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This license is identical to the Mozilla Public License v1.1, except as noted in section 0.1.
THOR Public Licence (TPL)
0. Notes of Origin
0.1 As required by paragraph 6.3 of the "Mozilla Public Licence",
"MPL" in the following, it is hereby stated that this Licence
condition ("TPL") differs in the following items from the original
"Mozilla Public Licence" as provided by "Netscape Communications
Corporation":
a) Paragraphs 6.2 and 6.3 of the MPL has been modified to bind licence
modifications to the Author of this Licence, Thomas Richter.
b) Paragraph 11 has been modified to gover this Licence by German
law rather than Californian Law.
c) The licence has been renamed to "TPL" and "THOR Public
Licence". All references towards "MPL" have been removed except in
section 0 to indicate the difference from "MPL".
No other modifications have been made.
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the
Covered Code available to a third party.
1.1. "Contributor" means each entity that creates or contributes to
the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Code,
prior Modifications used by a Contributor, and the Modifications made
by that particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case
including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic
transfer of data.
1.5. "Executable" means Covered Code in any form other than Source
Code.
1.6. "Initial Developer" means the individual or entity identified as
the Initial Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work" means a work which combines Covered Code or
portions thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or
subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications" means any addition to or deletion from the
substance or structure of either the Original Code or any previous
Modifications. When Covered Code is released as a series of files, a
Modification is: A. Any addition to or deletion from the contents of a
file containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or
previous Modifications.
1.10. "Original Code" means Source Code of computer software code
which is described in the Source Code notice required by Exhibit A as
Original Code, and which, at the time of its release under this
License is not already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or
hereafter acquired, including without limitation, method, process, and
apparatus claims, in any patent Licensable by grantor.
1.11. "Source Code" means the preferred form of the Covered Code for
making modifications to it, including all modules it contains, plus
any associated interface definition files, scripts used to control
compilation and installation of an Executable, or source code
differential comparisons against either the Original Code or another
well known, available Covered Code of the Contributor's choice. The
Source Code can be in a compressed or archival form, provided the
appropriate decompression or de-archiving software is widely available
for no charge.
1.12. "You" (or "Your") means an individual or a legal entity
exercising rights under, and complying with all of the terms of, this
License or a future version of this License issued under Section
6.1. For legal entities, "You" includes any entity which controls, is
controlled by, or is under common control with You. For purposes of
this definition, "control" means (a) the power, direct or indirect, to
cause the direction or management of such entity, whether by contract
or otherwise, or (b) ownership of more than fifty percent (50%) of the
outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1. The Initial Developer Grant. The Initial Developer hereby grants
You a world-wide, royalty-free, non-exclusive license, subject to
third party intellectual property claims: (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 Code (or portions thereof) with or without
Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of
Original Code, to make, have made, use, practice, sell, and offer for
sale, and/or otherwise dispose of the Original Code (or portions
thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective
on the date Initial Developer first distributes Original Code 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 Code; 2)
separate from the Original Code; or 3) for infringements caused by: i)
the modification of the Original Code or ii) the combination of the
Original Code with other software or devices.
2.2. Contributor Grant. 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 Code 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 makes Commercial Use of the Covered
Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is
granted: 1) for any code that Contributor has deleted from the
Contributor Version; 2) separate from the Contributor Version; 3) for
infringements caused by: i) third party modifications of Contributor
Version or ii) the combination of Modifications made by that
Contributor with other software (except as part of the Contributor
Version) or other devices; or 4) under Patent Claims infringed by
Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Application of License. The Modifications which You create or to
which You contribute are governed by the terms of this License,
including without limitation Section 2.2. The Source Code version of
Covered Code may be distributed only under the terms of this License
or a future version of this License released under Section 6.1, and
You must include a copy of this License with every copy of the Source
Code You distribute. You may not offer or impose any terms on any
Source Code version that alters or restricts the applicable version of
this License or the recipients' rights hereunder. However, You may
include an additional document offering the additional rights
described in Section 3.5.
3.2. Availability of Source Code. Any Modification which You create
or to which You contribute must be made available in Source Code form
under the terms of this License either on the same media as an
Executable version or via an accepted Electronic Distribution
Mechanism to anyone to whom you made an Executable version available;
and if made available via Electronic Distribution Mechanism, must
remain available for at least twelve (12) months after the date it
initially became available, or at least six (6) months after a
subsequent version of that particular Modification has been made
available to such recipients. You are responsible for ensuring that
the Source Code version remains available even if the Electronic
Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications. You must cause all Covered Code to
which You contribute to contain a file documenting the changes You
made to create that Covered Code and the date of any change. You must
include a prominent statement that the Modification is derived,
directly or indirectly, from Original Code provided by the Initial
Developer and including the name of the Initial Developer in (a) the
Source Code, and (b) in any notice in an Executable version or related
documentation in which You describe the origin or ownership of the
Covered Code.
3.4. Intellectual Property Matters (a) Third Party Claims. If
Contributor has knowledge that a license under a third party's
intellectual property rights is required to exercise the rights
granted by such Contributor under Sections 2.1 or 2.2, Contributor
must include a text file with the Source Code distribution titled
"LEGAL" which describes the claim and the party making the claim in
sufficient detail that a recipient will know whom to contact. If
Contributor obtains such knowledge after the Modification is made
available as described in Section 3.2, Contributor shall promptly
modify the LEGAL file in all copies Contributor makes 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.
(b) Contributor APIs. If Contributor's Modifications include an
application programming interface and Contributor has knowledge of
patent licenses which are reasonably necessary to implement that API,
Contributor must also include this information in the LEGAL file.
(c) Representations. Contributor represents that, except as disclosed
pursuant to Section 3.4(a) above, Contributor believes that
Contributor's Modifications are Contributor's original creation(s)
and/or Contributor has sufficient rights to grant the rights conveyed
by this License.
3.5. Required Notices. You must duplicate the notice in Exhibit A in
each file of the Source Code. If it is not possible to put such
notice in a particular Source Code file due to its structure, then You
must include such notice in a location (such as a relevant directory)
where a user would be likely to look for such a notice. If You
created one or more Modification(s) You may add your name as a
Contributor to the notice described in Exhibit A. You must also
duplicate this License in any documentation for the Source Code where
You describe recipients' rights or ownership rights relating to
Covered Code. You may choose to offer, and to charge a fee for,
warranty, support, indemnity or liability obligations to one or more
recipients of Covered Code. However, You may do so only on Your own
behalf, and not on behalf of the Initial Developer or any
Contributor. You must make it absolutely clear than any such warranty,
support, indemnity or liability obligation is offered by You alone,
and You hereby agree to indemnify the Initial Developer and every
Contributor for any liability incurred by the Initial Developer or
such Contributor as a result of warranty, support, indemnity or
liability terms You offer.
3.6. Distribution of Executable Versions. You may distribute Covered
Code in Executable form only if the requirements of Section 3.1-3.5
have been met for that Covered Code, and if You include a notice
stating that the Source Code version of the Covered Code is available
under the terms of this License, including a description of how and
where You have fulfilled the obligations of Section 3.2. The notice
must be conspicuously included in any notice in an Executable version,
related documentation or collateral in which You describe recipients'
rights relating to the Covered Code. You may distribute the Executable
version of Covered Code or ownership rights under a license of Your
choice, which may contain terms different from this License, provided
that You are in compliance with the terms of this License and that the
license for the Executable version does not attempt to limit or alter
the recipient's rights in the Source Code version from the rights set
forth in this License. If You distribute the Executable version under
a different license You must make it absolutely clear that any terms
which differ from this License are offered by You alone, not by the
Initial Developer or any Contributor. You hereby agree to indemnify
the Initial Developer and every Contributor for any liability incurred
by the Initial Developer or such Contributor as a result of any such
terms You offer.
3.7. Larger Works. You may create a Larger Work by combining Covered
Code with other code not governed by the terms of this License and
distribute the Larger Work as a single product. In such a case, You
must make sure the requirements of this License are fulfilled for the
Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Code due to
statute, judicial order, or regulation then You must: (a) comply with
the terms of this License to the maximum extent possible; and (b)
describe the limitations and the code they affect. Such description
must be included in the LEGAL file described in Section 3.4 and must
be included with all distributions of the Source Code. Except to the
extent prohibited by statute or regulation, such description must be
sufficiently detailed for a recipient of ordinary skill to be able to
understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has
attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions. Thomas Richter may publish revised and/or new
versions of the License from time to time. Each version will be given
a distinguishing version number.
6.2. Effect of New Versions. Once Covered Code has been published
under a particular version of the License, You may always continue to
use it under the terms of that version. You may also choose to use
such Covered Code under the terms of any subsequent version of the
License published by Thomas Richter. No one other than Thomas Richter
has the right to modify the terms applicable to Covered Code created
under this License.
6.3. Derivative Works. If You create or use a modified version of
this License (which you may only do in order to apply it to code which
is not already Covered Code governed by this License), You must (a)
rename Your license so that the phrases "TPL", "THOR Software",
"Thomas Richter" or any confusingly similar phrase do not appear in
your license (except to note that your license differs from this
License) and (b) otherwise make it clear that Your version of the
license contains terms which differ from the THOR Public
License. (Filling in the name of the Initial Developer, Original Code
or Contributor in the notice described in Exhibit A shall not of
themselves be deemed to be modifications of this License.)
7. 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.
8. TERMINATION.
8.1. 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. All
sublicenses to the Covered Code which are properly granted shall
survive any termination of this License. Provisions which, by their
nature, must remain in effect beyond the termination of this License
shall survive.
8.2. If You initiate litigation by asserting a patent infringement
claim (excluding declatory judgment actions) against Initial Developer
or a Contributor (the Initial Developer or Contributor against whom
You file such action is referred to as "Participant") alleging that:
(a) such Participant's Contributor Version directly or indirectly
infringes any patent, then any and all rights granted by such
Participant to You under Sections 2.1 and/or 2.2 of this License
shall, upon 60 days notice from Participant terminate prospectively,
unless if within 60 days after receipt of notice You either: (i) agree
in writing to pay Participant a mutually agreeable reasonable royalty
for Your past and future use of Modifications made by such
Participant, or (ii) withdraw Your litigation claim with respect to
the Contributor Version against such Participant. If within 60 days
of notice, a reasonable royalty and payment arrangement are not
mutually agreed upon in writing by the parties or the litigation claim
is not withdrawn, the rights granted by Participant to You under
Sections 2.1 and/or 2.2 automatically terminate at the expiration of
the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant's
Contributor Version, directly or indirectly infringes any patent, then
any rights granted to You by such Participant under Sections 2.1(b)
and 2.2(b) are revoked effective as of the date You first made, used,
sold, distributed, or had made, Modifications made by that
Participant.
8.3. If You assert a patent infringement claim against Participant
alleging that such Participant's Contributor Version directly or
indirectly infringes any patent where such claim is resolved (such as
by license or settlement) prior to the initiation of patent
infringement litigation, then the reasonable value of the licenses
granted by such Participant under Sections 2.1 or 2.2 shall be taken
into account in determining the amount or value of any payment or
license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all
end user license agreements (excluding distributors and resellers)
which have been validly granted by You or any distributor hereunder
prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
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 CODE,
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 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.
10. 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.
11. 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
German 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 Federal Republic of
Germany, any litigation relating to this License shall be subject to
the jurisdiction of the Federal Courts of the Federal Republic of
Germany, with the losing party responsible for costs, including
without limitation, court costs and reasonable attorneys' fees and
expenses. Any law or regulation which provides that the language of a
contract shall be construed against the drafter shall not apply to
this License.
12. 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.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as
Multiple-Licensed. Multiple-Licensed means that the Initial Developer
permits you to utilize portions of the Covered Code under Your choice
of the TPL or the alternative licenses, if any, specified by the
Initial Developer in the file described in Exhibit A.
EXHIBIT A - THOR Public License.
The contents of this file are subject to the THOR Public License
Version 1.0 (the "License"); you may not use this file except in
compliance with the 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 specificlanguage governing rights and limitations
under the License.
The Original Code is ______________________________________.
The Initial Developer of the Original Code is _____________.
Portions created by ______________________ are
Copyright (C) ______ _______________________.
All Rights Reserved.
Contributor(s): ______________________________________.
Alternatively, the contents of this file may be used under the terms
of the _____ license (the [___] License), in which case the provisions
of [______] License are applicable instead of those above. If you
wish to allow use of your version of this file only under the terms of
the [____] License and not to allow others to use your version of this
file under the TPL, indicate your decision by deleting the provisions
above and replace them with the notice and other provisions required
by the [___] License. If you do not delete the provisions above, a
recipient may use your version of this file under either the TPL or
the [___] License."
[NOTE: The text of this Exhibit A may differ slightly from the text of
the notices in the Source Code files of the Original Code. You should
use the text of this Exhibit A rather than the text found in the
Original Code Source Code for Your Modifications.]