent Open Source License (the "License") applies to the BitTorrent -client and related software products as well as any updates or maintenance -releases of that software ("BitTorrent Products") that are distributed by -BitTorrent, Inc. ("Licensor"). Any BitTorrent Product licensed pursuant to -this License is a Licensed Product. Licensed Product, in its entirety, is -protected by U.S. copyright law. This License identifies the terms under which +client and related software products as +well as any updates or maintenance releases of that software ("BitTorrent +Products") that are distributed by +BitTorrent, Inc. ("Licensor"). Any BitTorrent Product licensed pursuant to +this License is a Licensed Product. +Licensed Product, in its entirety, is protected by U.S. copyright law. This +License identifies the terms under which you may use, copy, distribute or modify Licensed Product. Preamble This Preamble is intended to describe, in plain English, the nature and scope -of this License. However, this Preamble is not a part of this license. The -legal effect of this License is dependent only upon the terms of the License -and not this Preamble. +of this License. However, this +Preamble is not a part of this license. The legal effect of this License +is dependent only upon the terms of the +License and not this Preamble. This License complies with the Open Source Definition and is derived from -the Jabber Open Source License 1.0 (the "JOSL"), which has been approved by -Open Source Initiative. Sections 4(c) and 4(f)(iii) from the JOSL have been +the Jabber Open Source License 1.0 (the +"JOSL"), which has been approved by Open Source Initiative. Sections 4(c) +and 4(f)(iii) from the JOSL have been dropped. This License provides that: -1. You may use, sell or give away the Licensed Product, alone or as a component -of an aggregate software distribution containing programs from several different -sources. No royalty or other fee is required. - -2. Both Source Code and executable versions of the Licensed Product, including -Modifications made by previous Contributors, are available for your use. (The -terms "Licensed Product," "Modifications," "Contributors" and "Source Code" -are defined in the License.) - -3. You are allowed to make Modifications to the Licensed Product, and you -can create Derivative Works from it. (The term "Derivative Works" is defined -in the License.) - -4. By accepting the Licensed Product under the provisions of this License, -you agree that any Modifications you make to the Licensed Product and then -distribute are governed by the provisions of this License. In particular, -you must make the Source Code of your Modifications available to others. - -5. You may use the Licensed Product for any purpose, but the Licensor is not -providing you any warranty whatsoever, nor is the Licensor accepting any liability -in the event that the Licensed Product doesn't work properly or causes you -any injury or damages. - -6. If you sublicense the Licensed Product or Derivative Works, you may charge -fees for warranty or support, or for accepting indemnity or liability obligations -to your customers. You cannot charge for the Source Code. - -7. If you assert any patent claims against the Licensor relating to the Licensed -Product, or if you breach any terms of the License, your rights to the Licensed -Product under this License automatically terminate. +1. You may use, sell or give away the Licensed Product, alone or as a +component of an aggregate software +distribution containing programs from several different sources. No royalty +or other fee is required. + +2. Both Source Code and executable versions of the Licensed Product, +including Modifications made by previous +Contributors, are available for your use. (The terms "Licensed Product," +"Modifications," "Contributors" and "Source +Code" are defined in the License.) + +3. You are allowed to make Modifications to the Licensed Product, and +you can create Derivative Works from it. +(The term "Derivative Works" is defined in the License.) + +4. By accepting the Licensed Product under the provisions of this License, +you agree that any Modifications you +make to the Licensed Product and then distribute are governed by the provisions +of this License. In particular, you +must make the Source Code of your Modifications available to others. + +5. You may use the Licensed Product for any purpose, but the Licensor +is not providing you any warranty +whatsoever, nor is the Licensor accepting any liability in the event that +the Licensed Product doesn't work properly +or causes you any injury or damages. + +6. If you sublicense the Licensed Product or Derivative Works, you may +charge fees for warranty or support, or +for accepting indemnity or liability obligations to your customers. You cannot +charge for the Source Code. + +7. If you assert any patent claims against the Licensor relating to the +Licensed Product, or if you breach any +terms of the License, your rights to the Licensed Product under this License +automatically terminate. You may use this License to distribute your own Derivative Works, in which -case the provisions of this License will apply to your Derivative Works just -as they do to the original Licensed Product. +case the provisions of this License will +apply to your Derivative Works just as they do to the original Licensed Product. Alternatively, you may distribute your Derivative Works under any other OSI-approved -Open Source license, or under a proprietary license of your choice. If you -use any license other than this License, however, you must continue to fulfill -the requirements of this License (including the provisions relating to publishing -the Source Code) for those portions of your Derivative Works that consist -of the Licensed Product, including the files containing Modifications. - -New versions of this License may be published from time to time. You may choose -to continue to use the license terms in this version of the License or those -from the new version. However, only the Licensor has the right to change the -License terms as they apply to the Licensed Product. +Open Source license, or under a +proprietary license of your choice. If you use any license other than this +License, however, you must continue to +fulfill the requirements of this License (including the provisions relating +to publishing the Source Code) for those +portions of your Derivative Works that consist of the Licensed Product, including +the files containing Modifications. + +New versions of this License may be published from time to time. You may +choose to continue to use the license +terms in this version of the License or those from the new version. However, +only the Licensor has the right to +change the License terms as they apply to the Licensed Product. + +This License relies on precise definitions for certain terms. Those terms +are defined when they are first used, and +the definitions are repeated for your convenience in a Glossary at the end +of the License. -This License relies on precise definitions for certain terms. Those terms -are defined when they are first used, and the definitions are repeated for -your convenience in a Glossary at the end of the License. License Terms -1. Grant of License From Licensor. Licensor hereby grants you a world-wide, -royalty-free, non-exclusive license, subject to third party intellectual property -claims, to do the following: +1. Grant of License From Licensor. Licensor hereby grants you a world-wide, +royalty-free, non-exclusive +license, subject to third party intellectual property claims, to do the following: + +a. Use, reproduce, modify, display, perform, sublicense and distribute +any Modifications created by such +Contributor or portions thereof, in both Source Code or as an executable program, +either on an unmodified basis or as +part of Derivative Works. -a. Use, reproduce, modify, display, perform, sublicense and distribute any -Modifications created by such Contributor or portions thereof, in both Source -Code or as an executable program, either on an unmodified basis or as part -of Derivative Works. +b. Under claims of patents now or hereafter owned or controlled by Contributor, +to make, use, sell, offer for +sale, have made, and/or otherwise dispose of Modifications or portions thereof, +but solely to the extent that any +such claim is necessary to enable you to make, use, sell, offer for sale, +have made, and/or otherwise dispose of +Modifications or portions thereof or Derivative Works thereof. -b. Under claims of patents now or hereafter owned or controlled by Contributor, -to make, use, sell, offer for sale, have made, and/or otherwise dispose of -Modifications or portions thereof, but solely to the extent that any such -claim is necessary to enable you to make, use, sell, offer for sale, have -made, and/or otherwise dispose of Modifications or portions thereof or Derivative -Works thereof. 2. Grant of License to Modifications From Contributor. "Modifications" means -any additions to or deletions from the substance or structure of (i) a file -containing Licensed Product, or (ii) any new file that contains any part of +any additions to or deletions from the +substance or structure of (i) a file containing Licensed Product, or (ii) +any new file that contains any part of Licensed Product. Hereinafter in this License, the term "Licensed Product" -shall include all previous Modifications that you receive from any Contributor. -By application of the provisions in Section 4(a) below, each person or entity +shall include all previous Modifications +that you receive from any Contributor. By application of the provisions in +Section 4(a) below, each person or entity who created or contributed to the creation of, and distributed, a Modification -(a "Contributor") hereby grants you a world-wide, royalty-free, non-exclusive -license, subject to third party intellectual property claims, to do the following: - -a. Use, reproduce, modify, display, perform, sublicense and distribute any -Modifications created by such Contributor or portions thereof, in both Source -Code or as an executable program, either on an unmodified basis or as part -of Derivative Works. - -b. Under claims of patents now or hereafter owned or controlled by Contributor, -to make, use, sell, offer for sale, have made, and/or otherwise dispose of -Modifications or portions thereof, but solely to the extent that any such -claim is necessary to enable you to make, use, sell, offer for sale, have -made, and/or otherwise dispose of Modifications or portions thereof or Derivative -Works thereof. - -3. Exclusions From License Grant. Nothing in this License shall be deemed -to grant any rights to trademarks, copyrights, patents, trade secrets or any -other intellectual property of Licensor or any Contributor except as expressly -stated herein. No patent license is granted separate from the Licensed Product, -for code that you delete from the Licensed Product, or for combinations of -the Licensed Product with other software or hardware. No right is granted -to the trademarks of Licensor or any Contributor even if such marks are included -in the Licensed Product. Nothing in this License shall be interpreted to prohibit -Licensor from licensing under different terms from this License any code that -Licensor otherwise would have a right to license. - - 4. Your Obligations Regarding Distribution. - -a. Application of This License to Your Modifications. As an express condition -for your use of the Licensed Product, you hereby agree that any Modifications -that you create or to which you contribute, and which you distribute, are -governed by the terms of this License including, without limitation, Section -2. Any Modifications that you create or to which you contribute may be distributed -only under the terms of this License or a future version of this License released -under Section 7. You must include a copy of this License with every copy of -the Modifications you distribute. You agree not to offer or impose any terms -on any Source Code or executable version of the Licensed Product or Modifications -that alter or restrict 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 4(d). - -b. Availability of Source Code. You must make available, under the terms of -this License, the Source Code of the Licensed Product and any Modifications -that you distribute, either on the same media as you distribute any executable -or other form of the Licensed Product, or via a mechanism generally accepted -in the software development community for the electronic transfer of data -(an "Electronic Distribution Mechanism"). The Source Code for any version -of Licensed Product or Modifications that you distribute 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 said Licensed Product -or Modifications has been made available. You are responsible for ensuring -that the Source Code version remains available even if the Electronic Distribution -Mechanism is maintained by a third party. - - c. Intellectual Property Matters. - -i. Third Party Claims. If you have knowledge that a license to a third party's -intellectual property right is required to exercise the rights granted by -this License, you must include a text file with the Source Code distribution -titled "LEGAL" that 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 any Modifications available as described in -Section 4(b), you shall promptly modify the LEGAL file in all copies you make +(a "Contributor") hereby grants you a +world-wide, royalty-free, non-exclusive license, subject to third party intellectual +property claims, to do the +following: + +1. Use, reproduce, modify, display, perform, sublicense and distribute any +Modifications created by such +Contributor or portions thereof, in both Source Code or as an executable program, +either on an unmodified basis or as +part of Derivative Works. + +2. Under claims of patents now or hereafter owned or controlled by Contributor, +to make, use, sell, offer for +sale, have made, and/or otherwise dispose of Modifications or portions thereof, +but solely to the extent that any +such claim is necessary to enable you to make, use, sell, offer for sale, +have made, and/or otherwise dispose of +Modifications or portions thereof or Derivative Works thereof. + + +3. Exclusions From License Grant. Nothing in this License shall be deemed +to grant any rights to trademarks, +copyrights, patents, trade secrets or any other intellectual property of Licensor +or any Contributor except as +expressly stated herein. No patent license is granted separate from the Licensed +Product, for code that you delete +from the Licensed Product, or for combinations of the Licensed Product with +other software or hardware. No right is +granted to the trademarks of Licensor or any Contributor even if such marks +are included in the Licensed Product. +Nothing in this License shall be interpreted to prohibit Licensor from licensing +under different terms from this +License any code that Licensor otherwise would have a right to license. + + +4. Your Obligations Regarding Distribution. + +a. Application of This License to Your Modifications. As an express +condition for your use of the Licensed +Product, you hereby agree that any Modifications that you create or to which +you contribute, and which you +distribute, are governed by the terms of this License including, without limitation, +Section 2. Any Modifications +that you create or to which you contribute may be distributed only under the +terms of this License or a future +version of this License released under Section 7. You must include a copy +of this License with every copy of the +Modifications you distribute. You agree not to offer or impose any terms +on any Source Code or executable version of +the Licensed Product or Modifications that alter or restrict 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 4(d). + +b. Availability of Source Code. You must make available, under the +terms of this License, the Source Code of +the Licensed Product and any Modifications that you distribute, either on +the same media as you distribute any +executable or other form of the Licensed Product, or via a mechanism generally +accepted in the software development +community for the electronic transfer of data (an "Electronic Distribution +Mechanism"). The Source Code for any +version of Licensed Product or Modifications that you distribute 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 said +Licensed Product or Modifications has been made available. You are responsible +for ensuring that the Source Code +version remains available even if the Electronic Distribution Mechanism is +maintained by a third party. + +c. Intellectual Property Matters. + +i. Third Party Claims. If you have knowledge that a license to +a third +party's intellectual property right is required to exercise the rights granted +by this License, you must include a +text file with the Source Code distribution titled "LEGAL" that 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 any +Modifications available as described in Section 4(b), 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 Licensed Product from you that new knowledge has been obtained. - -ii. Contributor APIs. If your Modifications include an application programming -interface ("API") and you have knowledge of patent licenses that are reasonably -necessary to implement that API, you must also include this information in -the LEGAL file. - -iii. Representations. You represent that, except as disclosed pursuant to +mailing lists or newsgroups) +reasonably calculated to inform those who received the Licensed Product from +you that new knowledge has been +obtained. + +ii. Contributor APIs. If your Modifications include an application +programming interface ("API") and you have knowledge of patent licenses that +are reasonably necessary to implement +that API, you must also include this information in the LEGAL file. + +iii. Representations. You represent that, except as disclosed +pursuant to 4(c)(i) above, you believe that any Modifications you distribute are your -original creations and that you have sufficient rights to grant the rights -conveyed by this License. - -d. Required Notices. You must duplicate this License in any documentation -you provide along with the Source Code of any Modifications you create or -to which you contribute, and which you distribute, wherever you describe recipients' -rights relating to Licensed Product. You must duplicate the notice contained -in Exhibit A (the "Notice") in each file of the Source Code of any copy you -distribute of the Licensed Product. If you created a Modification, you may -add your name as a Contributor to the Notice. If it is not possible to put -the 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 charge a fee for, warranty, support, indemnity or liability obligations -to one or more recipients of Licensed Product. However, you may do so only -on your own behalf, and not on behalf of the Licensor or any Contributor. -You must make it clear that any such warranty, support, indemnity or liability -obligation is offered by you alone, and you hereby agree to indemnify the +original creations and that you have +sufficient rights to grant the rights conveyed by this License. + +d. Required Notices. You must duplicate this License in any documentation +you provide along with the Source +Code of any Modifications you create or to which you contribute, and which +you distribute, wherever you describe +recipients' rights relating to Licensed Product. You must duplicate the notice +contained in Exhibit A (the "Notice") +in each file of the Source Code of any copy you distribute of the Licensed +Product. If you created a Modification, +you may add your name as a Contributor to the Notice. If it is not possible +to put the 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 charge a fee for, warranty, +support, indemnity or liability obligations to one or more recipients of Licensed +Product. However, you may do so +only on your own behalf, and not on behalf of the Licensor or any Contributor. +You must make it clear that any such +warranty, support, indemnity or liability obligation is offered by you alone, +and you hereby agree to indemnify the Licensor and every Contributor for any liability incurred by the Licensor -or such Contributor as a result of warranty, support, indemnity or liability -terms you offer. - -e. Distribution of Executable Versions. You may distribute Licensed Product -as an executable program under a license of your choice that may contain terms -different from this License provided (i) you have satisfied the requirements -of Sections 4(a) through 4(d) for that distribution, (ii) you include a conspicuous -notice in the executable version, related documentation and collateral materials -stating that the Source Code version of the Licensed Product is available -under the terms of this License, including a description of how and where -you have fulfilled the obligations of Section 4(b), and (iii) you make it -clear that any terms that differ from this License are offered by you alone, -not by Licensor or any Contributor. You hereby agree to indemnify the Licensor -and every Contributor for any liability incurred by Licensor or such Contributor -as a result of any terms you offer. - -f. Distribution of Derivative Works. You may create Derivative Works (e.g., -combinations of some or all of the Licensed Product with other code) and distribute -the Derivative Works as products under any other license you select, with -the proviso that the requirements of this License are fulfilled for those -portions of the Derivative Works that consist of the Licensed Product or any -Modifications thereto. - -5. 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 Licensed Product due to statute, judicial order, or regulation, -then you must (i) comply with the terms of this License to the maximum extent -possible, (ii) cite the statute or regulation that prohibits you from adhering -to the License, and (iii) describe the limitations and the code they affect. -Such description must be included in the LEGAL file described in Section 4(d), -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 at computer programming to be able -to understand it. - -6. Application of This License. This License applies to code to which Licensor -or Contributor has attached the Notice in Exhibit A, which is incorporated -herein by this reference. - - 7. Versions of This License. - -a. New Versions. Licensor may publish from time to time revised and/or new -versions of the License. - -b. Effect of New Versions. Once Licensed Product 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 Licensed Product +or such Contributor as a result of +warranty, support, indemnity or liability terms you offer. + +e. Distribution of Executable Versions. You may distribute Licensed +Product as an executable program under a +license of your choice that may contain terms different from this License +provided (i) you have satisfied the +requirements of Sections 4(a) through 4(d) for that distribution, (ii) you +include a conspicuous notice in the +executable version, related documentation and collateral materials stating +that the Source Code version of the +Licensed Product is available under the terms of this License, including a +description of how and where you have +fulfilled the obligations of Section 4(b), and (iii) you make it clear that +any terms that differ from this License +are offered by you alone, not by Licensor or any Contributor. You hereby +agree to indemnify the Licensor and every +Contributor for any liability incurred by Licensor or such Contributor as +a result of any terms you offer. + +f. Distribution of Derivative Works. You may create Derivative Works +(e.g., combinations of some or all of the +Licensed Product with other code) and distribute the Derivative Works as products +under any other license you select, +with the proviso that the requirements of this License are fulfilled for those +portions of the Derivative Works that +consist of the Licensed Product or any Modifications thereto. + + +5. 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 Licensed Product +due to statute, judicial order, or +regulation, then you must (i) comply with the terms of this License to the +maximum extent possible, (ii) cite the +statute or regulation that prohibits you from adhering to the License, and +(iii) describe the limitations and the +code they affect. Such description must be included in the LEGAL file described +in Section 4(d), 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 +at computer programming to be able to +understand it. + + +6. Application of This License. This License applies to code to which +Licensor or Contributor has attached the +Notice in Exhibit A, which is incorporated herein by this reference. + + +7. Versions of This License. + +a. New Versions. Licensor may publish from time to time revised and/or +new versions of the License. + +b. Effect of New Versions. Once Licensed Product 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 Licensed Product under the terms of any subsequent version of the License published by Licensor. -No one other than Licensor has the right to modify the terms applicable to -Licensed Product created under this License. - -c. Derivative Works of this License. If you create or use a modified version -of this License, which you may do only in order to apply it to software that -is not already a Licensed Product under this License, you must rename your +No one other than Licensor has the +right to modify the terms applicable to Licensed Product created under this +License. + +c. Derivative Works of this License. If you create or use a modified +version of this License, which you may do +only in order to apply it to software that is not already a Licensed Product +under this License, you must rename your license so that it is not confusingly similar to this License, and must make -it clear that your license contains terms that differ from this License. In -so naming your license, you may not use any trademark of Licensor or any Contributor. +it clear that your license contains +terms that differ from this License. In so naming your license, you may not +use any trademark of Licensor or any +Contributor. -8. Disclaimer of Warranty. LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE -ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, -INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED PRODUCT IS FREE + +8. Disclaimer of Warranty. LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE +ON AN AS IS BASIS, WITHOUT WARRANTY +OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES +THAT THE LICENSED PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. -THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT -IS WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU (AND +THE ENTIRE RISK AS TO THE QUALITY AND +PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU. SHOULD LICENSED PRODUCT +PROVE DEFECTIVE IN ANY RESPECT, YOU (AND NOT THE LICENSOR 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 LICENSED PRODUCT IS AUTHORIZED HEREUNDER -EXCEPT UNDER THIS DISCLAIMER. - - 9. Termination. - -a. Automatic Termination Upon Breach. This license and the rights granted -hereunder will terminate automatically if you fail to comply with the terms -herein and fail to cure such breach within thirty (30) days of becoming aware -of the breach. All sublicenses to the Licensed Product that 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. - -b. Termination Upon Assertion of Patent Infringement. If you initiate litigation -by asserting a patent infringement claim (excluding declaratory judgment actions) -against Licensor or a Contributor (Licensor or Contributor against whom you -file such an action is referred to herein as Respondent) alleging that Licensed -Product directly or indirectly infringes any patent, then any and all rights -granted by such Respondent to you under Sections 1 or 2 of this License shall -terminate prospectively upon sixty (60) days notice from Respondent (the "Notice +SERVICING, REPAIR OR CORRECTION. THIS +DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE +OF LICENSED PRODUCT IS AUTHORIZED +HEREUNDER EXCEPT UNDER THIS DISCLAIMER. + + +9. Termination. + +a. Automatic Termination Upon Breach. This license and the rights granted +hereunder will terminate +automatically if you fail to comply with the terms herein and fail to cure +such breach within thirty (30) days of +becoming aware of the breach. All sublicenses to the Licensed Product that +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. + +b. Termination Upon Assertion of Patent Infringement. If you initiate +litigation by asserting a patent +infringement claim (excluding declaratory judgment actions) against Licensor +or a Contributor (Licensor or +Contributor against whom you file such an action is referred to herein as +Respondent) alleging that Licensed Product +directly or indirectly infringes any patent, then any and all rights granted +by such Respondent to you under Sections +1 or 2 of this License shall terminate prospectively upon sixty (60) days +notice from Respondent (the "Notice Period") unless within that Notice Period you either agree in writing (i) -to pay Respondent a mutually agreeable reasonably royalty for your past or -future use of Licensed Product made by such Respondent, or (ii) withdraw your +to pay Respondent a mutually agreeable +reasonably royalty for your past or future use of Licensed Product made by +such Respondent, or (ii) withdraw your litigation claim with respect to Licensed Product against such Respondent. -If within said Notice Period 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 Licensor to you under Sections 1 and -2 automatically terminate at the expiration of said Notice Period. - -c. Reasonable Value of This License. If you assert a patent infringement claim -against Respondent alleging that Licensed Product 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 said Respondent under Sections 1 and 2 shall -be taken into account in determining the amount or value of any payment or -license. - -d. No Retroactive Effect of Termination. In the event of termination under -Sections 9(a) or 9(b) above, all end user license agreements (excluding licenses -to distributors and resellers) that have been validly granted by you or any -distributor hereunder prior to termination shall survive termination. - -10. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, -WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, -ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED PRODUCT, 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 - +If within said Notice Period 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 Licensor to you under Sections 1 and 2 automatically +terminate at the expiration of +said Notice Period. + +c. Reasonable Value of This License. If you assert a patent infringement +claim against Respondent alleging +that Licensed Product 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 said Respondent under Sections 1 and 2 shall be taken into account +in determining the amount or value of +any payment or license. + +d. No Retroactive Effect of Termination. In the event of termination +under Sections 9(a) or 9(b) above, all +end user license agreements (excluding licenses to distributors and resellers) +that have been validly granted by you +or any distributor hereunder prior to termination shall survive termination. + + +10. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, +WHETHER TORT (INCLUDING NEGLIGENCE), +CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR +OF LICENSED PRODUCT, 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 PARTYS 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 +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. -11. Responsibility for Claims. As between Licensor and Contributors, each -party is responsible for claims and damages arising, directly or indirectly, -out of its utilization of rights under this License. You agree to work with + +11. Responsibility for Claims. As between Licensor and Contributors, each +party is responsible for claims and +damages arising, directly or indirectly, out of its utilization of rights +under this License. You agree to work with Licensor and Contributors to distribute such responsibility on an equitable -basis. Nothing herein is intended or - - shall be deemed to constitute any admission of liability. - -12. U.S. Government End Users. The Licensed Product 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 Licensed Product with only those rights set forth herein. - -13. Miscellaneous. This License represents the complete agreement concerning -the 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. You expressly agree that any litigation relating -to this license shall be subject to the jurisdiction of the Federal Courts -of the Northern District of California or the Superior Court of the County -of Santa Clara, California (as appropriate), 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. You and Licensor expressly waive any -rights to a jury trial in any litigation concerning Licensed Product or this -License. Any law or regulation that provides that the language of a contract -shall be construed against the drafter shall not apply to this License. - -14. Definition of You in This License. You throughout this License, whether -in upper or lower case, 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 7. For legal entities, you includes any -entity that controls, is controlled by, or is under common control with you. -For purposes of this definition, control means (i) the power, direct or indirect, -to cause the direction or management of such entity, whether by contract or -otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding -shares, or (iii) beneficial ownership of such entity. - -15. Glossary. All defined terms in this License that are used in more than -one Section of this License are repeated here, in alphabetical order, for -the convenience of the reader. The Section of this License in which each defined +basis. Nothing herein is intended or +shall be deemed to constitute any admission of liability. + + +12. U.S. Government End Users. The Licensed Product 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 Licensed Product +with only those rights set forth +herein. + + +13. Miscellaneous. This License represents the complete agreement concerning +the 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. +You expressly agree that any litigation +relating to this license shall be subject to the jurisdiction of the Federal +Courts of the Northern District of +California or the Superior Court of the County of Santa Clara, California +(as appropriate), 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. You and Licensor expressly +waive any rights to a jury trial in +any litigation concerning Licensed Product or this License. Any law or regulation +that provides that the language of +a contract shall be construed against the drafter shall not apply to this +License. + + +14. Definition of You in This License. You throughout this License, whether +in upper or lower case, 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 7. For legal entities, +you includes any entity that controls, is +controlled by, or is under common control with you. For purposes of this +definition, control means (i) the power, +direct or indirect, to cause the direction or management of such entity, whether +by contract or otherwise, or (ii) +ownership of fifty percent (50%) or more of the outstanding shares, or (iii) +beneficial ownership of such entity. + + +15. Glossary. All defined terms in this License that are used in more than +one Section of this License are repeated +here, in alphabetical order, for the convenience of the reader. The Section +of this License in which each defined term is first used is shown in parentheses. -Contributor: Each person or entity who created or contributed to the creation -of, and distributed, a Modification. (See Section 2) +Contributor: Each person or entity who created or contributed to the creation +of, and distributed, a Modification. +(See Section 2) Derivative Works: That term as used in this License is defined under U.S. -copyright law. (See Section 1(b)) +copyright law. (See Section 1(b)) -License: This BitTorrent Open Source License. (See first paragraph of License) +License: This BitTorrent Open Source License. (See first paragraph of License) -Licensed Product: Any BitTorrent Product licensed pursuant to this License. -The term "Licensed Product" includes all previous Modifications from any Contributor -that you receive. (See first paragraph of License and Section 2) +Licensed Product: Any BitTorrent Product licensed pursuant to this License. +The term "Licensed Product" includes +all previous Modifications from any Contributor that you receive. (See first +paragraph of License and Section 2) - Licensor: BitTorrent, Inc. (See first paragraph of License) +Licensor: BitTorrent, Inc. (See first paragraph of License) -Modifications: Any additions to or deletions from the substance or structure -of (i) a file containing Licensed Product, or (ii) any new file that contains -any part of Licensed Product. (See Section 2) +Modifications: Any additions to or deletions from the substance or structure +of (i) a file containing Licensed +Product, or (ii) any new file that contains any part of Licensed Product. +(See Section 2) - Notice: The notice contained in Exhibit A. (See Section 4(e)) +Notice: The notice contained in Exhibit A. (See Section 4(e)) Source Code: The preferred form for making modifications to the Licensed Product, -including all modules contained therein, plus any associated interface definition -files, scripts used to control compilation and installation of an executable -program, or a list of differential comparisons against the Source Code of -the Licensed Product. (See +including all modules contained +therein, plus any associated interface definition files, scripts used to control +compilation and installation of an +executable program, or a list of differential comparisons against the Source +Code of the Licensed Product. (See +Section 1(a)) + +You: This term is defined in Section 14 of this License. - Section 1(a)) - You: This term is defined in Section 14 of this License. EXHIBIT A +EXHIBIT A The Notice below must appear in each file of the Source Code of any copy you -distribute of the Licensed Product or any hereto. Contributors to any Modifications -may add their own copyright notices to identify their own contributions. +distribute of the Licensed Product or +any hereto. Contributors to any Modifications may add their own copyright +notices to identify their own +contributions. License: The contents of this file are subject to the BitTorrent Open Source License -Version 1.0 (the License). You may not copy or use this file, in either source -code or executable form, except in compliance with the License. You may obtain -a copy of the License at http://www.bittorrent.com/license/. +Version 1.0 (the License). You may not +copy or use this file, in either source code or executable form, except in +compliance with the License. You may +obtain a copy of the License at http://www.bittorrent.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. +WARRANTY OF ANY KIND, either express +or implied. See the License for the specific language governing rights and +limitations under the License. |