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VMukti PUBLIC LICENSE
The VMukti Public License
Version 1.1.1 ("VPL") consists of the Mozilla Public License
Version 1.1, modified to be specific to VMukti, with the
Additional Terms in Exhibit B.
The original Mozilla Public License 1.1 can be found at: http://www.mozilla.org/MPL/MPL-1.1.html
VMukti PUBLIC LICENSE
Version 1.1.1
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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.
Adiance Technologies Pvt. Ltd. ("Adiance") 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 Adiance. No one other than Adiance
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 "VMukti",
"VPL" 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
VMukti 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 Gujarat,
India 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 India,
any litigation relating to this License shall be subject to the
jurisdiction of the High Court of the Gujarat, with venue lying
in Ahmedabad, Gujarat, India 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.
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 VPL or the alternative licenses,
if any, specified by the Initial Developer in the file described
in Exhibit A.
VMukti Public License 1.1.1 - Exhibit A
The contents of this file are subject to the VMukti Public
License Version 1.1.1 ("License"); You may not use this
file except in compliance with the License. You may obtain a copy
of the License at http://www.VMukti.com/LICENSE.txt 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.
The Original Code is: VMukti Open
Source
The Initial Developer of the Original Code is
Adiance Technologies Pvt. Ltd.
Portions created by Adiance are Copyright (C) 2006 Adiance Technologies
Pvt. Ltd.;
All Rights Reserved.
Contributor(s): ______________________________________.
[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.]
VMukti Public License 1.1.1 - Exhibit B
Additional Terms applicable to the VMukti
Public License.
I. Effect.
These additional terms described in this VMukti Public
License - Additional Terms shall apply to the Covered Code under
this License.
II. VMukti and logo.
This License does not grant any rights to use
the trademarks "VMukti" and the "Adiance"
logos even if such marks are included in the Original Code or Modifications.
However, in addition to the other notice obligations,
all copies of the Covered Code in Executable and Source Code form
distributed must, as a form of attribution of the original author,
include on each user interface screen (i) the "Powered by VMukti"
logo and (ii) the copyright notice in the same form as the latest
version of the Covered Code distributed by Adiance Technologies
PVt. Ltd. at the time of distribution of such copy. In addition,
the "Powered by VMukti" logo must be visible
to all users and be located at the very bottom center of each user
interface screen. Notwithstanding the above, the dimensions of the
"Powered By VMukti" logo must be at least 105
x 22 pixels. When users click on the "Powered by VMukti"
logo it must direct them back to http://www.VMukti.org.
In addition, the copyright notice must remain visible to all users
at all times at the bottom of the user interface screen. When users
click on the copyright notice, it must direct them back to http://www.adiance.com
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