| r#"======================================================= |
| Transitive Grace Period Public Licence ("TGPPL") v. 1.0 |
| ======================================================= |
| |
| This Transitive Grace Period Public Licence (the "License") applies to any |
| original work of authorship (the "Original Work") whose owner (the |
| "Licensor") has placed the following licensing notice adjacent to the |
| copyright notice for the Original Work: |
| |
| *Licensed under the Transitive Grace Period Public Licence version 1.0* |
| |
| 1. **Grant of Copyright License.** Licensor grants You a worldwide, |
| royalty-free, non-exclusive, sublicensable license, for the duration of |
| the copyright, to do the following: |
| |
| a. to reproduce the Original Work in copies, either alone or as part of a |
| collective work; |
| |
| b. to translate, adapt, alter, transform, modify, or arrange the Original |
| Work, thereby creating derivative works ("Derivative Works") based upon |
| the Original Work; |
| |
| c. to distribute or communicate copies of the Original Work and Derivative |
| Works to the public, with the proviso that copies of Original Work or |
| Derivative Works that You distribute or communicate shall be licensed |
| under this Transitive Grace Period Public Licence no later than 12 |
| months after You distributed or communicated said copies; |
| |
| d. to perform the Original Work publicly; and |
| |
| e. to display the Original Work publicly. |
| |
| 2. **Grant of Patent License.** Licensor grants You a worldwide, |
| royalty-free, non-exclusive, sublicensable license, under patent claims |
| owned or controlled by the Licensor that are embodied in the Original |
| Work as furnished by the Licensor, for the duration of the patents, to |
| make, use, sell, offer for sale, have made, and import the Original Work |
| and Derivative Works. |
| |
| 3. **Grant of Source Code License.** The term "Source Code" means the |
| preferred form of the Original Work for making modifications to it and |
| all available documentation describing how to modify the Original |
| Work. Licensor agrees to provide a machine-readable copy of the Source |
| Code of the Original Work along with each copy of the Original Work that |
| Licensor distributes. Licensor reserves the right to satisfy this |
| obligation by placing a machine-readable copy of the Source Code in an |
| information repository reasonably calculated to permit inexpensive and |
| convenient access by You for as long as Licensor continues to distribute |
| the Original Work. |
| |
| 4. **Exclusions From License Grant.** Neither the names of Licensor, nor the |
| names of any contributors to the Original Work, nor any of their |
| trademarks or service marks, may be used to endorse or promote products |
| derived from this Original Work without express prior permission of the |
| Licensor. Except as expressly stated herein, nothing in this License |
| grants any license to Licensor's trademarks, copyrights, patents, trade |
| secrets or any other intellectual property. No patent license is granted |
| to make, use, sell, offer for sale, have made, or import embodiments of |
| any patent claims other than the licensed claims defined in Section 2. No |
| license is granted to the trademarks of Licensor even if such marks are |
| included in the Original Work. Nothing in this License shall be |
| interpreted to prohibit Licensor from licensing under terms different |
| from this License any Original Work that Licensor otherwise would have a |
| right to license. |
| |
| 5. **External Deployment.** The term "External Deployment" means the use, |
| distribution, or communication of the Original Work or Derivative Works |
| in any way such that the Original Work or Derivative Works may be used by |
| anyone other than You, whether those works are distributed or |
| communicated to those persons or made available as an application |
| intended for use over a network. As an express condition for the grants |
| of license hereunder, You must treat any External Deployment by You of |
| the Original Work or a Derivative Work as a distribution under section |
| 1(c). |
| |
| 6. **Attribution Rights.** You must retain, in the Source Code of any |
| Derivative Works that You create, all copyright, patent, or trademark |
| notices from the Source Code of the Original Work, as well as any notices |
| of licensing and any descriptive text identified therein as an |
| "Attribution Notice." You must cause the Source Code for any Derivative |
| Works that You create to carry a prominent Attribution Notice reasonably |
| calculated to inform recipients that You have modified the Original Work. |
| |
| 7. **Warranty of Provenance and Disclaimer of Warranty.** Licensor warrants |
| that the copyright in and to the Original Work and the patent rights |
| granted herein by Licensor are owned by the Licensor or are sublicensed |
| to You under the terms of this License with the permission of the |
| contributor(s) of those copyrights and patent rights. Except as expressly |
| stated in the immediately preceding sentence, the Original Work is |
| provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, |
| either express or implied, including, without limitation, the warranties |
| of non-infringement, merchantability or fitness for a particular |
| purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH |
| YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this |
| License. No license to the Original Work is granted by this License |
| except under this disclaimer. |
| |
| 8. **Limitation of Liability.** Under no circumstances and under no legal |
| theory, whether in tort (including negligence), contract, or otherwise, |
| shall the Licensor be liable to anyone for any indirect, special, |
| incidental, or consequential damages of any character arising as a result |
| of this License or the use of the Original Work including, without |
| limitation, damages for loss of goodwill, work stoppage, computer failure |
| or malfunction, or any and all other commercial damages or losses. This |
| limitation of liability shall not apply to the extent applicable law |
| prohibits such limitation. |
| |
| 9. **Acceptance and Termination.** If, at any time, You expressly assented |
| to this License, that assent indicates your clear and irrevocable |
| acceptance of this License and all of its terms and conditions. If You |
| distribute or communicate copies of the Original Work or a Derivative |
| Work, You must make a reasonable effort under the circumstances to obtain |
| the express assent of recipients to the terms of this License. This |
| License conditions your rights to undertake the activities listed in |
| Section 1, including your right to create Derivative Works based upon the |
| Original Work, and doing so without honoring these terms and conditions |
| is prohibited by copyright law and international treaty. Nothing in this |
| License is intended to affect copyright exceptions and limitations |
| (including 'fair use' or 'fair dealing'). This License shall terminate |
| immediately and You may no longer exercise any of the rights granted to |
| You by this License upon your failure to honor the conditions in Section |
| 1(c). |
| |
| 10. **Termination for Patent Action.** This License shall terminate |
| automatically and You may no longer exercise any of the rights granted to |
| You by this License as of the date You commence an action, including a |
| cross-claim or counterclaim, against Licensor or any licensee alleging |
| that the Original Work infringes a patent. This termination provision |
| shall not apply for an action alleging patent infringement by |
| combinations of the Original Work with other software or hardware. |
| |
| 11. **Jurisdiction, Venue and Governing Law.** Any action or suit relating to |
| this License may be brought only in the courts of a jurisdiction wherein |
| the Licensor resides or in which Licensor conducts its primary business, |
| and under the laws of that jurisdiction excluding its conflict-of-law |
| provisions. The application of the United Nations Convention on Contracts |
| for the International Sale of Goods is expressly excluded. Any use of the |
| Original Work outside the scope of this License or after its termination |
| shall be subject to the requirements and penalties of copyright or patent |
| law in the appropriate jurisdiction. This section shall survive the |
| termination of this License. |
| |
| 12. **Attorneys' Fees.** In any action to enforce the terms of this License |
| or seeking damages relating thereto, the prevailing party shall be |
| entitled to recover its costs and expenses, including, without |
| limitation, reasonable attorneys' fees and costs incurred in connection |
| with such action, including any appeal of such action. This section shall |
| survive the termination of this License. |
| |
| 13. **Miscellaneous.** 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. |
| |
| 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. 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. **Right to Use.** You may use the Original Work in all ways not otherwise |
| restricted or conditioned by this License or by law, and Licensor |
| promises not to interfere with or be responsible for such uses by You. |
| |
| 16. **Modification of This License.** This License is Copyright © 2007 Zooko |
| Wilcox-O'Hearn. Permission is granted to copy, distribute, or communicate |
| this License without modification. Nothing in this License permits You to |
| modify this License as applied to the Original Work or to Derivative |
| Works. However, You may modify the text of this License and copy, |
| distribute or communicate your modified version (the "Modified License") |
| and apply it to other original works of authorship subject to the |
| following conditions: (i) You may not indicate in any way that your |
| Modified License is the "Transitive Grace Period Public Licence" or |
| "TGPPL" and you may not use those names in the name of your Modified |
| License; and (ii) You must replace the notice specified in the first |
| paragraph above with the notice "Licensed under <insert your license name |
| here>" or with a notice of your own that is not confusingly similar to |
| the notice in this License. |
| "# |