Further to the instructions on the OSI web page, we at SRI would like to
submit two software licenses for consideration as branded Open Source
licenses. These are
1. The GeoVRML 1.0 license - produced to cover the source distribution
of the GeoVRML effort. This provides an extension to the ISO Virtual
Reality Modeling Language (VRML97) for supporting geographic
applications. The license can be found on the web at:
http://www.geovrml.org/1.0/license/
2. The tsmApi 1.0 license - produced to cover the source distribution
of SRI's Tile Set Manager API. This API provides routines for reading,
creating, and querying large multi-resolution terrain datasets over
the web. The license can be found on the web at:
http://www.tvgeo.com/tsmApi/license/v1.0/
Both of these licenses are based largely upon the Mozilla Public License
version 1.0, which is of course already an OSI branded license. The main
differences beyond some minor syntactic and structural changes are mostly a
tightening of the IP issues to provide greater protection, e.g.
- Use "Distributor" in place of Mozilla's "Contributor", so that
anybody who distributes under this license will be covered.
- Changed the definition of Modification, using the established legal
concept of "derivative work", and also providing an exception for
pure library-style use.
- A Distributor Registration clause has been added so that we can keep
track of modifications and have more opportunity to merge these into
the mainline.
- An Attribution clause to require notice of use of the library in any
documentation for a Larger Work
- For the tsmApi library only, we have added a clause excluding from the
license any "developer-level exposed API" that is incompatible with our
Documented API. This was done so that the API is respected in any
modifications.
We are happy to have these two licenses reviewed by the license-discuss list
and to have our identification posted (SRI International). I have attached
ASCII versions of both license to this message for your convenience.
Many thanks,
Martin.
---------------------------------------------------------------------------
Martin Reddy SRI International, AI Center
Menlo Park, CA 94025-3493
[EMAIL PROTECTED] Tel : (650) 859-6468
http://www.ai.sri.com/~reddy Fax : (650) 859-3735
GeoVRML Public License
Version 1.0
----------------
1. DEFINITIONS.
1.1. "API" means application programming interface.
1.2. "Community" means the Initial Developer and each and every one of
You.
1.3. "Contributor" means each individual or legal entity that creates
or contributes to the creation of Modifications.
1.4. "Contributor Code" means, collectively, (a) the Original Code, (b)
the Modifications created by that particular Contributor, and (c) all
Covered Code used by the Contributor in creating such Modifications.
1.5. "Covered Code" means any copy of the Original Code and/or
Modifications as to which You are exercising any rights under this
License.
1.6. "Distribute" means to sell or to otherwise transfer, whether
directly or indirectly.
1.7. "Distributor" means each individual or legal entity exercising a
right to Distribute Covered Code under this License or a future version
of this License issued under Section 4.1.
1.8. "Distributor Code" means, collectively, (a) the Original Code and
(b) the Covered Code Distributed by that particular Distributor.
1.9. "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic
transfer of data.
1.10. "Executable" means Covered Code in any form other than Source
Code.
1.11. "Initial Developer" means SRI International, having offices in
Menlo Park, CA.
1.12. "Larger Work" means a work which combines Covered Code with other
code that is not Original Code or a Modification. Such other code in
the Larger Work is not governed by this License, but all Covered Code
in the Larger Work remains fully subject to all terms and conditions of
this License.
1.13. "License" means this document.
1.14. "Modifications" means any derivative work of either the Original
Code or any previous Modifications. Including Covered Code header files
or calls to Covered Code library functions in an application program
shall not in and of itself cause that application program to be deemed
a Modification, provided that the Covered Code so included shall in any
case remain subject to the terms of this License.
1.15. "Original Code" means the source code for the GeoVRML library and
the various libraries that it depends upon, as made available for
download by SRI International from http://www.geovrml.org/1.0/ as of
January, 2000.
1.16. "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 a list of 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.
1.17. "You" means an individual or a legal entity exercising rights
under this License or a future version of this License issued under
Section 6.1. 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 (a) the power, direct or
indirect, to cause the direction or management of such entity, whether
by contract or otherwise, or (b) ownership of fifty percent (50%) or
more of the outstanding shares or beneficial ownership of such entity.
2. SOURCE CODE LICENSE.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants the Community the following
worldwide, royalty-free, non-exclusive license rights, subject to the
terms and conditions of this License (including without limitation the
Contributor and Distributor grants set forth in Section 2 and the
Distribution Obligations set forth in Section 3):
(a) a copyright license to use, reproduce, modify, display,
perform, and Distribute the Original Code; and
(b) a patent license to make, have made, use, and Distribute
("Utilize") Covered Code, under patents now or hereafter owned or
controlled by Initial Developer but solely as to those patent
claims which are reasonably necessary to Utilize the Original Code
without further Modifications or combinations.
2.2. Contributor Grant.
If You are a Contributor, You hereby grant the Community the following
worldwide, royalty-free, non-exclusive license rights, subject to the
terms and conditions of this License:
(a) a copyright license to use, reproduce, modify, display,
perform, and Distribute the Contributor Code; and
(b) a patent license to Utilize Covered Code, under patents now or
hereafter owned or controlled by Contributor but solely as to
those patent claims which are reasonably necessary to Utilize the
Contributor Code without further Modifications or combinations.
2.3. Distributor Grant.
If You are a Distributor, You hereby grant the Community the following
worldwide, royalty-free, non-exclusive license rights, subject to the
terms and conditions of this License:
(a) a copyright license to use, reproduce, modify, display,
perform, and Distribute the Distributor Code; and
(b) a patent license to Utilize Covered Code, under patents now or
hereafter owned or controlled by Distributor but solely as to
those patent claims which are reasonably necessary to Utilize the
Distributor Code without further Modifications or combinations.
2.4. Sublicenses.
The license rights that are granted under this Section 2 may be
sublicensed only by Distributing Source Code in compliance with all
applicable terms and conditions of this License. No other sublicensing
of intellectual property rights granted under this License is
permitted.
3. DISTRIBUTION OBLIGATIONS.
3.1. Distribution of Source Code.
3.1.1. Only Under the Terms of this License. You may only
Distribute Source Code subject to the terms of this License or a
future version of this License released under Section 4.1. You
must include a copy of this License with every copy of the Source
Code that You Distribute. You must include a copy of the notice in
Exhibit A in each file of the Source Code, and a copy of this
License in documentation for the Source Code, including all
documentation where You describe recipients' rights relating to
Covered 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
file) where a user would be likely to look for such a notice.
3.1.2. Additional Terms for Recipients. If You Distribute Source
Code, You may not offer or impose any terms that alter or restrict
the applicable version of this License or the recipients' rights
hereunder. However, if You so choose You may include an additional
document offering (for fee, or otherwise) warranty, support,
indemnity or liability obligations to one or more recipients of
Covered Code that You Distribute. However, You may do so only on
Your own behalf, and not on behalf of the Initial Developer or any
contributor or other Distributor. 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.
3.1.3. Description of Modifications. If You are a Contributor, You
must cause the Source Code for all Modifications to which you
contribute to contain a file documenting any changes You made to
create that Modification, and the date of such changes.
3.2. Distribution of Executable Versions.
3.2.1. Required Availability of Source Code. If You Distribute an
Executable version of a Modification, and You contributed to or
have access to the Source Code for such Modification, you must
ensure that the Source Code is available to all recipients of the
Executable, under the terms of this License and at no additional
cost. The Source Code must be made available either on the same
media as the Executable version or via an accepted Electronic
Distribution Mechanism; and if made available via Electronic
Distribution Mechanism, the Source Code 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 a third party maintains the
Electronic Distribution Mechanism. You must include a notice with
the Executable that You Distribute, stating that the corresponding
Source Code is available under the terms of this License, and
including a description of how and where the applicable
obligations of this section have been fulfilled. The notice must
be conspicuously included in any notice provided with the
Executable or in related documentation or collateral in which You
describe recipients' rights.
3.2.2. Recipient Terms. If You Distribute an Executable to
recipients, You must include a warranty disclaimer and a
limitation of liability provision on behalf of the Initial
Developer and every contributor, equivalent to the provisions
provided in Sections 5 and 6 below. You may offer additional
license terms of Your own choice to recipients, provided that Your
license: (a) makes absolutely clear than any such terms are
offered by You alone and not on behalf of the Initial Developer or
any other third party, (b) does not attempt to limit or alter the
recipients' rights in the Source Code version from the rights set
forth in this License and (c) does not attempt or purport to
sublicense to recipients any intellectual property rights granted
to You under this License. You hereby agree to indemnify the
Initial Developer and every contributor for any and all liability
or damages they may incur if caused by Your violation of this
Section.
3.3. Third Party Intellectual Property Claims
If You Distribute any Covered Code, and You have knowledge that a party
claims an intellectual property right affecting its utilization under
this License, you must include a text file with any Covered Code You
Distribute titled "LEGAL" which 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 begin Distributing
Covered Code, You shall promptly modify the LEGAL file in all copies of
Covered Code 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 Covered Code that new
knowledge has been obtained. If You are a Contributor and Your
Modification is an API and You own or control patents that are
reasonably necessary to implement that API, you must also include this
information in the LEGAL file.
3.4. Use of Name; Attribution.
If You Distribute any software containing Covered Code, You must
include a prominent statement referencing http://www.geovrml.org/1.0/
and stating that Your software includes software under license from SRI
International that is derived from the GeoVRML library developed by
SRI. This statement must be included in: (a) any Source Code You
Distribute, and (b) in any notice in an Executable version or related
documentation You Distribute in which You describe the origin or
ownership of your software. Except as expressly authorized by this
License, no right is granted to use the name of SRI in any advertising,
news release, other publication, or product documentation, without the
prior express written consent of SRI.
3.5. Distributor Registration.
If You Distribute any Covered Code under this License, You must first
register by sending email to the Initial Developer addressed to
[EMAIL PROTECTED], including a statement confirming that you accept
the terms and conditions of this License, and including a copy of, or
pointer (URL) to, the Covered Code you are planning to distribute.
4. VERSIONS OF THE LICENSE.
4.1. New Versions.
The Initial Developer may publish revised and/or new versions of the
License from time to time. Each version will be given a distinguishing
version number.
4.2. 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 the Initial
Developer. No one other than the Initial Developer has the right to
modify the terms applicable to Covered Code created under this License.
5. DISCLAIMER OF WARRANTY.
COVERED CODE 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 CODE 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 CODE
IS WITH YOU. SHOULD ANY COVERED CODE 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 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
6. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER
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 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 THAT
EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
7. RESPONSIBILITY FOR CLAIMS.
You are responsible for damages arising, directly or indirectly, out of
Your exercise of rights under this License, based on the number of
copies of Covered Code you made available, the revenues you received
from utilizing such rights, and other relevant factors. You agree to
work with affected parties to distribute responsibility on an equitable
basis.
8. U.S. GOVERNMENT END USERS.
The Covered Code 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 Covered Code with only those rights set
forth herein.
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
California law provisions (except to the extent applicable law, if any,
provides otherwise), excluding its conflict-of-law provisions. With
respect to disputes in which at least one party is a citizen of, or an
entity chartered or registered to do business in, the United States of
America any litigation relating to this Agreement shall be subject to
personal jurisdiction and venue in the Federal Courts of the Northern
District of California, and in the California state courts of San Mateo
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.
Any law or regulation which provides that the language of a contract
shall be construed against the drafter shall not apply to this License.
EXHIBIT A.
"The contents of this file are subject to GeoVRML Public License
Version 1.0 (the "License"); you may not use this file except in
compliance with the License. You may obtain a copy of the License at
http://www.geovrml.org/1.0/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.
Portions are Copyright (c) SRI International, 2000."
tsmApi Public License
Version 1.0
----------------
1. DEFINITIONS.
1.1. "API" means application programming interface.
1.2. "Community" means the Initial Developer and each and every one of
You.
1.3. "Contributor" means each individual or legal entity that creates
or contributes to the creation of Modifications.
1.4. "Contributor Code" means, collectively, (a) the Original Code, (b)
the Modifications created by that particular Contributor, and (c) all
Covered Code used by the Contributor in creating such Modifications.
1.5. "Covered Code" means any copy of the Original Code and/or
Modifications as to which You are exercising any rights under this
License.
1.6. "Distribute" means to sell or to otherwise transfer, whether
directly or indirectly.
1.7. "Distributor" means each individual or legal entity exercising a
right to Distribute Covered Code under this License or a future version
of this License issued under Section 4.1.
1.8. "Distributor Code" means, collectively, (a) the Original Code and
(b) the Covered Code Distributed by that particular Distributor.
1.9. "Documented API" means the API functional specification created by
the Initial Developer for tsmApi, set forth at
http://www.ai.sri.com/tsmApi/api.html as of November, 1998.
1.10. "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic
transfer of data.
1.11. "Executable" means Covered Code in any form other than Source
Code.
1.12. "Incompatible API" means a callable, exposed version of the
Documented API that does not support each and every call included in
the Documented API in a manner consistent with the semantics and syntax
specified for those calls.
1.13. "Initial Developer" means SRI International, having offices in
Menlo Park, CA.
1.14. "Larger Work" means a work which combines Covered Code with other
code that is not Original Code or a Modification. Such other code in
the Larger Work is not governed by this License, but all Covered Code
in the Larger Work remains fully subject to all terms and conditions of
this License.
1.15. "License" means this document.
1.16. "Modifications" means any derivative work of either the Original
Code or any previous Modifications. Including Covered Code header files
or calls to Covered Code library functions in an application program
shall not in and of itself cause that application program to be deemed
a Modification, provided that the Covered Code so included shall in any
case remain subject to the terms of this License.
1.17. "Original Code" means the source code for the tsmApi library and
the various libraries that it depends upon, as made available for
download by SRI International from
http://www.ai.sri.com/tsmApi/download.shtml as of November, 1998.
1.18. "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 a list of 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.
1.19. "You" means an individual or a legal entity exercising rights
under this License or a future version of this License issued under
Section 6.1. 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 (a) the power, direct or
indirect, to cause the direction or management of such entity, whether
by contract or otherwise, or (b) ownership of fifty percent (50%) or
more of the outstanding shares or beneficial ownership of such entity.
2. SOURCE CODE LICENSE.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants the Community the following
worldwide, royalty-free, non-exclusive license rights, subject to the
terms and conditions of this License (including without limitation the
Contributor and Distributor grants set forth in Section 2 and the
Distribution Obligations set forth in Section 3):
(a) a copyright license to use, reproduce, modify, display,
perform, and Distribute the Original Code; and
(b) a patent license to make, have made, use, and Distribute
("Utilize") Covered Code, under patents now or hereafter owned or
controlled by Initial Developer but solely as to those patent
claims which are reasonably necessary to Utilize the Original Code
without further Modifications or combinations.
API Compatibility Requirement: Notwithstanding the above, Section 2.1
does not convey any right to Distribute a Modification that constitutes
an Incompatible API.
2.2. Contributor Grant.
If You are a Contributor, You hereby grant the Community the following
worldwide, royalty-free, non-exclusive license rights, subject to the
terms and conditions of this License:
(a) a copyright license to use, reproduce, modify, display,
perform, and Distribute the Contributor Code; and
(b) a patent license to Utilize Covered Code, under patents now or
hereafter owned or controlled by Contributor but solely as to
those patent claims which are reasonably necessary to Utilize the
Contributor Code without further Modifications or combinations.
2.3. Distributor Grant.
If You are a Distributor, You hereby grant the Community the following
worldwide, royalty-free, non-exclusive license rights, subject to the
terms and conditions of this License:
(a) a copyright license to use, reproduce, modify, display,
perform, and Distribute the Distributor Code; and
(b) a patent license to Utilize Covered Code, under patents now or
hereafter owned or controlled by Distributor but solely as to
those patent claims which are reasonably necessary to Utilize the
Distributor Code without further Modifications or combinations.
2.4. Sublicenses.
The license rights that are granted under this Section 2 may be
sublicensed only by Distributing Source Code in compliance with all
applicable terms and conditions of this License. No other sublicensing
of intellectual property rights granted under this License is
permitted.
3. DISTRIBUTION OBLIGATIONS.
3.1. Distribution of Source Code.
3.1.1. Only Under the Terms of this License. You may only
Distribute Source Code subject to the terms of this License or a
future version of this License released under Section 4.1. You
must include a copy of this License with every copy of the Source
Code that You Distribute. You must include a copy of the notice in
Exhibit A in each file of the Source Code, and a copy of this
License in documentation for the Source Code, including all
documentation where You describe recipients' rights relating to
Covered 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
file) where a user would be likely to look for such a notice.
3.1.2. Additional Terms for Recipients. If You Distribute Source
Code, You may not offer or impose any terms that alter or restrict
the applicable version of this License or the recipients' rights
hereunder. However, if You so choose You may include an additional
document offering (for fee, or otherwise) warranty, support,
indemnity or liability obligations to one or more recipients of
Covered Code that You Distribute. However, You may do so only on
Your own behalf, and not on behalf of the Initial Developer or any
contributor or other Distributor. 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.
3.1.3. Description of Modifications. If You are a Contributor, You
must cause the Source Code for all Modifications to which you
contribute to contain a file documenting any changes You made to
create that Modification, and the date of such changes.
3.2. Distribution of Executable Versions.
3.2.1. Required Availability of Source Code. If You Distribute an
Executable version of a Modification, and You contributed to or
have access to the Source Code for such Modification, you must
ensure that the Source Code is available to all recipients of the
Executable, under the terms of this License and at no additional
cost. The Source Code must be made available either on the same
media as the Executable version or via an accepted Electronic
Distribution Mechanism; and if made available via Electronic
Distribution Mechanism, the Source Code 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 a third party maintains the
Electronic Distribution Mechanism. You must include a notice with
the Executable that You Distribute, stating that the corresponding
Source Code is available under the terms of this License, and
including a description of how and where the applicable
obligations of this section have been fulfilled. The notice must
be conspicuously included in any notice provided with the
Executable or in related documentation or collateral in which You
describe recipients' rights.
3.2.2. Recipient Terms. If You Distribute an Executable to
recipients, You must include a warranty disclaimer and a
limitation of liability provision on behalf of the Initial
Developer and every contributor, equivalent to the provisions
provided in Sections 5 and 6 below. You may offer additional
license terms of Your own choice to recipients, provided that Your
license: (a) makes absolutely clear than any such terms are
offered by You alone and not on behalf of the Initial Developer or
any other third party, (b) does not attempt to limit or alter the
recipients' rights in the Source Code version from the rights set
forth in this License and (c) does not attempt or purport to
sublicense to recipients any intellectual property rights granted
to You under this License. You hereby agree to indemnify the
Initial Developer and every contributor for any and all liability
or damages they may incur if caused by Your violation of this
Section.
3.3. Third Party Intellectual Property Claims
If You Distribute any Covered Code, and You have knowledge that a party
claims an intellectual property right affecting its utilization under
this License, you must include a text file with any Covered Code You
Distribute titled "LEGAL" which 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 begin Distributing
Covered Code, You shall promptly modify the LEGAL file in all copies of
Covered Code 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 Covered Code that new
knowledge has been obtained. If You are a Contributor and Your
Modification is an API and You own or control patents that are
reasonably necessary to implement that API, you must also include this
information in the LEGAL file.
3.4. Use of Name; Attribution.
If You Distribute any software containing Covered Code, You must
include a prominent statement referencing http://www.ai.sri.com/tsmApi
and stating that Your software includes software under license from SRI
International that is derived from the tsmApi (Tile Set Manager)
library developed by SRI. This statement must be included in: (a) any
Source Code You Distribute, and (b) in any notice in an Executable
version or related documentation You Distribute in which You describe
the origin or ownership of your software. Except as expressly
authorized by this License, no right is granted to use the name of SRI
in any advertising, news release, other publication, or product
documentation, without the prior express written consent of SRI.
3.5. Distributor Registration.
If You Distribute any Covered Code under this License, You must first
register by sending email to the Initial Developer addressed to
[EMAIL PROTECTED], including a statement confirming that you accept
the terms and conditions of this License, and including a copy of, or
pointer (URL) to, the Covered Code you are planning to distribute.
4. VERSIONS OF THE LICENSE.
4.1. New Versions.
The Initial Developer may publish revised and/or new versions of the
License from time to time. Each version will be given a distinguishing
version number.
4.2. 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 the Initial
Developer. No one other than the Initial Developer has the right to
modify the terms applicable to Covered Code created under this License.
5. DISCLAIMER OF WARRANTY.
COVERED CODE 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 CODE 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 CODE
IS WITH YOU. SHOULD ANY COVERED CODE 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 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
6. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER
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 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 THAT
EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
7. RESPONSIBILITY FOR CLAIMS.
You are responsible for damages arising, directly or indirectly, out of
Your exercise of rights under this License, based on the number of
copies of Covered Code you made available, the revenues you received
from utilizing such rights, and other relevant factors. You agree to
work with affected parties to distribute responsibility on an equitable
basis.
8. U.S. GOVERNMENT END USERS.
The Covered Code 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 Covered Code with only those rights set
forth herein.
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
California law provisions (except to the extent applicable law, if any,
provides otherwise), excluding its conflict-of-law provisions. With
respect to disputes in which at least one party is a citizen of, or an
entity chartered or registered to do business in, the United States of
America any litigation relating to this Agreement shall be subject to
personal jurisdiction and venue in the Federal Courts of the Northern
District of California, and in the California state courts of San Mateo
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.
Any law or regulation which provides that the language of a contract
shall be construed against the drafter shall not apply to this License.
EXHIBIT A.
"The contents of this file are subject to tsmApi Public License Version
1.0 (the "License"); you may not use this file except in compliance
with the License. You may obtain a copy of the License at
http://www.ai.sri.com/tsmApi/license/v1.0/.
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.
Portions are Copyright (c) SRI International, 1998."
