Licenses/OpenHardwareMonitor.License.txt
author moel.mich
Sun, 15 May 2011 17:21:27 +0000
changeset 286 48d7e8d6c0db
permissions -rw-r--r--
Fixed Issue 204.
     1                           MOZILLA PUBLIC LICENSE
     2                                 Version 1.1
     3 
     4                               ---------------
     5 
     6 1. Definitions.
     7 
     8      1.0.1. "Commercial Use" means distribution or otherwise making the
     9      Covered Code available to a third party.
    10 
    11      1.1. "Contributor" means each entity that creates or contributes to
    12      the creation of Modifications.
    13 
    14      1.2. "Contributor Version" means the combination of the Original
    15      Code, prior Modifications used by a Contributor, and the Modifications
    16      made by that particular Contributor.
    17 
    18      1.3. "Covered Code" means the Original Code or Modifications or the
    19      combination of the Original Code and Modifications, in each case
    20      including portions thereof.
    21 
    22      1.4. "Electronic Distribution Mechanism" means a mechanism generally
    23      accepted in the software development community for the electronic
    24      transfer of data.
    25 
    26      1.5. "Executable" means Covered Code in any form other than Source
    27      Code.
    28 
    29      1.6. "Initial Developer" means the individual or entity identified
    30      as the Initial Developer in the Source Code notice required by Exhibit
    31      A.
    32 
    33      1.7. "Larger Work" means a work which combines Covered Code or
    34      portions thereof with code not governed by the terms of this License.
    35 
    36      1.8. "License" means this document.
    37 
    38      1.8.1. "Licensable" means having the right to grant, to the maximum
    39      extent possible, whether at the time of the initial grant or
    40      subsequently acquired, any and all of the rights conveyed herein.
    41 
    42      1.9. "Modifications" means any addition to or deletion from the
    43      substance or structure of either the Original Code or any previous
    44      Modifications. When Covered Code is released as a series of files, a
    45      Modification is:
    46           A. Any addition to or deletion from the contents of a file
    47           containing Original Code or previous Modifications.
    48 
    49           B. Any new file that contains any part of the Original Code or
    50           previous Modifications.
    51 
    52      1.10. "Original Code" means Source Code of computer software code
    53      which is described in the Source Code notice required by Exhibit A as
    54      Original Code, and which, at the time of its release under this
    55      License is not already Covered Code governed by this License.
    56 
    57      1.10.1. "Patent Claims" means any patent claim(s), now owned or
    58      hereafter acquired, including without limitation,  method, process,
    59      and apparatus claims, in any patent Licensable by grantor.
    60 
    61      1.11. "Source Code" means the preferred form of the Covered Code for
    62      making modifications to it, including all modules it contains, plus
    63      any associated interface definition files, scripts used to control
    64      compilation and installation of an Executable, or source code
    65      differential comparisons against either the Original Code or another
    66      well known, available Covered Code of the Contributor's choice. The
    67      Source Code can be in a compressed or archival form, provided the
    68      appropriate decompression or de-archiving software is widely available
    69      for no charge.
    70 
    71      1.12. "You" (or "Your")  means an individual or a legal entity
    72      exercising rights under, and complying with all of the terms of, this
    73      License or a future version of this License issued under Section 6.1.
    74      For legal entities, "You" includes any entity which controls, is
    75      controlled by, or is under common control with You. For purposes of
    76      this definition, "control" means (a) the power, direct or indirect,
    77      to cause the direction or management of such entity, whether by
    78      contract or otherwise, or (b) ownership of more than fifty percent
    79      (50%) of the outstanding shares or beneficial ownership of such
    80      entity.
    81 
    82 2. Source Code License.
    83 
    84      2.1. The Initial Developer Grant.
    85      The Initial Developer hereby grants You a world-wide, royalty-free,
    86      non-exclusive license, subject to third party intellectual property
    87      claims:
    88           (a)  under intellectual property rights (other than patent or
    89           trademark) Licensable by Initial Developer to use, reproduce,
    90           modify, display, perform, sublicense and distribute the Original
    91           Code (or portions thereof) with or without Modifications, and/or
    92           as part of a Larger Work; and
    93 
    94           (b) under Patents Claims infringed by the making, using or
    95           selling of Original Code, to make, have made, use, practice,
    96           sell, and offer for sale, and/or otherwise dispose of the
    97           Original Code (or portions thereof).
    98 
    99           (c) the licenses granted in this Section 2.1(a) and (b) are
   100           effective on the date Initial Developer first distributes
   101           Original Code under the terms of this License.
   102 
   103           (d) Notwithstanding Section 2.1(b) above, no patent license is
   104           granted: 1) for code that You delete from the Original Code; 2)
   105           separate from the Original Code;  or 3) for infringements caused
   106           by: i) the modification of the Original Code or ii) the
   107           combination of the Original Code with other software or devices.
   108 
   109      2.2. Contributor Grant.
   110      Subject to third party intellectual property claims, each Contributor
   111      hereby grants You a world-wide, royalty-free, non-exclusive license
   112 
   113           (a)  under intellectual property rights (other than patent or
   114           trademark) Licensable by Contributor, to use, reproduce, modify,
   115           display, perform, sublicense and distribute the Modifications
   116           created by such Contributor (or portions thereof) either on an
   117           unmodified basis, with other Modifications, as Covered Code
   118           and/or as part of a Larger Work; and
   119 
   120           (b) under Patent Claims infringed by the making, using, or
   121           selling of  Modifications made by that Contributor either alone
   122           and/or in combination with its Contributor Version (or portions
   123           of such combination), to make, use, sell, offer for sale, have
   124           made, and/or otherwise dispose of: 1) Modifications made by that
   125           Contributor (or portions thereof); and 2) the combination of
   126           Modifications made by that Contributor with its Contributor
   127           Version (or portions of such combination).
   128 
   129           (c) the licenses granted in Sections 2.2(a) and 2.2(b) are
   130           effective on the date Contributor first makes Commercial Use of
   131           the Covered Code.
   132 
   133           (d)    Notwithstanding Section 2.2(b) above, no patent license is
   134           granted: 1) for any code that Contributor has deleted from the
   135           Contributor Version; 2)  separate from the Contributor Version;
   136           3)  for infringements caused by: i) third party modifications of
   137           Contributor Version or ii)  the combination of Modifications made
   138           by that Contributor with other software  (except as part of the
   139           Contributor Version) or other devices; or 4) under Patent Claims
   140           infringed by Covered Code in the absence of Modifications made by
   141           that Contributor.
   142 
   143 3. Distribution Obligations.
   144 
   145      3.1. Application of License.
   146      The Modifications which You create or to which You contribute are
   147      governed by the terms of this License, including without limitation
   148      Section 2.2. The Source Code version of Covered Code may be
   149      distributed only under the terms of this License or a future version
   150      of this License released under Section 6.1, and You must include a
   151      copy of this License with every copy of the Source Code You
   152      distribute. You may not offer or impose any terms on any Source Code
   153      version that alters or restricts the applicable version of this
   154      License or the recipients' rights hereunder. However, You may include
   155      an additional document offering the additional rights described in
   156      Section 3.5.
   157 
   158      3.2. Availability of Source Code.
   159      Any Modification which You create or to which You contribute must be
   160      made available in Source Code form under the terms of this License
   161      either on the same media as an Executable version or via an accepted
   162      Electronic Distribution Mechanism to anyone to whom you made an
   163      Executable version available; and if made available via Electronic
   164      Distribution Mechanism, must remain available for at least twelve (12)
   165      months after the date it initially became available, or at least six
   166      (6) months after a subsequent version of that particular Modification
   167      has been made available to such recipients. You are responsible for
   168      ensuring that the Source Code version remains available even if the
   169      Electronic Distribution Mechanism is maintained by a third party.
   170 
   171      3.3. Description of Modifications.
   172      You must cause all Covered Code to which You contribute to contain a
   173      file documenting the changes You made to create that Covered Code and
   174      the date of any change. You must include a prominent statement that
   175      the Modification is derived, directly or indirectly, from Original
   176      Code provided by the Initial Developer and including the name of the
   177      Initial Developer in (a) the Source Code, and (b) in any notice in an
   178      Executable version or related documentation in which You describe the
   179      origin or ownership of the Covered Code.
   180 
   181      3.4. Intellectual Property Matters
   182           (a) Third Party Claims.
   183           If Contributor has knowledge that a license under a third party's
   184           intellectual property rights is required to exercise the rights
   185           granted by such Contributor under Sections 2.1 or 2.2,
   186           Contributor must include a text file with the Source Code
   187           distribution titled "LEGAL" which describes the claim and the
   188           party making the claim in sufficient detail that a recipient will
   189           know whom to contact. If Contributor obtains such knowledge after
   190           the Modification is made available as described in Section 3.2,
   191           Contributor shall promptly modify the LEGAL file in all copies
   192           Contributor makes available thereafter and shall take other steps
   193           (such as notifying appropriate mailing lists or newsgroups)
   194           reasonably calculated to inform those who received the Covered
   195           Code that new knowledge has been obtained.
   196 
   197           (b) Contributor APIs.
   198           If Contributor's Modifications include an application programming
   199           interface and Contributor has knowledge of patent licenses which
   200           are reasonably necessary to implement that API, Contributor must
   201           also include this information in the LEGAL file.
   202 
   203                (c)    Representations.
   204           Contributor represents that, except as disclosed pursuant to
   205           Section 3.4(a) above, Contributor believes that Contributor's
   206           Modifications are Contributor's original creation(s) and/or
   207           Contributor has sufficient rights to grant the rights conveyed by
   208           this License.
   209 
   210      3.5. Required Notices.
   211      You must duplicate the notice in Exhibit A in each file of the Source
   212      Code.  If it is not possible to put such notice in a particular Source
   213      Code file due to its structure, then You must include such notice in a
   214      location (such as a relevant directory) where a user would be likely
   215      to look for such a notice.  If You created one or more Modification(s)
   216      You may add your name as a Contributor to the notice described in
   217      Exhibit A.  You must also duplicate this License in any documentation
   218      for the Source Code where You describe recipients' rights or ownership
   219      rights relating to Covered Code.  You may choose to offer, and to
   220      charge a fee for, warranty, support, indemnity or liability
   221      obligations to one or more recipients of Covered Code. However, You
   222      may do so only on Your own behalf, and not on behalf of the Initial
   223      Developer or any Contributor. You must make it absolutely clear than
   224      any such warranty, support, indemnity or liability obligation is
   225      offered by You alone, and You hereby agree to indemnify the Initial
   226      Developer and every Contributor for any liability incurred by the
   227      Initial Developer or such Contributor as a result of warranty,
   228      support, indemnity or liability terms You offer.
   229 
   230      3.6. Distribution of Executable Versions.
   231      You may distribute Covered Code in Executable form only if the
   232      requirements of Section 3.1-3.5 have been met for that Covered Code,
   233      and if You include a notice stating that the Source Code version of
   234      the Covered Code is available under the terms of this License,
   235      including a description of how and where You have fulfilled the
   236      obligations of Section 3.2. The notice must be conspicuously included
   237      in any notice in an Executable version, related documentation or
   238      collateral in which You describe recipients' rights relating to the
   239      Covered Code. You may distribute the Executable version of Covered
   240      Code or ownership rights under a license of Your choice, which may
   241      contain terms different from this License, provided that You are in
   242      compliance with the terms of this License and that the license for the
   243      Executable version does not attempt to limit or alter the recipient's
   244      rights in the Source Code version from the rights set forth in this
   245      License. If You distribute the Executable version under a different
   246      license You must make it absolutely clear that any terms which differ
   247      from this License are offered by You alone, not by the Initial
   248      Developer or any Contributor. You hereby agree to indemnify the
   249      Initial Developer and every Contributor for any liability incurred by
   250      the Initial Developer or such Contributor as a result of any such
   251      terms You offer.
   252 
   253      3.7. Larger Works.
   254      You may create a Larger Work by combining Covered Code with other code
   255      not governed by the terms of this License and distribute the Larger
   256      Work as a single product. In such a case, You must make sure the
   257      requirements of this License are fulfilled for the Covered Code.
   258 
   259 4. Inability to Comply Due to Statute or Regulation.
   260 
   261      If it is impossible for You to comply with any of the terms of this
   262      License with respect to some or all of the Covered Code due to
   263      statute, judicial order, or regulation then You must: (a) comply with
   264      the terms of this License to the maximum extent possible; and (b)
   265      describe the limitations and the code they affect. Such description
   266      must be included in the LEGAL file described in Section 3.4 and must
   267      be included with all distributions of the Source Code. Except to the
   268      extent prohibited by statute or regulation, such description must be
   269      sufficiently detailed for a recipient of ordinary skill to be able to
   270      understand it.
   271 
   272 5. Application of this License.
   273 
   274      This License applies to code to which the Initial Developer has
   275      attached the notice in Exhibit A and to related Covered Code.
   276 
   277 6. Versions of the License.
   278 
   279      6.1. New Versions.
   280      Netscape Communications Corporation ("Netscape") may publish revised
   281      and/or new versions of the License from time to time. Each version
   282      will be given a distinguishing version number.
   283 
   284      6.2. Effect of New Versions.
   285      Once Covered Code has been published under a particular version of the
   286      License, You may always continue to use it under the terms of that
   287      version. You may also choose to use such Covered Code under the terms
   288      of any subsequent version of the License published by Netscape. No one
   289      other than Netscape has the right to modify the terms applicable to
   290      Covered Code created under this License.
   291 
   292      6.3. Derivative Works.
   293      If You create or use a modified version of this License (which you may
   294      only do in order to apply it to code which is not already Covered Code
   295      governed by this License), You must (a) rename Your license so that
   296      the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape",
   297      "MPL", "NPL" or any confusingly similar phrase do not appear in your
   298      license (except to note that your license differs from this License)
   299      and (b) otherwise make it clear that Your version of the license
   300      contains terms which differ from the Mozilla Public License and
   301      Netscape Public License. (Filling in the name of the Initial
   302      Developer, Original Code or Contributor in the notice described in
   303      Exhibit A shall not of themselves be deemed to be modifications of
   304      this License.)
   305 
   306 7. DISCLAIMER OF WARRANTY.
   307 
   308      COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
   309      WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
   310      WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
   311      DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
   312      THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
   313      IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
   314      YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
   315      COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
   316      OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
   317      ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
   318 
   319 8. TERMINATION.
   320 
   321      8.1.  This License and the rights granted hereunder will terminate
   322      automatically if You fail to comply with terms herein and fail to cure
   323      such breach within 30 days of becoming aware of the breach. All
   324      sublicenses to the Covered Code which are properly granted shall
   325      survive any termination of this License. Provisions which, by their
   326      nature, must remain in effect beyond the termination of this License
   327      shall survive.
   328 
   329      8.2.  If You initiate litigation by asserting a patent infringement
   330      claim (excluding declatory judgment actions) against Initial Developer
   331      or a Contributor (the Initial Developer or Contributor against whom
   332      You file such action is referred to as "Participant")  alleging that:
   333 
   334      (a)  such Participant's Contributor Version directly or indirectly
   335      infringes any patent, then any and all rights granted by such
   336      Participant to You under Sections 2.1 and/or 2.2 of this License
   337      shall, upon 60 days notice from Participant terminate prospectively,
   338      unless if within 60 days after receipt of notice You either: (i)
   339      agree in writing to pay Participant a mutually agreeable reasonable
   340      royalty for Your past and future use of Modifications made by such
   341      Participant, or (ii) withdraw Your litigation claim with respect to
   342      the Contributor Version against such Participant.  If within 60 days
   343      of notice, a reasonable royalty and payment arrangement are not
   344      mutually agreed upon in writing by the parties or the litigation claim
   345      is not withdrawn, the rights granted by Participant to You under
   346      Sections 2.1 and/or 2.2 automatically terminate at the expiration of
   347      the 60 day notice period specified above.
   348 
   349      (b)  any software, hardware, or device, other than such Participant's
   350      Contributor Version, directly or indirectly infringes any patent, then
   351      any rights granted to You by such Participant under Sections 2.1(b)
   352      and 2.2(b) are revoked effective as of the date You first made, used,
   353      sold, distributed, or had made, Modifications made by that
   354      Participant.
   355 
   356      8.3.  If You assert a patent infringement claim against Participant
   357      alleging that such Participant's Contributor Version directly or
   358      indirectly infringes any patent where such claim is resolved (such as
   359      by license or settlement) prior to the initiation of patent
   360      infringement litigation, then the reasonable value of the licenses
   361      granted by such Participant under Sections 2.1 or 2.2 shall be taken
   362      into account in determining the amount or value of any payment or
   363      license.
   364 
   365      8.4.  In the event of termination under Sections 8.1 or 8.2 above,
   366      all end user license agreements (excluding distributors and resellers)
   367      which have been validly granted by You or any distributor hereunder
   368      prior to termination shall survive termination.
   369 
   370 9. LIMITATION OF LIABILITY.
   371 
   372      UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
   373      (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
   374      DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
   375      OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
   376      ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
   377      CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
   378      WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
   379      COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
   380      INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
   381      LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
   382      RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
   383      PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
   384      EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
   385      THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
   386 
   387 10. U.S. GOVERNMENT END USERS.
   388 
   389      The Covered Code is a "commercial item," as that term is defined in
   390      48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
   391      software" and "commercial computer software documentation," as such
   392      terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
   393      C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
   394      all U.S. Government End Users acquire Covered Code with only those
   395      rights set forth herein.
   396 
   397 11. MISCELLANEOUS.
   398 
   399      This License represents the complete agreement concerning subject
   400      matter hereof. If any provision of this License is held to be
   401      unenforceable, such provision shall be reformed only to the extent
   402      necessary to make it enforceable. This License shall be governed by
   403      California law provisions (except to the extent applicable law, if
   404      any, provides otherwise), excluding its conflict-of-law provisions.
   405      With respect to disputes in which at least one party is a citizen of,
   406      or an entity chartered or registered to do business in the United
   407      States of America, any litigation relating to this License shall be
   408      subject to the jurisdiction of the Federal Courts of the Northern
   409      District of California, with venue lying in Santa Clara County,
   410      California, with the losing party responsible for costs, including
   411      without limitation, court costs and reasonable attorneys' fees and
   412      expenses. The application of the United Nations Convention on
   413      Contracts for the International Sale of Goods is expressly excluded.
   414      Any law or regulation which provides that the language of a contract
   415      shall be construed against the drafter shall not apply to this
   416      License.
   417 
   418 12. RESPONSIBILITY FOR CLAIMS.
   419 
   420      As between Initial Developer and the Contributors, each party is
   421      responsible for claims and damages arising, directly or indirectly,
   422      out of its utilization of rights under this License and You agree to
   423      work with Initial Developer and Contributors to distribute such
   424      responsibility on an equitable basis. Nothing herein is intended or
   425      shall be deemed to constitute any admission of liability.
   426 
   427 13. MULTIPLE-LICENSED CODE.
   428 
   429      Initial Developer may designate portions of the Covered Code as
   430      "Multiple-Licensed".  "Multiple-Licensed" means that the Initial
   431      Developer permits you to utilize portions of the Covered Code under
   432      Your choice of the NPL or the alternative licenses, if any, specified
   433      by the Initial Developer in the file described in Exhibit A.
   434 
   435 EXHIBIT A -Mozilla Public License.
   436 
   437      ``The contents of this file are subject to the Mozilla Public License
   438      Version 1.1 (the "License"); you may not use this file except in
   439      compliance with the License. You may obtain a copy of the License at
   440      http://www.mozilla.org/MPL/
   441 
   442      Software distributed under the License is distributed on an "AS IS"
   443      basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
   444      License for the specific language governing rights and limitations
   445      under the License.
   446 
   447      The Original Code is ______________________________________.
   448 
   449      The Initial Developer of the Original Code is ________________________.
   450      Portions created by ______________________ are Copyright (C) ______
   451      _______________________. All Rights Reserved.
   452 
   453      Contributor(s): ______________________________________.
   454 
   455      Alternatively, the contents of this file may be used under the terms
   456      of the _____ license (the  "[___] License"), in which case the
   457      provisions of [______] License are applicable instead of those
   458      above.  If you wish to allow use of your version of this file only
   459      under the terms of the [____] License and not to allow others to use
   460      your version of this file under the MPL, indicate your decision by
   461      deleting  the provisions above and replace  them with the notice and
   462      other provisions required by the [___] License.  If you do not delete
   463      the provisions above, a recipient may use your version of this file
   464      under either the MPL or the [___] License."
   465 
   466      [NOTE: The text of this Exhibit A may differ slightly from the text of
   467      the notices in the Source Code files of the Original Code. You should
   468      use the text of this Exhibit A rather than the text found in the
   469      Original Code Source Code for Your Modifications.]
   470