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- THOR Public Licence (TPL)
-
- 0. Notes of Origin
-
- 0.1 As required by paragraph 6.3 of the "Mozilla Public Licence",
- "MPL" in the following, it is hereby stated that this Licence
- condition ("TPL") differs in the following items from the original
- "Mozilla Public Licence" as provided by "Netscape Communications
- Corporation":
-
- a) Paragraphs 6.2 and 6.3 of the MPL has been modified to bind licence
- modifications to the Author of this Licence, Thomas Richter.
-
- b) Paragraph 11 has been modified to gover this Licence by German
- law rather than Californian Law.
-
- c) The licence has been renamed to "TPL" and "THOR Public
- Licence". All references towards "MPL" have been removed except in
- section 0 to indicate the difference from "MPL".
-
- No other modifications have been made.
-
-
- 1. Definitions.
-
- 1.0.1. "Commercial Use" means distribution or otherwise making the
- Covered Code available to a third party.
-
- 1.1. "Contributor" means each entity that creates or contributes to
- the creation of Modifications.
-
- 1.2. "Contributor Version" means the combination of the Original Code,
- prior Modifications used by a Contributor, and the Modifications made
- by that particular Contributor.
-
- 1.3. "Covered Code" means the Original Code or Modifications or the
- combination of the Original Code and Modifications, in each case
- including portions thereof.
-
- 1.4. "Electronic Distribution Mechanism" means a mechanism generally
- accepted in the software development community for the electronic
- transfer of data.
-
- 1.5. "Executable" means Covered Code in any form other than Source
- Code.
-
- 1.6. "Initial Developer" means the individual or entity identified as
- the Initial Developer in the Source Code notice required by Exhibit A.
-
- 1.7. "Larger Work" means a work which combines Covered Code or
- portions thereof with code not governed by the terms of this License.
-
- 1.8. "License" means this document.
-
- 1.8.1. "Licensable" means having the right to grant, to the maximum
- extent possible, whether at the time of the initial grant or
- subsequently acquired, any and all of the rights conveyed herein.
-
- 1.9. "Modifications" means any addition to or deletion from the
- substance or structure of either the Original Code or any previous
- Modifications. When Covered Code is released as a series of files, a
- Modification is: A. Any addition to or deletion from the contents of a
- file containing Original Code or previous Modifications.
-
- B. Any new file that contains any part of the Original Code or
- previous Modifications.
-
- 1.10. "Original Code" means Source Code of computer software code
- which is described in the Source Code notice required by Exhibit A as
- Original Code, and which, at the time of its release under this
- License is not already Covered Code governed by this License.
-
- 1.10.1. "Patent Claims" means any patent claim(s), now owned or
- hereafter acquired, including without limitation, method, process, and
- apparatus claims, in any patent Licensable by grantor.
-
- 1.11. "Source Code" means the preferred form of the Covered Code for
- making modifications to it, including all modules it contains, plus
- any associated interface definition files, scripts used to control
- compilation and installation of an Executable, or source code
- differential comparisons against either the Original Code or another
- well known, available Covered Code of the Contributor's choice. The
- Source Code can be in a compressed or archival form, provided the
- appropriate decompression or de-archiving software is widely available
- for no charge.
-
- 1.12. "You" (or "Your") means an individual or a legal entity
- exercising rights under, and complying with all of the terms of, this
- License or a future version of this License issued under Section
- 6.1. For legal entities, "You" includes any entity which controls, is
- controlled by, or is under common control with You. For purposes of
- this definition, "control" means (a) the power, direct or indirect, to
- cause the direction or management of such entity, whether by contract
- or otherwise, or (b) ownership of more than fifty percent (50%) of the
- outstanding shares or beneficial ownership of such entity.
-
- 2. 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. Subject to third party intellectual property
- claims, each Contributor hereby grants You a world-wide, royalty-free,
- non-exclusive license
-
- (a) under intellectual property rights (other than patent or
- trademark) Licensable by Contributor, to use, reproduce, modify,
- display, perform, sublicense and distribute the Modifications created
- by such Contributor (or portions thereof) either on an unmodified
- basis, with other Modifications, as Covered Code and/or as part of a
- Larger Work; and
-
- (b) under Patent Claims infringed by the making, using, or selling of
- Modifications made by that Contributor either alone and/or in
- combination with its Contributor Version (or portions of such
- combination), to make, use, sell, offer for sale, have made, and/or
- otherwise dispose of: 1) Modifications made by that Contributor (or
- portions thereof); and 2) the combination of Modifications made by
- that Contributor with its Contributor Version (or portions of such
- combination).
-
- (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective
- on the date Contributor first makes Commercial Use of the Covered
- Code.
-
- (d) Notwithstanding Section 2.2(b) above, no patent license is
- granted: 1) for any code that Contributor has deleted from the
- Contributor Version; 2) separate from the Contributor Version; 3) for
- infringements caused by: i) third party modifications of Contributor
- Version or ii) the combination of Modifications made by that
- Contributor with other software (except as part of the Contributor
- Version) or other devices; or 4) under Patent Claims infringed by
- Covered Code in the absence of Modifications made by that Contributor.
-
-
- 3. 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 in Source Code form
- under the terms of this License either on the same media as an
- Executable version or via an accepted Electronic Distribution
- Mechanism to anyone to whom you made an Executable version available;
- and if made available via Electronic Distribution Mechanism, must
- remain available for at least twelve (12) months after the date it
- initially became available, or at least six (6) months after a
- subsequent version of that particular Modification has been made
- available to such recipients. You are responsible for ensuring that
- the Source Code version remains available even if the Electronic
- Distribution Mechanism is maintained by a third party.
-
- 3.3. Description of Modifications. You must cause all Covered Code to
- which You contribute to contain a file documenting the changes You
- made to create that Covered Code and the date of any change. You must
- include a prominent statement that the Modification is derived,
- directly or indirectly, from Original Code provided by the Initial
- Developer and including the name of the Initial Developer in (a) the
- Source Code, and (b) in any notice in an Executable version or related
- documentation in which You describe the origin or ownership of the
- Covered Code.
-
- 3.4. Intellectual Property Matters (a) Third Party Claims. If
- Contributor has knowledge that a license under a third party's
- intellectual property rights is required to exercise the rights
- granted by such Contributor under Sections 2.1 or 2.2, Contributor
- must include a text file with the Source Code distribution titled
- "LEGAL" which describes the claim and the party making the claim in
- sufficient detail that a recipient will know whom to contact. If
- Contributor obtains such knowledge after the Modification is made
- available as described in Section 3.2, Contributor shall promptly
- modify the LEGAL file in all copies Contributor makes available
- thereafter and shall take other steps (such as notifying appropriate
- mailing lists or newsgroups) reasonably calculated to inform those who
- received the Covered Code that new knowledge has been obtained.
-
- (b) Contributor APIs. If Contributor's Modifications include an
- application programming interface and Contributor has knowledge of
- patent licenses which are reasonably necessary to implement that API,
- Contributor must also include this information in the LEGAL file.
-
- (c) Representations. Contributor represents that, except as disclosed
- pursuant to Section 3.4(a) above, Contributor believes that
- Contributor's Modifications are Contributor's original creation(s)
- and/or Contributor has sufficient rights to grant the rights conveyed
- by this License.
-
-
- 3.5. Required Notices. You must duplicate the notice in Exhibit A in
- each file of the Source Code. If it is not possible to put such
- notice in a particular Source Code file due to its structure, then You
- must include such notice in a location (such as a relevant directory)
- where a user would be likely to look for such a notice. If You
- created one or more Modification(s) You may add your name as a
- Contributor to the notice described in Exhibit A. You must also
- duplicate this License in any documentation for the Source Code where
- You describe recipients' rights or ownership rights relating to
- Covered Code. You may choose to offer, and to charge a fee for,
- warranty, support, indemnity or liability obligations to one or more
- recipients of Covered Code. However, You may do so only on Your own
- behalf, and not on behalf of the Initial Developer or any
- Contributor. You must make it absolutely clear than any such warranty,
- support, indemnity or liability obligation is offered by You alone,
- and You hereby agree to indemnify the Initial Developer and every
- Contributor for any liability incurred by the Initial Developer or
- such Contributor as a result of warranty, support, indemnity or
- liability terms You offer.
-
- 3.6. Distribution of Executable Versions. You may distribute Covered
- Code in Executable form only if the requirements of Section 3.1-3.5
- have been met for that Covered Code, and if You include a notice
- stating that the Source Code version of the Covered Code is available
- under the terms of this License, including a description of how and
- where You have fulfilled the obligations of Section 3.2. The notice
- must be conspicuously included in any notice in an Executable version,
- related documentation or collateral in which You describe recipients'
- rights relating to the Covered Code. You may distribute the Executable
- version of Covered Code or ownership rights under a license of Your
- choice, which may contain terms different from this License, provided
- that You are in compliance with the terms of this License and that the
- license for the Executable version does not attempt to limit or alter
- the recipient's rights in the Source Code version from the rights set
- forth in this License. If You distribute the Executable version under
- a different license You must make it absolutely clear that any terms
- which differ from this License are offered by You alone, not by the
- Initial Developer or any Contributor. You hereby agree to indemnify
- the Initial Developer and every Contributor for any liability incurred
- by the Initial Developer or such Contributor as a result of any such
- terms You offer.
-
- 3.7. Larger Works. You may create a Larger Work by combining Covered
- Code with other code not governed by the terms of this License and
- distribute the Larger Work as a single product. In such a case, You
- must make sure the requirements of this License are fulfilled for the
- Covered Code.
-
- 4. Inability to Comply Due to Statute or Regulation.
-
- If it is impossible for You to comply with any of the terms of this
- License with respect to some or all of the Covered Code due to
- statute, judicial order, or regulation then You must: (a) comply with
- the terms of this License to the maximum extent possible; and (b)
- describe the limitations and the code they affect. Such description
- must be included in the LEGAL file described in Section 3.4 and must
- be included with all distributions of the Source Code. Except to the
- extent prohibited by statute or regulation, such description must be
- sufficiently detailed for a recipient of ordinary skill to be able to
- understand it.
-
- 5. Application of this License.
-
- This License applies to code to which the Initial Developer has
- attached the notice in Exhibit A and to related Covered Code.
-
- 6. Versions of the License.
-
- 6.1. New Versions. Thomas Richter 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 Thomas Richter. No one other than Thomas Richter
- has the right to modify the terms applicable to Covered Code created
- under this License.
-
- 6.3. Derivative Works. If You create or use a modified version of
- this License (which you may only do in order to apply it to code which
- is not already Covered Code governed by this License), You must (a)
- rename Your license so that the phrases "TPL", "THOR Software",
- "Thomas Richter" 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 THOR 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.)
-
- 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 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 YOU, THE INITIAL
- DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
- OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
- ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
- CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
- WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
- COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
- INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
- LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
- RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
- PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
- EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
- THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
-
- 10. U.S. GOVERNMENT END USERS.
-
- The Covered Code is a "commercial item," as that term is defined in 48
- C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software"
- and "commercial computer software documentation," as such terms are
- used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
- C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
- all U.S. Government End Users acquire Covered Code with only those
- rights set forth herein.
-
- 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
- German 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 Federal Republic of
- Germany, any litigation relating to this License shall be subject to
- the jurisdiction of the Federal Courts of the Federal Republic of
- Germany, with the losing party responsible for costs, including
- without limitation, court costs and reasonable attorneys' fees and
- expenses. Any law or regulation which provides that the language of a
- contract shall be construed against the drafter shall not apply to
- this License.
-
- 12. RESPONSIBILITY FOR CLAIMS.
-
- As between Initial Developer and the Contributors, each party is
- responsible for claims and damages arising, directly or indirectly,
- out of its utilization of rights under this License and You agree to
- work with Initial Developer and Contributors to distribute such
- responsibility on an equitable basis. Nothing herein is intended or
- shall be deemed to constitute any admission of liability.
-
- 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.
-
-
- EXHIBIT A - THOR Public License.
-
- The contents of this file are subject to the THOR Public License
- Version 1.0 (the "License"); you may not use this file except in
- compliance with the 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 specificlanguage governing rights and limitations
- under the License.
-
- The Original Code is ______________________________________.
-
- The Initial Developer of the Original Code is _____________.
-
- Portions created by ______________________ are
- Copyright (C) ______ _______________________.
-
- All Rights Reserved.
-
- 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 [______] License are applicable instead of those above. If you
- wish to allow use of your version of this file only under the terms of
- the [____] License and not to allow others to use your version of this
- file under the TPL, indicate your decision by deleting the provisions
- above and replace them with the notice and other provisions required
- by the [___] License. If you do not delete the provisions above, a
- recipient may use your version of this file under either the TPL or
- the [___] License."
-
- [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.]
|