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			523 lines
		
	
	
	
		
			24 KiB
		
	
	
	
		
			Text
		
	
	
	
	
	
BitTorrent Open Source License
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Version 1.0
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This BitTorrent Open Source License (the "License") applies to the BitTorrent
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client and related software products as
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well as any updates or maintenance releases of that software ("BitTorrent
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Products") that are distributed by
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BitTorrent, Inc. ("Licensor").  Any BitTorrent Product licensed pursuant to
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this License is a Licensed Product.
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Licensed Product, in its entirety, is protected by U.S. copyright law.  This
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License identifies the terms under which
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you may use, copy, distribute or modify Licensed Product.
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Preamble
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This Preamble is intended to describe, in plain English, the nature and scope
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of this License.  However, this
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Preamble is not a part of this license.  The legal effect of this License
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is dependent only upon the terms of the
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License and not this Preamble.
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This License complies with the Open Source Definition and is derived from
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the Jabber Open Source License 1.0 (the
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"JOSL"), which has been approved by Open Source Initiative. Sections 4(c)
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and 4(f)(iii) from the JOSL have been
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dropped.
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This License provides that:
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1.      You may use, sell or give away the Licensed Product, alone or as a
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component of an aggregate software
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distribution containing programs from several different sources.  No royalty
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or other fee is required.
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2.      Both Source Code and executable versions of the Licensed Product,
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including Modifications made by previous
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Contributors, are available for your use.  (The terms "Licensed Product,"
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"Modifications," "Contributors" and "Source
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Code" are defined in the License.)
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3.      You are allowed to make Modifications to the Licensed Product, and
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you can create Derivative Works from it.
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(The term "Derivative Works" is defined in the License.)
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4.      By accepting the Licensed Product under the provisions of this License,
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you agree that any Modifications you
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make to the Licensed Product and then distribute are governed by the provisions
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of this License.  In particular, you
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must make the Source Code of your Modifications available to others.
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5.      You may use the Licensed Product for any purpose, but the Licensor
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is not providing you any warranty
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whatsoever, nor is the Licensor accepting any liability in the event that
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the Licensed Product doesn't work properly
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or causes you any injury or damages.
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6.      If you sublicense the Licensed Product or Derivative Works, you may
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charge fees for warranty or support, or
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for accepting indemnity or liability obligations to your customers.  You cannot
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charge for the Source Code.
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7.      If you assert any patent claims against the Licensor relating to the
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Licensed Product, or if you breach any
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terms of the License, your rights to the Licensed Product under this License
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automatically terminate.
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You may use this License to distribute your own Derivative Works, in which
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case the provisions of this License will
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apply to your Derivative Works just as they do to the original Licensed Product.
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Alternatively, you may distribute your Derivative Works under any other OSI-approved
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Open Source license, or under a
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proprietary license of your choice.  If you use any license other than this
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License, however, you must continue to
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fulfill the requirements of this License (including the provisions relating
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to publishing the Source Code) for those
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portions of your Derivative Works that consist of the Licensed Product, including
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the files containing Modifications.
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New versions of this License may be published from time to time.  You may
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choose to  continue to use the license
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terms in this version of the License or those from the new version.  However,
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only the Licensor has the right to
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change the License terms as they apply to the Licensed Product.
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This License relies on precise definitions for certain terms.  Those terms
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						|
are defined when they are first used, and
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the definitions are repeated for your convenience in a Glossary at the end
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of the License.
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License Terms
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1.      Grant of License From Licensor.  Licensor hereby grants you a world-wide,
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royalty-free, non-exclusive
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license, subject to third party intellectual property claims, to do the following:
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a.       Use, reproduce, modify, display, perform, sublicense and distribute
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any Modifications created by such
 | 
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Contributor or portions thereof, in both Source Code or as an executable program,
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either on an unmodified basis or as
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part of Derivative Works.
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b.       Under claims of patents now or hereafter owned or controlled by Contributor,
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to make, use, sell, offer for
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sale, have made, and/or otherwise dispose of Modifications or portions thereof,
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but solely to the extent that any
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such claim is necessary to enable you to make, use, sell, offer for sale,
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have made, and/or otherwise dispose of
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Modifications or portions thereof or Derivative Works thereof.
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2. Grant of License to Modifications From Contributor. "Modifications" means
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any additions to or deletions from the
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substance or structure of (i) a file containing Licensed Product, or (ii)
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any new file that contains any part of
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Licensed Product. Hereinafter in this License, the term "Licensed Product"
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shall include all previous Modifications
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that you receive from any Contributor. By application of the provisions in
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Section 4(a) below, each person or entity
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who created or contributed to the creation of, and distributed, a Modification
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(a "Contributor") hereby grants you a
 | 
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world-wide, royalty-free, non-exclusive license, subject to third party intellectual
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property claims, to do the
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following:
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1. Use, reproduce, modify, display, perform, sublicense and distribute any
 | 
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Modifications created by such
 | 
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Contributor or portions thereof, in both Source Code or as an executable program,
 | 
						|
either on an unmodified basis or as
 | 
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part of Derivative Works.
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2. Under claims of patents now or hereafter owned or controlled by Contributor,
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to make, use, sell, offer for
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sale, have made, and/or otherwise dispose of Modifications or portions thereof,
 | 
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but solely to the extent that any
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such claim is necessary to enable you to make, use, sell, offer for sale,
 | 
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have made, and/or otherwise dispose of
 | 
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Modifications or portions thereof or Derivative Works thereof.
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3.      Exclusions From License Grant.  Nothing in this License shall be deemed
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to grant any rights to trademarks,
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copyrights, patents, trade secrets or any other intellectual property of Licensor
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or any Contributor except as
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expressly stated herein. No patent license is granted separate from the Licensed
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Product, for code that you delete
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from the Licensed Product, or for combinations of the Licensed Product with
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other software or hardware.  No right is
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granted to the trademarks of Licensor or any Contributor even if such marks
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are included in the Licensed Product.
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Nothing in this License shall be interpreted to prohibit Licensor from licensing
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under different terms from this
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License any code that Licensor otherwise would have a right to license.
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4.      Your Obligations Regarding Distribution.
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a.       Application of This License to Your Modifications.  As an express
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condition for your use of the Licensed
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Product, you hereby agree that any Modifications that you create or to which
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you contribute, and which you
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distribute, are governed by the terms of this License including, without limitation,
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Section 2.  Any Modifications
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that you create or to which you contribute may be distributed only under the
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terms of this License or a future
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version of this License released under Section 7.  You must include a copy
 | 
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of this License with every copy of the
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Modifications you distribute.  You agree not to offer or impose any terms
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on any Source Code or executable version of
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the Licensed Product or Modifications that alter or restrict the applicable
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version of this License or the
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recipients' rights hereunder. However, you may include an additional document
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offering the additional rights
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described in Section 4(d).
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b.       Availability of Source Code.  You must make available, under the
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terms of this License, the Source Code of
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the Licensed Product and any Modifications that you distribute, either on
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the same media as you distribute any
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executable or other form of the Licensed Product, or via a mechanism generally
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						|
accepted in the software development
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community for the electronic transfer of data (an "Electronic Distribution
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Mechanism").  The Source Code for any
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version of Licensed Product or Modifications that you distribute must remain
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available for at least twelve (12)
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months after the date it initially became available, or at least six (6) months
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after a subsequent version of said
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Licensed Product or Modifications has been made available.  You are responsible
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for ensuring that the Source Code
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version remains available even if the Electronic Distribution Mechanism is
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maintained by a third party.
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c.       Intellectual Property Matters.
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i.            Third Party Claims.  If you have knowledge that a license to
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a third
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party's intellectual property right is required to exercise the rights granted
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by this License, you must include a
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text file with the Source Code distribution titled "LEGAL" that describes
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the claim and the party making the claim in
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sufficient detail that a recipient will know whom to contact.  If you obtain
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such knowledge after you make any
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Modifications available as described in Section 4(b), you shall promptly modify
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the LEGAL file in all copies you make
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available thereafter and shall take other steps (such as notifying appropriate
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mailing lists or newsgroups)
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reasonably calculated to inform those who received the Licensed Product from
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you that new knowledge has been
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obtained.
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ii.            Contributor APIs.  If your Modifications include an application
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programming interface ("API") and you have knowledge of patent licenses that
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are reasonably necessary to implement
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that API, you must also include this information in the LEGAL file.
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iii.            Representations.  You represent that, except as disclosed
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pursuant to
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4(c)(i) above, you believe that any Modifications you distribute are your
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original creations and that you have
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sufficient rights to grant the rights conveyed by this License.
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d.       Required Notices.  You must duplicate this License in any documentation
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you provide along with the Source
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Code of any Modifications you create or to which you contribute, and which
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you distribute, wherever you describe
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recipients' rights relating to Licensed Product.  You must duplicate the notice
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contained in Exhibit A (the "Notice")
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in each file of the Source Code of any copy you distribute of the Licensed
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Product. If you created a Modification,
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you may add your name as a Contributor to the Notice.  If it is not possible
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to put the Notice in a particular Source
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Code file due to its structure, then you must include such Notice in a location
 | 
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(such as a relevant directory file)
 | 
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where a user would be likely to look for such a notice.  You may choose to
 | 
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offer, and charge a fee for, warranty,
 | 
						|
support, indemnity or liability obligations to one or more recipients of Licensed
 | 
						|
Product. However, you may do so
 | 
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only on your own behalf, and not on behalf of the Licensor or any Contributor.
 | 
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You must make it clear that any such
 | 
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warranty, support, indemnity or liability obligation is offered by you alone,
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and you hereby agree to indemnify the
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Licensor and every Contributor for any liability incurred by the Licensor
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or such Contributor as a result of
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warranty, support, indemnity or liability terms you offer.
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e.        Distribution of Executable Versions.  You may distribute Licensed
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Product as an executable program under a
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license of your choice that may contain terms different from this License
 | 
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provided (i) you have satisfied the
 | 
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requirements of Sections 4(a) through 4(d) for that distribution, (ii) you
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include a conspicuous notice in the
 | 
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executable version, related documentation and collateral materials stating
 | 
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that the Source Code version of the
 | 
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Licensed Product is available under the terms of this License, including a
 | 
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description of how and where you have
 | 
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fulfilled the obligations of Section 4(b), and (iii) you make it clear that
 | 
						|
any terms that differ from this License
 | 
						|
are offered by you alone, not by Licensor or any Contributor.  You hereby
 | 
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agree to indemnify the Licensor and every
 | 
						|
Contributor for any liability incurred by Licensor or such Contributor as
 | 
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a result of any terms you offer.
 | 
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f.       Distribution of Derivative Works.  You may create Derivative Works
 | 
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(e.g., combinations of some or all of the
 | 
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Licensed Product with other code) and distribute the Derivative Works as products
 | 
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under any other license you select,
 | 
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with the proviso that the requirements of this License are fulfilled for those
 | 
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portions of the Derivative Works that
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consist of the Licensed Product or any Modifications thereto.
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5.      Inability to Comply Due to Statute or Regulation.  If it is impossible
 | 
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for you to comply with any of the
 | 
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terms of this License with respect to some or all of the Licensed Product
 | 
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due to statute, judicial order, or
 | 
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regulation, then you must (i) comply with the terms of this License to the
 | 
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maximum extent possible, (ii) cite the
 | 
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statute or regulation that prohibits you from adhering to the License, and
 | 
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(iii) describe the limitations and the
 | 
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code they affect. Such description must be included in the LEGAL file described
 | 
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in Section 4(d), and must be included
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with all distributions of the Source Code.  Except to the extent prohibited
 | 
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by statute or regulation, such
 | 
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description must be sufficiently detailed for a recipient of ordinary skill
 | 
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at computer programming to be able to
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understand it.
 | 
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6.      Application of This License.  This License applies to code to which
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Licensor or Contributor has attached the
 | 
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Notice in Exhibit A, which is incorporated herein by this reference.
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7.      Versions of This License.
 | 
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a.       New Versions.  Licensor may publish from time to time revised and/or
 | 
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new versions of the License.
 | 
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b.       Effect of New Versions.  Once Licensed Product has been published
 | 
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under a particular version of the License,
 | 
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you may always continue to use it under the terms of that version.  You may
 | 
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also choose to use such Licensed Product
 | 
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under the terms of any subsequent version of the License published by Licensor.
 | 
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No one other than Licensor has the
 | 
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right to modify the terms applicable to Licensed Product created under this
 | 
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License.
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c.       Derivative Works of this License.  If you create or use a modified
 | 
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version of this License, which you may do
 | 
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only in order to apply it to software that is not already a Licensed Product
 | 
						|
under this License, you must rename your
 | 
						|
license so that it is not confusingly similar to this License, and must make
 | 
						|
it clear that your license contains
 | 
						|
terms that differ from this License.  In so naming your license, you may not
 | 
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use any trademark of Licensor or any
 | 
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Contributor.
 | 
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 | 
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 | 
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8.      Disclaimer of Warranty.  LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE
 | 
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ON AN AS IS BASIS, WITHOUT WARRANTY
 | 
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OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
 | 
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THAT THE LICENSED PRODUCT IS FREE
 | 
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OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
 | 
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THE ENTIRE RISK AS TO THE QUALITY AND
 | 
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PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU.  SHOULD LICENSED PRODUCT
 | 
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PROVE DEFECTIVE IN ANY RESPECT, YOU (AND
 | 
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NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
 | 
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SERVICING, REPAIR OR CORRECTION.  THIS
 | 
						|
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE
 | 
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OF LICENSED PRODUCT IS AUTHORIZED
 | 
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HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
 | 
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 | 
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9.      Termination.
 | 
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 | 
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a.       Automatic Termination Upon Breach.  This license and the rights granted
 | 
						|
hereunder will terminate
 | 
						|
automatically if you fail to comply with the terms herein and fail to cure
 | 
						|
such breach within thirty (30) days of
 | 
						|
becoming aware of the breach.  All sublicenses to the Licensed Product that
 | 
						|
are properly granted shall survive any
 | 
						|
termination of this license.  Provisions that, by their nature, must remain
 | 
						|
in effect beyond the termination of this
 | 
						|
License, shall survive.
 | 
						|
 | 
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b.       Termination Upon Assertion of Patent Infringement.  If you initiate
 | 
						|
litigation by asserting a patent
 | 
						|
infringement claim (excluding declaratory judgment actions) against Licensor
 | 
						|
or a Contributor (Licensor or
 | 
						|
Contributor against whom you file such an action is referred to herein as
 | 
						|
Respondent) alleging that Licensed Product
 | 
						|
directly or indirectly infringes any patent, then any and all rights granted
 | 
						|
by such Respondent to you under Sections
 | 
						|
1 or 2 of this License shall terminate prospectively upon sixty (60) days
 | 
						|
notice from Respondent (the "Notice
 | 
						|
Period") unless within that Notice Period you either agree in writing (i)
 | 
						|
to pay Respondent a mutually agreeable
 | 
						|
reasonably royalty for your past or future use of Licensed Product made by
 | 
						|
such Respondent, or (ii) withdraw your
 | 
						|
litigation claim with respect to Licensed Product against such Respondent.
 | 
						|
If within said Notice Period 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 Licensor to you under Sections 1 and 2 automatically
 | 
						|
terminate at the expiration of
 | 
						|
said Notice Period.
 | 
						|
 | 
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c.       Reasonable Value of This License.  If you assert a patent infringement
 | 
						|
claim against Respondent alleging
 | 
						|
that Licensed Product 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 said Respondent under Sections 1 and 2 shall be taken into account
 | 
						|
in determining the amount or value of
 | 
						|
any payment or license.
 | 
						|
 | 
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d.       No Retroactive Effect of Termination.  In the event of termination
 | 
						|
under Sections 9(a) or 9(b) above, all
 | 
						|
end user license agreements (excluding licenses to distributors and resellers)
 | 
						|
that have been validly granted by you
 | 
						|
or any distributor hereunder prior to termination shall survive termination.
 | 
						|
 | 
						|
 | 
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10.  Limitation of Liability.  UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
 | 
						|
WHETHER TORT (INCLUDING NEGLIGENCE),
 | 
						|
CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR
 | 
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OF LICENSED PRODUCT, OR ANY SUPPLIER
 | 
						|
OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
 | 
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INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
 | 
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ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
 | 
						|
WORK STOPPAGE, COMPUTER FAILURE OR
 | 
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MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH
 | 
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PARTY SHALL HAVE BEEN INFORMED OF THE
 | 
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POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION OF LIABILITY SHALL NOT APPLY
 | 
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TO LIABILITY FOR DEATH OR PERSONAL INJURY
 | 
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RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS
 | 
						|
SUCH LIMITATION.  SOME JURISDICTIONS DO
 | 
						|
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
 | 
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SO THIS EXCLUSION AND LIMITATION MAY
 | 
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NOT APPLY TO YOU.
 | 
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 | 
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 | 
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11.  Responsibility for Claims.  As between Licensor and Contributors, each
 | 
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party is responsible for claims and
 | 
						|
damages arising, directly or indirectly, out of its utilization of rights
 | 
						|
under this License.  You agree to work with
 | 
						|
Licensor and Contributors to distribute such responsibility on an equitable
 | 
						|
basis.  Nothing herein is intended or
 | 
						|
shall be deemed to constitute any admission of liability.
 | 
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 | 
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 | 
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12.  U.S. Government End Users.  The Licensed Product is a commercial item,
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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 Licensed Product
 | 
						|
with only those rights set forth
 | 
						|
herein.
 | 
						|
 | 
						|
 | 
						|
13.  Miscellaneous.  This License represents the complete agreement concerning
 | 
						|
the 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.
 | 
						|
You expressly agree that any litigation
 | 
						|
relating to this license shall be subject to the jurisdiction of the Federal
 | 
						|
Courts of the Northern District of
 | 
						|
California or the Superior Court of the County of Santa Clara, California
 | 
						|
(as appropriate), with venue lying in Santa
 | 
						|
Clara 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.  You and Licensor expressly
 | 
						|
waive any rights to a jury trial in
 | 
						|
any litigation concerning Licensed Product or this License.  Any law or regulation
 | 
						|
that provides that the language of
 | 
						|
a contract shall be construed against the drafter shall not apply to this
 | 
						|
License.
 | 
						|
 | 
						|
 | 
						|
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 or a
 | 
						|
future version of this License issued under Section 7.  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.  Glossary.  All defined terms in this License that are used in more than
 | 
						|
one Section of this License are repeated
 | 
						|
here, in alphabetical order, for the convenience of the reader.  The Section
 | 
						|
of this License in which each defined
 | 
						|
term is first used is shown in parentheses.
 | 
						|
 | 
						|
Contributor:  Each person or entity who created or contributed to the creation
 | 
						|
of, and distributed, a Modification.
 | 
						|
(See Section 2)
 | 
						|
 | 
						|
Derivative Works: That term as used in this License is defined under U.S.
 | 
						|
copyright law.  (See Section 1(b))
 | 
						|
 | 
						|
License:  This BitTorrent Open Source License.  (See first paragraph of License)
 | 
						|
 | 
						|
Licensed Product:  Any BitTorrent Product licensed pursuant to this License.
 | 
						|
The term "Licensed Product" includes
 | 
						|
all previous Modifications from any Contributor that you receive.  (See first
 | 
						|
paragraph of License and Section 2)
 | 
						|
 | 
						|
Licensor:  BitTorrent, Inc.  (See first paragraph of License)
 | 
						|
 | 
						|
Modifications:  Any additions to or deletions from the substance or structure
 | 
						|
of (i) a file containing Licensed
 | 
						|
Product, or (ii) any new file that contains any part of Licensed Product.
 | 
						|
(See Section 2)
 | 
						|
 | 
						|
Notice:  The notice contained in Exhibit A.  (See Section 4(e))
 | 
						|
 | 
						|
Source Code: The preferred form for making modifications to the Licensed Product,
 | 
						|
including all modules contained
 | 
						|
therein, plus any associated interface definition files, scripts used to control
 | 
						|
compilation and installation of an
 | 
						|
executable program, or a list of differential comparisons against the Source
 | 
						|
Code of the Licensed Product.  (See
 | 
						|
Section 1(a))
 | 
						|
 | 
						|
You:  This term is defined in Section 14 of this License.
 | 
						|
 | 
						|
 | 
						|
EXHIBIT A
 | 
						|
 | 
						|
The Notice below must appear in each file of the Source Code of any copy you
 | 
						|
distribute of the Licensed Product or
 | 
						|
any hereto.  Contributors to any Modifications may add their own copyright
 | 
						|
notices to identify their own
 | 
						|
contributions.
 | 
						|
 | 
						|
License:
 | 
						|
 | 
						|
The contents of this file are subject to the BitTorrent Open Source License
 | 
						|
Version 1.0 (the License).  You may not
 | 
						|
copy or use this file, in either source code or executable form, except in
 | 
						|
compliance with the License.  You may
 | 
						|
obtain a copy of the License at http://www.bittorrent.com/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.
 |