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COSYRA PUBLIC LICENSE (COPL) Version 0.1
This License shall apply to any software distributed under the Cosyra Public License ("COPL");
1. DEFINITIONS.
1.1. "Contributor" means each individual or entity that creates or contributes to the creation
of Modifications.
1.2. "Contributor Version" means the combination of the Original Software, prior
Modifications used by a Contributor (if any), and the Modifications made by that
particular Contributor.
1.3. "Covered Software" means (a) the Original Software, or (b) Modifications, or (c) the
combination of files containing Original Software with files containing Modifications, in
each case including portions thereof.
1.4. "Executable" means the Covered Software in any form other than Source Code.
1.5 "Future Versions" means future versions of the Original Software and any
Modifications thereto used, reproduced, modified, displayed, performed, sublicensed,
distributed or otherwise made available by the Initial Developer under the terms of this
License or otherwise.
1.6. "Initial Developer" means the individual or entity that first makes Original Software
available under this License.
1.7. "Larger Work" means a work which combines Covered Software or portions thereof
with Other Software, but only to the extent that such combination wholly consists of mere
aggregation of the Covered Software and the Other Software, which shall exclude,
without limitation, Other Software which, in order to be transformed from Source Code
form to Executable form, requires use of the Covered Software in any form.
1.8. "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. "License" means this document
1.10. "Licensed Modification" means Modifications that You contribute, distribute, or
otherwise make available whether in Source Code form or in Executable form.
1.11. "Modifications" means the Source Code and Executable form of any of the following:
A. Any file that results from an addition to, deletion from or modification of the
contents of a file containing Original Software or prior Modifications;
B. Any new file that contains any part of the Original Software or prior Modification;
C. Any new file that is contributed or otherwise made available under the terms of
this License;
D. Any new file distributed or otherwise made available with the Original Software or
prior Modifications that, in order to be converted into Executable form, requires
access to the Original Code or prior Modifications including without limitation,
access to interface definition files such as "header files";
E. Any file which is otherwise, in whole or in part, derived from the Original
Software or prior Modifications, or part thereof.
1.12. "Original Software" means the Source Code and Executable form of computer software
code that is originally released under this License.
1.13. "Other Software" means computer software (whether in Source code or Executable
form) which is not governed by the terms of this Licence.
1.14. "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.
1.15. "Source Code" means (a) the common form of computer software code in which
modifications are made and (b) associated documentation included in or with such code.
1.16. "You" (or "Your") means an individual or a legal entity exercising rights under, and
complying with all of the terms of, this License. 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. LICENSE GRANTS.
2.1. The Initial Developer Grant.
Conditioned upon Your compliance with Section 3 below and subject to third party intellectual
property claims, the Initial Developer hereby grants You a world-wide, royalty-free, nonexclusive
license:
(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 Software (or portions thereof), with or without Modifications, and/or as part of a
Larger Work; and
(b) under Patent Claims infringed by the making, using or selling of Original Software, to
make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the
Original Software (or portions thereof).
(c) The licenses granted in Sections 2.1(a) and (b) are effective on the date Initial Developer
first distributes or otherwise makes the Original Software available to a third party 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 Software, or (2) for infringements caused by: (i) the modification
of the Original Software, or (ii) the combination of the Original Software with other
software or devices.
2.2. Contributor Grant.
Conditioned upon Your compliance with Section 3 below and 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 Software 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 distributes or otherwise makes the Modifications available to a third party.
(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) 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 (3) under Patent Claims infringed by Covered Software in the absence
of Modifications made by that Contributor.
3. DISTRIBUTION OBLIGATIONS.
3.1. Availability of Source Code.
Any Covered Software that You distribute or otherwise make available in Executable form must
also be made available in Source Code form and that Source Code form must be distributed only
under the terms of this License. You must include a copy of this License with every copy of the
Source Code form of the Covered Software You distribute or otherwise make available. You
must inform recipients of any such Covered Software in Executable form as to how they can
obtain such Covered Software in Source Code form in a reasonable manner on or through a
medium customarily used for software exchange.
3.2. Modifications.
The Modifications that You create or to which You contribute are governed by the terms of this
License. You represent that You believe Your Modifications are Your original creation(s) and/or
You have sufficient rights to grant the rights conveyed by this License.
3.3. Additional License of Modifications to Initial Developer.
To the fullest extent permitted by law, in addition to the license granted under clause 2, You
hereby grant a perpetual, irrevocable, world-wide royalty-free, sub-licensable, non-exclusive
license to the Licensed Modifications to the Initial Developer in respect of Future Versions:
(a) under intellectual property rights (other than patent or trademark) Licensable by You to
use, reproduce, modify, display, perform, sublicense, and distribute the Licensed
Modifications (or portions thereof); and
(b) under Patent Claims infringed by the making, using, or selling of Licensed Modifications
either alone and/or in combination with the Original Software and prior Modifications
used by You (or portions of such combination), to make, use, sell, offer for sale, have
made, and/or otherwise dispose of: (1) the Licensed Modifications (or portions thereof);
and (2) the combination of the Licensed Modifications, the Original Software and prior
Modifications used by You (or portions of such combination)
BUT SUCH GRANT SHALL BE AND SHALL REMAIN CONDITIONAL UPON the Initial
Developer procuring that in respect of each Future Version:
(i) all Licensed Modifications incorporated in that Future Version; and
(ii) either that Future Version or another Future Version incorporating the same Licensed
Modifications (possibly together with other Modifications)
are made and remain generally available to the public at large under the terms of this License or
a subsequent version of this License released under Section 4.1, with the Initial Developer
identified as such therein, in addition to under any other license(s) of the Initial Developer if
any. Such license shall be effective on the date that You first distributed such Modifications and
shall apply to the Modifications both in the form contributed, distributed or otherwise made
available and in Source Code form. If You do not make all of your Licensed Modifications
irrevocably generally available to the public at large, then, upon written request of the Initial
Developer, You must promptly provide, at the Initial Developer's cost, a copy of all Licensed
Modifications together with the date at which each grant thereto became effective. For the
avoidance of doubt, in the absence of such a request, You are not required under this Section to
notify the Initial Developer if you contribute, distribute, or otherwise make available
Modifications.
3.4. Required Notices.
You must include a notice in each of Your Modifications that identifies You as the Contributor
of the Modification. You may not remove or alter any copyright, patent or trademark notices
contained within the Covered Software, or any notices of licensing or any descriptive text giving
attribution to any Contributor or the Initial Developer.
3.5. Application of Additional Terms.
You may not offer or impose any terms on any Covered Software in Source Code form that
alters or restricts the applicable version of this License or the recipients' rights hereunder. You
may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations
to one or more recipients of Covered Software. 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 that 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 the Executable form of the Covered Software under the terms of this License
or under the terms of 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 form does not attempt to limit or alter the recipient's rights in the Source
Code form from the rights set forth in this License. If You distribute the Covered Software in
Executable form 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
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 Software 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 Software.
4. Versions of the License.
4.1. New Versions.
Maximilian Merkel is the initial license steward and may publish revised and/or
new versions of this License from time to time. Each version will be given a distinguishing
version number. Except as provided in Section 4.3, no one other than the license steward has the
right to modify this License.
4.2. Effect of New Versions.
You may always continue to use, distribute or otherwise make the Covered Software available
under the terms of the version of the License under which You originally received the Covered
Software. If the Initial Developer includes a notice in the Original Software prohibiting it from
being distributed or otherwise made available under any subsequent version of the License, You
must distribute and make the Covered Software available under the terms of the version of the
License under which You originally received the Covered Software. Otherwise, You may also
choose to use, distribute or otherwise make the Covered Software available under the terms of
any subsequent version of the License published by the license steward.
4.3. Modified Versions.
When You are an Initial Developer and You want to create a new license for Your Original
Software, You may create and use a modified version of this License if You: (a) rename the
license and remove any references to the name of the license steward (except to note that the
license differs from this License); and (b) otherwise make it clear that the license contains terms
which differ from this License.
5. DISCLAIMER OF WARRANTY.
TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE APPLICABLE
JURISDICTION, COVERED SOFTWARE 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
SOFTWARE 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 SOFTWARE IS WITH YOU. SHOULD ANY
COVERED SOFTWARE 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 SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER. IN SO FAR AS LIABILITY UNDER OR PURSUANT TO SUCH
LEGISLATION MAY NOT BE EXCLUDED, SUCH LIABILITY IS LIMITED AT THE
EXCLUSIVE OPTION OF THE INITIAL DEVELOPER OR CONTRIBUTOR, AS THE
CASE MAY BE, TO: (i) THE PROVISION OF ANOTHER COPY OF THE COVERED
SOFTWARE; OR (ii) THE PAYMENT OF THE COST OF OBTAINING ANOTHER COPY
OF THE COVERED SOFTWARE.
6. TERMINATION.
6.1. 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.
Provisions which, by their nature, must remain in effect beyond the termination of this License
shall survive.
6.2. If You assert a patent infringement claim (excluding declaratory judgment actions) against
Initial Developer or a Contributor (the Initial Developer or Contributor against whom You assert
such claim is referred to as "Participant") alleging that the Participant Software (meaning the
Contributor Version where the Participant is a Contributor or the Original Software where the
Participant is the Initial Developer) directly or indirectly infringes any patent, then any and all
rights granted directly or indirectly to You by such Participant, the Initial Developer (if the
Initial Developer is not the Participant) and all Contributors under Sections 2.1 and/or 2.2 of this
License shall, upon 60 days notice from Participant terminate prospectively and automatically at
the expiration of such 60 day notice period, unless if within such 60 day period You withdraw
Your claim with respect to the Participant Software against such Participant either unilaterally or
pursuant to a written agreement with Participant.
6.3. In the event of termination under Sections 6.1 or 6.2 above, all end user licenses that have been
validly granted by You or any distributor hereunder prior to termination (excluding licenses
granted to You by any distributor) shall survive termination.
7. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, 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 SOFTWARE, 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 LOST PROFITS,
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.
8. U.S. GOVERNMENT END USERS.
The Covered Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct.
1995), consisting of "commercial computer software" (as that term is defined at 48 C.F.R. §
252.227-7014(a)(1)) 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
Software with only those rights set forth herein. This U.S. Government Rights clause is in lieu
of, and supersedes, any other FAR, DFAR, or other clause or provision that addresses
Government rights in computer software under this License.
9. 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 the law of the
jurisdiction specified in a notice contained within the Original Software (except to the extent
applicable law, if any, provides otherwise), excluding such jurisdiction's conflict-of-law
provisions. Any litigation relating to this License shall be subject to the jurisdiction of the courts
located in the jurisdiction and venue specified in a notice contained within the Original
Software, 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. Any law or regulation
which provides that the language of a contract shall be construed against the drafter shall not
apply to this License. You agree that You alone are responsible for compliance with the United
States export administration regulations (and the export control laws and regulation of any other
countries) when You use, distribute or otherwise make available any Covered Software.
10. 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.
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