123456789101112131415161718192021222324252627282930313233343536373839404142434445464748495051525354555657585960616263646566676869707172737475767778798081828384858687888990919293949596979899100101102103104105106107108109110111112113114115116117118119120121122123124125126127128129130131132133134135136137138139140141142143144145146147148149150151152153154155156157158159160161162163164165166167168169170171172173174175176177178179180181182183184185186187188189190191192193194195196197198199200201202203204205206207208209210211212213214215216217218219220221222223224225226227228229230231232233234235236237238239240241242243244245246247248249250251252253254255256257258259260261262263264265266267268269270271272273274275276277278279280281282283284285286287288289290291292293294295296297298299300301302303304305306307308309310311312313314315316317318319320321322323324325326327328329330 |
- 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
- 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.
-
- 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
- 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.
-
- 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.
-
- 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.
-
- 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:
-
- 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.
-
-
- 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
- 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
- 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:
-
- 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
- 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
- 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
- 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
- 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.
-
-
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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)
-
- Derivative Works: That term as used in this License is defined under U.S. copyright law. (See Section 1(b))
-
- 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)
-
- 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)
-
- 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
- Section 1(a))
-
- You: This term is defined in Section 14 of this License.
-
-
- 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.
-
- 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/.
-
- 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.
|