1. Definitions.
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:
B. Any new file that contains any part of the Original Code
or previous Modifications.
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.
(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).
(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.
(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.
3.2. 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
(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.
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.
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 Marc Stiegler. No one
other than Marc Stiegler 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 "Securit-Edesk" 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 Securit-Edesk 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.)
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.
EXHIBIT A -Securit-Edesk Public License Version 1.1.
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 Securit-Edesk Program.
The Initial Developer of the Original Code is Marc Stiegler. Portions
created by
Marc Stiegler are Copyright (C) Marc Stiegler. All Rights
Reserved.
Contributor(s): ______________________________________.
[NOTE: The text of this Exhibit A may differ slightly from the text
of the notices in the Source Code files of the Original Code. You should
use the text of this Exhibit A rather than the text found in the Original
Code Source Code for Your Modifications.]