diff options
Diffstat (limited to 'options/license/NOSL')
| -rw-r--r-- | options/license/NOSL | 89 |
1 files changed, 31 insertions, 58 deletions
diff --git a/options/license/NOSL b/options/license/NOSL index 6c3355a8d1..59567cfc34 100644 --- a/options/license/NOSL +++ b/options/license/NOSL @@ -1,8 +1,7 @@ NETIZEN OPEN SOURCE LICENSE - Version 1.0 - 1. Definitions. +1. Definitions. 1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code available to a third party. @@ -20,7 +19,7 @@ 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. + 1.5. "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. @@ -28,7 +27,7 @@ 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. "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, @@ -37,10 +36,8 @@ any and all of the rights conveyed herein. 1.9. "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is: - A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications. - B. Any new file that contains any part of the Original Code or previous Modifications. 1.10. "Original Code" means Source Code of computer software code which is @@ -70,51 +67,42 @@ 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. 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 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. - + 2.2. Contributor Grant. Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license - (a) under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and - (b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination). - (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial Use of the Covered Code. - (d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) @@ -123,7 +111,7 @@ 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. 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 @@ -156,10 +144,8 @@ 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. - + 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 @@ -171,23 +157,18 @@ 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. - + (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. - + (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. - + 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 @@ -205,8 +186,7 @@ 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. - + 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 @@ -226,14 +206,13 @@ 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. - + 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 LEDs 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. +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, @@ -245,29 +224,26 @@ 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. +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. +6. Versions of the License. + 6.1. New Versions. Netizen Pty Ltd ("Netizen ") 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. - + 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 Netizen. No one other than Netizen has the right to modify the terms applicable to Covered Code created under this License. - 6.3. Derivative Works. - + 6.3. Derivative Works. If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must (a) rename Your license so that the phrases "Netizen", @@ -279,7 +255,7 @@ 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.) - 7. DISCLAIMER OF WARRANTY. +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 @@ -307,7 +283,7 @@ of the cost of having the goods repaired; and if the breach relates to services the supplying of the services again; or the payment of the cost of having the services supplied again. - 8. TERMINATION. +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 @@ -320,7 +296,6 @@ of this License shall survive. 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 @@ -333,7 +308,6 @@ 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 @@ -353,8 +327,7 @@ 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. - +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 @@ -369,7 +342,7 @@ 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. +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 @@ -378,23 +351,21 @@ computer software documentation," as such terms are used in 48 C.F.R. 12.212 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein. - 11. MISCELLANEOUS. +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 Agreement shall be governed by and construed according to the law of the State of Victoria. The parties irrevocably submit to the exclusive jurisdiction of the Courts of Victoria and Australia and any Courts hearing appeals from such Courts. This Agreement is deemed to have been made in Victoria. - The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License. - 12. RESPONSIBILITY FOR CLAIMS. +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 @@ -403,13 +374,15 @@ 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. +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 NPL or the alternative licenses, if any, specified by the Initial Developer in the file described -in Exhibit A. EXHIBIT A - Netizen Open Source License +in Exhibit A. + +EXHIBIT A - Netizen Open Source License ``The contents of this file are subject to the Netizen Open Source License Version 1.0 (the "License"); you may not use this file except in compliance @@ -419,13 +392,13 @@ 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 Original Code is ______________________________________. The Initial Developer of the Original Code is ________________________. Portions created by ______________________ are Copyright (C) ______ _______________________. All Rights Reserved. -Contributor(s): ______________________________________. + Contributor(s): ______________________________________. Alternatively, the contents of this file may be used under the terms of the _____ license (the "[___] License"), in which case the provisions of [______] |