Open Source Initiative OSI - Adaptive Public License 1.0

Submitted by nelson on Tue, 2006-10-31 04:56. ::

ADAPTIVE PUBLIC LICENSE

Version 1.0 (text)

THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THIS ADAPTIVE
PUBLIC LICENSE ("LICENSE"). ANY USE, REPRODUCTION OR
DISTRIBUTION OF THE LICENSED WORK CONSTITUTES RECIPIENT'S ACCEPTANCE OF
THIS LICENSE AND ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE TERMS
OF THIS LICENSE. "LICENSED WORK" AND "RECIPIENT" ARE DEFINED BELOW.

IMPORTANT NOTE: This License is "adaptive", and the generic version or
another version of an Adaptive Public License should not be relied upon
to determine your rights and obligations under this License. You must
read the specific Adaptive Public License that you receive with the Licensed
Work, as certain terms are defined at the outset by the Initial Contributor.

See Section 2.2 below, Exhibit A attached, and any Suppfile.txt accompanying
this License to determine the specific adaptive features applicable to
this License. For example, without limiting the foregoing, (a) for selected
choice of law and jurisdiction see Part 3 of Exhibit A; (b) for the selected
definition of Third Party see Part 4 of Exhibit A; and (c) for selected
patent licensing terms (if any) see Section 2.2 below and Part 6 of Exhibit
A.

1. DEFINITIONS.

1.1. "CONTRIBUTION" means:

(a) In the case of the Initial Contributor, the Initial Work distributed
under this License by the Initial Contributor; and

(b) In the case of each Subsequent Contributor, the Subsequent Work
originating from and distributed by such Subsequent Contributor.

1.2. "DESIGNATED WEB SITE" means
the web site having the URL identified in Part 1 of Exhibit
A
, which URL may be changed by the Initial Contributor by posting
on the current Designated Web Site the new URL for at least sixty (60)
days.

1.3. "DISTRIBUTOR" means any Person
that distributes the Licensed Work or any portion thereof to at least
one Third Party.

1.4. "ELECTRONIC DISTRIBUTION MECHANISM"
means any mechanism generally accepted in the software development community
for the electronic transfer of data.

1.5. "EXECUTABLE" means the Licensed
Work in any form other than Source Code.

1.6. "GOVERNING JURISDICTION" means
the state, province or other legal jurisdiction identified in Part
3 of Exhibit A
.

1.7. "INDEPENDENT MODULE" means a
separate module of software and/or data that is not a derivative work
of or copied from the Licensed Work or any portion thereof. In addition,
a module does not qualify as an Independent Module but instead forms
part of the Licensed Work if the module: (a) is embedded in the Licensed
Work; (b) is included by reference in the Licensed Work other than by
a function call or a class reference; or (c) must be included or contained,
in whole or in part, within a file directory or subdirectory actually
containing files making up the Licensed Work.

1.8. "INITIAL CONTRIBUTOR" means
the Person or entity identified as the Initial Contributor in the notice
required by Part 1 of Exhibit A.

1.9. "INITIAL WORK" means the initial
Source Code, object code (if any) and documentation for the computer
program identified in Part 2 of Exhibit A, as such
Source Code, object code and documentation is distributed under this
License by the Initial Contributor.

1.10. "LARGER WORK" means a work
that combines the Licensed Work or portions thereof with code not governed
by this License.

1.11. "LICENSED WORK" means the Initial
Work and/or any Subsequent Work, in each case including portions thereof.

1.12. "LICENSE NOTICE" has the meaning
assigned in Part 5 of Exhibit A.

1.13. "MODIFICATION" or "MODIFICATIONS"
means any change to and/or addition to the Licensed Work.

1.14. "PERSON" means an individual
or other legal entity, including a corporation, partnership or other
body.

1.15. "RECIPIENT" means any Person
who receives or obtains the Licensed Work under this License (by way
of example, without limiting the foregoing, any Subsequent Contributor
or Distributor).

1.16. "SOURCE CODE" means the source
code for a computer program, including the source code for all modules
and components of the computer program, plus any associated interface
definition files, and scripts used to control compilation and installation
of an executable.

1.17. "SUBSEQUENT CONTRIBUTOR" means
any Person that makes or contributes to the making of any Subsequent
Work and that distributes that Subsequent Work to at least one Third
Party.

1.18. "SUBSEQUENT WORK" means a work
that has resulted or arises from changes to and/or additions to:

(a) the Initial Work;

(b) any other Subsequent Work; or

(c) to any combination of the Initial Work and any such other
Subsequent Work;

where such changes and/or additions originate from a Subsequent Contributor.
A Subsequent Work will "originate" from a Subsequent Contributor if
the Subsequent Work was a result of efforts by such Subsequent Contributor
(or anyone acting on such Subsequent Contributor's behalf, such as,
a contractor or other entity that is engaged by or under the direction
of the Subsequent Contributor). For greater certainty, a Subsequent
Work expressly excludes and shall not capture within its meaning any
Independent Module.

1.19. "SUPPLEMENT FILE" means a file
distributed with the Licensed Work having a file name "suppfile.txt".

1.20. "THIRD PARTY" has the meaning
assigned in Part 4 of Exhibit A.

2. LICENSE.

2.1. COPYRIGHT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.

(a) Subject to the terms of this License, the Initial Contributor
hereby grants each Recipient a world-wide, royalty-free, non-exclusive
copyright license to:

(i) reproduce, prepare derivative works of, publicly display,
publicly perform, distribute and sublicense the Initial Work; and

(ii) reproduce, publicly display, publicly perform, distribute,
and sublicense any derivative works (if any) prepared by Recipient;

in Source Code and Executable form, either with other Modifications,
on an unmodified basis, or as part of a Larger Work.

(b) Subject to the terms of this License, each Subsequent
Contributor hereby grants each Recipient a world-wide, royalty-free,
non-exclusive copyright license to:

(i) reproduce, prepare derivative works of, publicly display,
publicly perform, distribute and sublicense the Subsequent Work
of such Subsequent Contributor; and

(ii) reproduce, publicly display, publicly perform, distribute,
and sublicense any derivative works (if any) prepared by Recipient;

in Source Code and Executable form, either with other Modifications,
on an unmodified basis, or as part of a Larger Work.

2.2. PATENT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.

(a) This License does not include or grant any patent license
whatsoever from the Initial Contributor, Subsequent Contributor, or
any Distributor unless, at the time the Initial Work is first distributed
or made available under this License (as the case may be), the Initial
Contributor has selected pursuant to Part 6 of Exhibit A
the patent terms in paragraphs A, B, C, D and E from Part
6 of Exhibit A
. If this is not done then the Initial Work
and any other Subsequent Work is made available under the License
without any patent license (the "PATENTS-EXCLUDED LICENSE").

(b) However, the Initial Contributor may subsequently distribute
or make available (as the case may be) future copies of: (1) the Initial
Work; or (2) any Licensed Work distributed by the Initial Contributor
which includes the Initial Work (or any portion thereof) and/or any
Modification made by the Initial Contributor; available under a License
which includes a patent license (the "PATENTS-INCLUDED LICENSE")
by selecting pursuant to Part 6 of Exhibit A the
patent terms in paragraphs A, B, C, D and E from Part 6 of
Exhibit A
, when the Initial Contributor distributes or makes
available (as the case may be) such future copies under this License.

(c) If any Recipient receives or obtains one or more copies
of the Initial Work or any other portion of the Licensed Work under
the Patents-Included License, then all licensing of such copies under
this License shall include the terms in paragraphs A, B, C, D and
E from Part 6 of Exhibit A and that Recipient shall
not be able to rely upon the Patents-Excluded License for any such
copies. However, all Recipients that receive one or more copies of
the Initial Work or any other portion of the Licensed Work under a
copy of the License which includes the Patents-Excluded License shall
have no patent license with respect to such copies received under
the Patents-Excluded License and availability and distribution of
such copies, including Modifications made by such Recipient to such
copies, shall be under a copy of the License without any patent license.

(d) Where a Recipient uses in combination or combines any
copy of the Licensed Work (or portion thereof) licensed under a copy
of the License having a Patents-Excluded License with any copy of
the Licensed Work (or portion thereof) licensed under a copy of the
License having a Patents-Included License, the combination (and any
portion thereof) shall, from the first time such Recipient uses, makes
available or distributes the combination (as the case may be), be
subject to only the terms of the License having the Patents-Included
License which shall include the terms in paragraphs A, B, C, D and
E from Part 6 of Exhibit A.

2.3. ACKNOWLEDGEMENT AND DISCLAIMER.

Recipient understands and agrees that although Initial Contributor
and each Subsequent Contributor grants the licenses to its Contributions
set forth herein, no representation, warranty, guarantee or assurance
is provided by any Initial Contributor, Subsequent Contributor, or Distributor
that the Licensed Work does not infringe the patent or other intellectual
property rights of any other entity. Initial Contributor, Subsequent
Contributor, and each Distributor disclaims any liability to Recipient
for claims brought by any other entity based on infringement of intellectual
property rights or otherwise, in relation to the Licensed Works. As
a condition to exercising the rights and licenses granted hereunder,
each Recipient hereby assumes sole responsibility to secure any other
intellectual property rights needed, if any. For example, without limiting
the foregoing disclaimers, if a third party patent license is required
to allow Recipient to distribute the Licensed Work, it is Recipient's
responsibility to acquire that license before distributing the Licensed
Work.

2.4. RESERVATION.

Nothing in this License shall be deemed to grant any rights to trademarks,
copyrights, patents, trade secrets or any other intellectual property
of Initial Contributor, Subsequent Contributor, or Distributor except
as expressly stated herein.

3. DISTRIBUTION OBLIGATIONS.

3.1. DISTRIBUTION GENERALLY.

(a) A Subsequent Contributor shall make that Subsequent Contributor's
Subsequent Work(s) available to the public via an Electronic Distribution
Mechanism for a period of at least twelve (12) months. The aforesaid
twelve (12) month period shall begin within a reasonable time
after the creation of the Subsequent Work and no later than sixty
(60) days after first distribution of that Subsequent Contributor's
Subsequent Work.

(b) All Distributors must distribute the Licensed Work in
accordance with the terms of the License, and must include a copy
of this License (including without limitation Exhibit A and the accompanying
Supplement File) with each copy of the Licensed Work distributed.
In particular, this License must be prominently distributed with the
Licensed Work in a file called "license.txt." In addition, the License
Notice in Part 5 of Exhibit A must be included at the beginning of
all Source Code files, and viewable to a user in any executable such
that the License Notice is reasonably brought to the attention
of any party using the Licensed Work.

3.2. EXECUTABLE DISTRIBUTIONS OF THE LICENSED WORK.

A Distributor may choose to distribute the Licensed Work, or any portion
thereof, in Executable form (an "EXECUTABLE DISTRIBUTION")
to any third party, under the terms of Section 2 of this License, provided
the Executable Distribution is made available under and accompanied
by a copy of this License, AND provided at least
ONE of the following conditions is fulfilled:

(a) The Executable Distribution must be accompanied by the
Source Code for the Licensed Work making up the Executable Distribution,
and the Source Code must be distributed on the same media as the Executable
Distribution or using an Electronic Distribution Mechanism; or

(b) The Executable Distribution must be accompanied with a
written offer, valid for at least thirty six (36) months, to give
any third party under the terms of this License, for a charge no more
than the cost of physically performing source distribution, a complete
machine-readable copy of the Source Code for the Licensed Work making
up the Executable Distribution, to be available and distributed using
an Electronic Distribution Mechanism, and such Executable Distribution
must remain available in Source Code form to any third party via the
Electronic Distribution Mechanism (or any replacement Electronic Distribution
Mechanism the particular Distributor may reasonably need to turn to
as a substitute) for said at least thirty six (36) months.

For greater certainty, the above-noted requirements apply to any Licensed
Work or portion thereof distributed to any third party in Executable
form, whether such distribution is made alone, in combination with a
Larger Work or Independent Modules, or in some other combination.

3.3. SOURCE CODE DISTRIBUTIONS.

When a Distributor makes the Licensed Work, or any portion thereof,
available to any Person in Source Code form, it must be made available
under this License and a copy of this License must be included with
each copy of the Source Code, situated so that the copy of the License
is conspicuously brought to the attention of that Person. For greater
clarification, this Section 3.3 applies to all distribution of the Licensed
Work in any Source Code form. A Distributor may charge a fee for the
physical act of transferring a copy, which charge shall be no more than
the cost of physically performing source distribution.

3.4. REQUIRED NOTICES IN SOURCE CODE.

Each Subsequent Contributor must ensure that the notice set out in
Part 5 of Exhibit A is included in each file of the
Source Code for each Subsequent Work originating from that particular
Subsequent Contributor, if such notice is not already included in each
such file. If it is not possible to put such notice in a particular
Source Code file due to its structure, then the Subsequent Contributor
must include such notice in a location (such as a relevant directory
in which the file is stored) where a user would be likely to look for
such a notice.

3.5. NO DISTRIBUTION REQUIREMENTS FOR INTERNALLY USED MODIFICATIONS.

Notwithstanding Sections 3.2, 3.3 and 3.4, Recipient may, internally
within its own corporation or organization use the Licensed Work, including
the Initial Work and Subsequent Works, and make Modifications for internal
use within Recipient's own corporation or organization (collectively,
"INTERNAL USE MODIFICATIONS"). The Recipient shall
have no obligation to distribute, in either Source Code or Executable
form, any such Internal Use Modifications made by Recipient in the course
of such internal use, except where required below in this Section 3.5.
All Internal Use Modifications distributed to any Person, whether or
not a Third Party, shall be distributed pursuant to and be accompanied
by the terms of this License. If the Recipient chooses to distribute
any such Internal Use Modifications to any Third Party, then the Recipient
shall be deemed a Subsequent Contributor, and any such Internal Use
Modifications distributed to any Third Party shall be deemed a Subsequent
Work originating from that Subsequent Contributor, and shall from the
first such instance become part of the Licensed Work that must thereafter
be distributed and made available to third parties in accordance with
the terms of Sections 3.1 to 3.4 inclusive.

3.6. INDEPENDENT MODULES.

This License shall not apply to Independent Modules of any Initial
Contributor, Subsequent Contributor, Distributor or any Recipient, and
such Independent Modules may be licensed or made available under one
or more separate license agreements.

3.7. LARGER WORKS.

Any Distributor or Recipient may create or contribute to a Larger Work
by combining any of the Licensed Work with other code not governed by
the terms of this License, and may distribute the Larger Work as one
or more products. However, in any such case, Distributor or Recipient
(as the case may be) must make sure that the requirements of this License
are fulfilled for the Licensed Work portion of the Larger Work.

3.8. DESCRIPTION OF DISTRIBUTED MODIFICATIONS.

(a) Each Subsequent Contributor (including the Initial Contributor
where the Initial Contributor also qualifies as a Subsequent Contributor)
must cause each Subsequent Work created or contributed to by that
Subsequent Contributor to contain a file documenting the changes,
in accordance with the requirements of Part 1 of the Supplement
File
, that such Subsequent Contributor made in the creation
or contribution to that Subsequent Work. If no Supplement File exists
or no requirements are set out in Part 1 of the Supplement
File
, then there are no requirements for Subsequent Contributors
to document changes that they make resulting in Subsequent Works.

(b) The Initial Contributor may at any time introduce requirements
or add to or change earlier requirements (in each case, the "EARLIER
DESCRIPTION REQUIREMENTS
") for documenting changes resulting
in Subsequent Works by revising Part 1 of each copy
of the Supplement File distributed by the Initial Contributor with
future copies of the Licensed Work so that Part 1

then contains new requirements (the "NEW DESCRIPTION REQUIREMENTS")
for documenting such changes.

(c) Any Recipient receiving at any time any copy of an Initial
Work or any Subsequent Work under a copy of this License (in each
case, an "Earlier LICENSED COPY") having the Earlier Description
Requirements may choose, with respect to each such Earlier Licensed
Copy, to comply with the Earlier Description Requirements or the New
Description Requirements. Where a Recipient chooses to comply with
the New Description Requirements, that Recipient will, when thereafter
distributing any copies of any such Earlier Licensed Copy, include
a Supplement File having a section entitled Part 1 that contains
a copy of the New Description Requirements.

(d) For greater certainty, the intent of Part 1 of the
Supplement File
is to provide a mechanism (if any) by which Subsequent
Contributors must document changes that they make to the Licensed
Work resulting in Subsequent Works. Part 1 of any Supplement File

shall not be used to increase or reduce the scope of the license granted
in Article 2 of this License or in any other way increase or decrease
the rights and obligations of any Recipient, and shall at no time
serve as the basis for terminating the License. Further, a Recipient
can be required to correct and change its documentation procedures
to comply with Part 1 of the Supplement File, but cannot be
penalised with damages. Part 1 of any Supplement File is only
binding on each Recipient of any Licensed Work to the extent Part
1
sets out the requirements for documenting changes to the Initial
Work or any Subsequent Work.

(e) An example of a set of requirements for documenting changes
and contributions made by Subsequent Contributor is set out in Part
7 of Exhibit A
of this License. Part 7 is a sample only
and is not binding on Recipients, unless (subject to the earlier paragraphs
of this Section 3.8) those are the requirements that the Initial Contributor
includes in Part 1 of the Supplement File with the copies of
the Initial Work distributed under this License.

3.9. USE OF DISTRIBUTOR NAME.

The name of a Distributor may not be used by any other Distributor
to endorse or promote the Licensed Work or products derived from the
Licensed Work, without prior written permission.

3.10. LIMITED RECOGNITION OF INITIAL CONTRIBUTOR.

(a) As a modest attribution to the Initial Contributor, in
the hope that its promotional value may help justify the time, money
and effort invested in writing the Initial Work, the Initial Contributor
may include in Part 2 of the Supplement File a requirement
that each time an executable program resulting from the Initial Work
or any Subsequent Work, or a program dependent thereon, is launched
or run, a prominent display of the Initial Contributor's attribution
information must occur (the "ATTRIBUTION INFORMATION"). The
Attribution Information must be included at the beginning of each
Source Code file. For greater certainty, the Initial Contributor may
specify in the Supplement File that the above attribution requirement
only applies to an executable program resulting from the Initial Work
or any Subsequent Work, but not a program dependent thereon. The intent
is to provide for reasonably modest attribution, therefore the Initial
Contributor may not require Recipients to display, at any time, more
than the following Attribution Information: (a) a copyright notice
including the name of the Initial Contributor; (b) a word or one phrase
(not exceeding 10 words); (c) one digital image or graphic provided
with the Initial Work; and (d) a URL (collectively, the "ATTRIBUTION
LIMITS
").

(b) If no Supplement File exists, or no Attribution Information
is set out in Part 2 of the Supplement File, then there are
no requirements for Recipients to display any Attribution Information
of the Initial Contributor.

(c) Each Recipient acknowledges that all trademarks, service
marks and/or trade names contained within Part 2 of the Supplement
File
distributed with the Licensed Work are the exclusive property
of the Initial Contributor and may only be used with the permission
of the Initial Contributor, or under circumstances otherwise permitted
by law, or as expressly set out in this License.

3.11. For greater certainty, any description or attribution
provisions contained within a Supplement File may only be used to specify
the nature of the description or attribution requirements, as the case
may be. Any provision in a Supplement File that otherwise purports to
modify, vary, nullify or amend any right, obligation or representation
contained herein shall be deemed void to that extent, and shall be of
no force or effect.

4. COMMERCIAL USE AND INDEMNITY.

4.1. COMMERCIAL SERVICES.

A Recipient ("COMMERCIAL RECIPIENT") may choose to offer, and
to charge a fee for, warranty, support, indemnity or liability obligations
(collectively, "SERVICES") to one or more other Recipients or
Distributors. However, such Commercial Recipient may do so only on that
Commercial Recipient's own behalf, and not on behalf of any other Distributor
or Recipient, and Commercial Recipient must make it clear than any such
warranty, support, indemnity or liability obligation(s) is/are offered
by Commercial Recipient alone. At no time may Commercial Recipient use
any Services to deny any party the Licensed Work in Source Code or Executable
form when so required under any of the other terms of this License.
For greater certainty, this Section 4.1 does not diminish any of the
other terms of this License, including without limitation the obligation
of the Commercial Recipient as a Distributor, when distributing any
of the Licensed Work in Source Code or Executable form, to make such
distribution royalty-free (subject to the right to charge a fee of no
more than the cost of physically performing Source Code or Executable
distribution (as the case may be)).

4.2. INDEMNITY.

Commercial distributors of software may accept certain responsibilities
with respect to end users, business partners and the like. While this
License is intended to facilitate the commercial use of the Licensed
Work, the Distributor who includes any of the Licensed Work in a commercial
product offering should do so in a manner which does not create potential
liability for other Distributors. Therefore, if a Distributor includes
the Licensed Work in a commercial product offering or offers any Services,
such Distributor ("COMMERCIAL DISTRIBUTOR") hereby agrees to
defend and indemnify every other Distributor or Subsequent Contributor
(in each case an "INDEMNIFIED PARTY") against any losses, damages
and costs (collectively "LOSSES") arising from claims, lawsuits
and other legal actions brought by a third party against the Indemnified
Party to the extent caused by the acts or omissions of such Commercial
Distributor in connection with its distribution of any of the Licensed
Work in a commercial product offering or in connection with any Services.
The obligations in this section do not apply to any claims or Losses
relating to any actual or alleged intellectual property infringement.
In order to qualify, an Indemnified Party must: (a) promptly notify
the Commercial Distributor in writing of such claim; and (b) allow the
Commercial Distributor to control, and co-operate with the Commercial
Distributor in, the defense and any related settlement negotiations.
The Indemnified Party may participate in any such claim at its own expense.

5. VERSIONS OF THE LICENSE.

5.1. NEW VERSIONS.

The Initial Contributor may publish revised and/or new versions of
the License from time to time. Each version will be given a distinguishing
version number.

5.2. EFFECT OF NEW VERSIONS.

Once the Licensed Work or any portion thereof has been published by
Initial Contributor under a particular version of the License, Recipient
may choose to continue to use it under the terms of that version. However,
if a Recipient chooses to use the Licensed Work under the terms of any
subsequent version of the License published by the Initial Contributor,
then from the date of making this choice, the Recipient must comply
with the terms of that subsequent version with respect to all further
reproduction, preparation of derivative works, public display of, public
performance of, distribution and sublicensing by the Recipient in connection
with the Licensed Work. No one other than the Initial Contributor has
the right to modify the terms applicable to the Licensed Work

6. DISCLAIMER OF WARRANTY.

6.1. GENERAL DISCLAIMER.

EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE LICENSED WORK IS
PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT ANY REPRESENTATION,
WARRANTY, GUARANTEE, ASSURANCE OR CONDITION OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS
OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED
WORK IS WITH RECIPIENT. SHOULD ANY LICENSED WORK PROVE DEFECTIVE IN
ANY RESPECT, RECIPIENT (NOT THE INITIAL CONTRIBUTOR OR ANY SUBSEQUENT
CONTRIBUTOR) ASSUMES THE COST OF ANY NECESSARY SERVICING, REPAIR OR
CORRECTION. THIS CLAUSE CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
NO USE OF ANY LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
LICENSE INCLUDING WITHOUT LIMITATION THIS DISCLAIMER.

6.2. RESPONSIBILITY OF RECIPIENTS.

Each Recipient is solely responsible for determining the appropriateness
of using and distributing the Licensed Work and assumes all risks associated
with its exercise of rights under this License, including but not limited
to the risks and costs of program errors, compliance with applicable
laws, damage to or loss of data, programs or equipment, and unavailability
or interruption of operations.

7. TERMINATION.

7.1. This License shall continue until terminated in accordance
with the express terms herein.

7.2. Recipient may choose to terminate this License automatically
at any time.

7.3. This License, including without limitation the rights granted
hereunder to a particular Recipient, will terminate automatically if
such Recipient is in material breach of any of the terms of this License
and fails to cure such breach within sixty (60) days of becoming aware
of the breach. Without limiting the foregoing, any material breach by
such Recipient of any term of any other License under which such Recipient
is granted any rights to the Licensed Work shall constitute a material
breach of this License.

7.4. Upon termination of this License by or with respect to
a particular Recipient for any reason, all rights granted hereunder
and under any other License to that Recipient shall terminate. However,
all sublicenses to the Licensed Work which were previously properly
granted by such Recipient under a copy of this License (in each case,
an "Other License" and in plural, "Other Licenses") shall survive any
such termination of this License, including without limitation the rights
and obligations under such Other Licenses as set out in their respective
Sections 2, 3, 4, 5, 6, 7 and 8, mutatis mutandis, for so long as the
respective sublicensees (i.e. other Recipients) remain in compliance
with the terms of the copy of this License under which such sublicensees
received rights to the Licensed Work. Any termination of such Other
Licenses shall be pursuant to their respective Section 7, mutatis mutandis.
Provisions which, by their nature, must remain in effect beyond the
termination of this License shall survive.

7.5. Upon any termination of this License by or with respect
to a particular Recipient, Sections 4.1, 4.2, 6.1, 6.2, 7.4, 7.5, 8.1,
and 8.2, together with all provisions of this License necessary for
the interpretation and enforcement of same, shall expressly survive
such termination.

8. LIMITATION OF LIABILITY.

8.1. IN NO EVENT SHALL ANY OF INITIAL CONTRIBUTOR, ITS SUBSIDIARIES,
OR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AND/OR AGENTS (AS THE CASE MAY BE), HAVE ANY LIABILITY FOR
ANY DIRECT DAMAGES, INDIRECT DAMAGES, PUNITIVE DAMAGES, INCIDENTAL DAMAGES,
SPECIAL DAMAGES, EXEMPLARY DAMAGES, CONSEQUENTIAL DAMAGES OR ANY OTHER
DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA OR
PROFITS, OR ANY OTHER LOSS ARISING OUT OF OR IN ANY WAY RELATED TO THE
USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE
OF THE LICENSED WORK OR ANY PART THEREOF OR THE PROVISION OF OR FAILURE
TO PROVIDE SUPPORT SERVICES, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS,
DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE),
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) IN RELATION
TO OR ARISING IN ANY WAY OUT OF THIS LICENSE OR THE USE OR DISTRIBUTION
OF THE LICENSED WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER,
EVEN IF ADVISED 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. THIS CLAUSE CONSTITUTES AN ESSENTIAL PART
OF THIS LICENSE. NO USE OF ANY LICENSED WORK IS AUTHORIZED HEREUNDER
EXCEPT UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION THE LIMITATIONS
SET FORTH IN THIS SECTION 8.1.

8.2. EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, EACH RECIPIENT
SHALL NOT HAVE ANY LIABILITY FOR ANY EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OR DISTRIBUTION OF THE LICENSED WORK OR THE EXERCISE OF ANY RIGHTS GRANTED
HEREUNDER, EVEN IF ADVISED 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.

9. GOVERNING LAW AND LEGAL ACTION.

9.1. This License shall be governed by and construed in accordance
with the laws of the Governing Jurisdiction assigned in Part 3 of
Exhibit A
, without regard to its conflict of law provisions. No
party may bring a legal action under this License more than one year
after the cause of the action arose. Each party waives its rights (if
any) to a jury trial in any litigation arising under this License. Note
that if the Governing Jurisdiction is not assigned in Part 3 of Exhibit
A
, then the Governing Jurisdiction shall be the State of New York.

9.2. The courts of the Governing Jurisdiction shall have jurisdiction,
but not exclusive jurisdiction, to entertain and determine all disputes
and claims, whether for specific performance, injunction, damages or
otherwise, both at law and in equity, arising out of or in any way relating
to this License, including without limitation, the legality, validity,
existence and enforceability of this License. Each party to this License
hereby irrevocably attorns to and accepts the jurisdiction of the courts
of the Governing Jurisdiction for such purposes.

9.3. Except as expressly set forth elsewhere herein, in the
event of any action or proceeding brought by any party against another
under this License the prevailing party shall be entitled to recover
all costs and expenses including the fees of its attorneys in such action
or proceeding in such amount as the court may adjudge reasonable.

10. MISCELLANEOUS.

10.1. The obligations imposed by this License are for the benefit
of the Initial Contributor and any Recipient, and each Recipient acknowledges
and agrees that the Initial Contributor and/or any other Recipient may
enforce the terms and conditions of this License against any Recipient.

10.2. This License represents the complete agreement concerning
subject matter hereof, and supersedes and cancels all previous oral
and written communications, representations, agreements and understandings
between the parties with respect to the subject matter hereof.

10.3. The application of the United Nations Convention on Contracts
for the International Sale of Goods is expressly excluded.

10.4. The language in all parts of this License shall be in
all cases construed simply according to its fair meaning, and not strictly
for or against any of the parties hereto. Any law or regulation which
provides that the language of a contract shall be construed against
the drafter shall not apply to this License.

10.5. If any provision of this License is invalid or unenforceable
under the laws of the Governing Jurisdiction, it shall not affect the
validity or enforceability of the remainder of the terms of this License,
and without further action by the parties hereto, such provision shall
be reformed to the minimum extent necessary to make such provision valid
and enforceable.

10.6. The paragraph headings of this License are for reference
and convenience only and are not a part of this License, and they shall
have no effect upon the construction or interpretation of any part hereof.

10.7. Each of the terms "including", "include" and "includes",
when used in this License, is not limiting whether or not non-limiting
language (such as "without limitation" or "but not limited to" or words
of similar import) is used with reference thereto.

10.8. The parties hereto acknowledge they have expressly required
that this License and notices relating thereto be drafted in the English
language.

//***THE LICENSE TERMS END HERE (OTHER THAN AS SET OUT IN EXHIBIT A).***//

EXHIBIT A (to the Adaptive Public License)

PART 1: INITIAL CONTRIBUTOR AND DESIGNATED WEB SITE

The Initial Contributor is: ____________________________________________________
 
[Enter full name of Initial Contributor]


Address of Initial Contributor: ________________________________________________
  ________________________________________________
  ________________________________________________
 
[Enter address above]


The Designated Web Site is: __________________________________________________
 
[Enter URL for Designated Web Site of Initial
Contributor]

NOTE: The Initial Contributor is to complete this Part 1, along with
Parts 2, 3, and 5, and, if applicable, Parts 4 and 6.

PART 2: INITIAL WORK

The Initial Work comprises the computer program(s) distributed by the
Initial Contributor having the following title(s): _______________________________________________.

The date on which the Initial Work was first available under this License:
_________________

PART 3: GOVERNING JURISDICTION

For the purposes of this License, the Governing Jurisdiction is
_________________________________________________.

[Initial Contributor to Enter Governing Jurisdiction here]

PART 4: THIRD PARTIES

For the purposes of this License, "Third Party" has the definition
set forth below in the ONE paragraph selected by the Initial Contributor
from paragraphs A, B, C, D and E when the Initial Work is distributed
or otherwise made available by the Initial Contributor. To select one
of the following paragraphs, the Initial Contributor must place an "X"
or "x" in the selection box alongside the one respective paragraph selected.

SELECTION  
BOX PARAGRAPH
[  ] A. "THIRD PARTY" means any third party.
   
[  ] B. "THIRD PARTY" means any third party except
for
any of the following: (a) a wholly owned subsidiary of the
Subsequent Contributor in question; (b) a legal entity (the "PARENT")
that wholly owns the Subsequent Contributor in question; or (c)
a wholly owned subsidiary of the wholly owned subsidiary in (a)
or of the Parent in (b).
   
[  ] C. "THIRD PARTY" means any third party except
for
any of the following: (a) any Person directly or indirectly
owning a majority of the voting interest in the Subsequent Contributor
or (b) any Person in which the Subsequent Contributor directly or
indirectly owns a majority voting interest.
   
[  ] D. "THIRD PARTY" means any third party except
for
any Person directly or indirectly controlled by the Subsequent
Contributor. For purposes of this definition, "control" shall mean
the power to direct or cause the direction of, the management and
policies of such Person whether through the ownership of voting
interests, by contract, or otherwise.
   
[  ] E. "THIRD PARTY" means any third party except
for
any Person directly or indirectly controlling, controlled
by, or under common control with the Subsequent Contributor. For
purposes of this definition, "control" shall mean the power to direct
or cause the direction of, the management and policies of such Person
whether through the ownership of voting interests, by contract,
or otherwise.

The default definition of "THIRD PARTY" is the definition set forth
in paragraph A, if NONE OR MORE THAN ONE of paragraphs A, B, C, D or
E in this Part 4 are selected by the Initial Contributor.

PART 5: NOTICE

THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THE ADAPTIVE PUBLIC
LICENSE ("LICENSE") AS FIRST COMPLETED BY: ______________________ [Insert
the name of the Initial Contributor here]
. ANY USE, PUBLIC DISPLAY,
PUBLIC PERFORMANCE, REPRODUCTION OR DISTRIBUTION OF, OR PREPARATION
OF DERIVATIVE WORKS BASED ON, THE LICENSED WORK CONSTITUTES RECIPIENT'S
ACCEPTANCE OF THIS LICENSE AND ITS TERMS, WHETHER OR NOT SUCH RECIPIENT
READS THE TERMS OF THE LICENSE. "LICENSED WORK" AND "RECIPIENT" ARE
DEFINED IN THE LICENSE. A COPY OF THE LICENSE IS LOCATED IN THE TEXT
FILE ENTITLED "LICENSE.TXT" ACCOMPANYING THE CONTENTS OF THIS FILE.
IF A COPY OF THE LICENSE DOES NOT ACCOMPANY THIS FILE, A COPY OF THE
LICENSE MAY ALSO BE OBTAINED AT THE FOLLOWING WEB SITE: ___________________________________________________
[Insert Initial Contributor's Designated Web Site here]

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.

PART 6: PATENT LICENSING TERMS

For the purposes of this License, paragraphs A, B, C, D and E of this
Part 6 of Exhibit A are only incorporated and form part of the terms
of the License if the Initial Contributor places an "X" or "x" in the
selection box alongside the YES answer to the question immediately below.

Is this a Patents-Included License pursuant to Section 2.2 of the License?

YES [      ]
NO [      ]

By default, if YES is not selected by the Initial Contributor, the
answer is NO.

A. For the purposes of the paragraphs in this Part 6 of Exhibit
A, "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 granted herein.

B. The Initial Contributor hereby grants all Recipients a
world-wide, royalty-free, non-exclusive license, subject to third
party intellectual property claims, under patent claim(s) Licensable
by the Initial Contributor that are or would be infringed by the making,
using, selling, offering for sale, having made, importing, exporting,
transfer or disposal of such Initial Work or any portion thereof.
Notwithstanding the foregoing, no patent license is granted under
this Paragraph B by the Initial Contributor: (1) for any code that
the Initial Contributor deletes from the Initial Work (or any portion
thereof) distributed by the Initial Contributor prior to such distribution;
(2) for any Modifications made to the Initial Work (or any portion
thereof) by any other Person; or (3) separate from the Initial Work
(or portions thereof) distributed or made available by the Initial
Contributor.

C. Effective upon distribution by a Subsequent Contributor
to a Third Party of any Modifications made by that Subsequent Contributor,
such Subsequent Contributor hereby grants all Recipients a world-wide,
royalty-free, non-exclusive license, subject to third party intellectual
property claims, under patent claim(s) Licensable by such Subsequent
Contributor that are or would be infringed by the making, using, selling,
offering for sale, having made, importing, exporting, transfer or
disposal of any such Modifications made by that Subsequent Contributor
alone and/or in combination with its Subsequent Work (or portions
of such combination) to make, use, sell, offer for sale, have made,
import, export, transfer and otherwise dispose of:

(1) Modifications made by that Subsequent Contributor (or
portions thereof); and

(2) the combination of Modifications made by that Subsequent
Contributor with its Subsequent Work (or portions of such combination);

(collectively and in each case, the "SUBSEQUENT CONTRIBUTOR VERSION").

Notwithstanding the foregoing, no patent license is granted under
this Paragraph C by such Subsequent Contributor: (1) for any code
that such Subsequent Contributor deletes from the Subsequent Contributor
Version (or any portion thereof) distributed by the Subsequent Contributor
prior to such distribution; (2) for any Modifications made to the
Subsequent Contributor Version (or any portion thereof) by any other
Person; or (3) separate from the Subsequent Contributor Version (or
portions thereof) distributed or made available by the Subsequent
Contributor.

D. Effective upon distribution of any Licensed Work by a Distributor
to a Third Party, such Distributor hereby grants all Recipients a
world-wide, royalty-free, non-exclusive license, subject to third
party intellectual property claims, under patent claim(s) Licensable
by such Distributor that are or would be infringed by the making,
using, selling, offering for sale, having made, importing, exporting,
transfer or disposal of any such Licensed Work distributed by such
Distributor, to make, use, sell, offer for sale, have made, import,
export, transfer and otherwise dispose of such Licensed Work or portions
thereof (collectively and in each case, the "DISTRIBUTOR VERSION").
Notwithstanding the foregoing, no patent license is granted under
this Paragraph D by such Distributor: (1) for any code that such Distributor
deletes from the Distributor Version (or any portion thereof) distributed
by the Distributor prior to such distribution; (2) for any Modifications
made to the Distributor Version (or any portion thereof) by any other
Person; or (3) separate from the Distributor Version (or portions
thereof) distributed or made available by the Distributor.

E. If Recipient institutes patent litigation against another
Recipient (a "USER") with respect to a patent applicable to
a computer program or software (including a cross-claim or counterclaim
in a lawsuit, and whether or not any of the patent claims are directed
to a system, method, process, apparatus, device, product, article
of manufacture or any other form of patent claim), then any patent
or copyright license granted by that User to such Recipient under
this License or any other copy of this License shall terminate. The
termination shall be effective ninety (90) days after notice of termination
from User to Recipient, unless the Recipient withdraws the patent
litigation claim before the end of the ninety (90) day period. To
be effective, any such notice of license termination must include
a specific list of applicable patents and/or a copy of the copyrighted
work of User that User alleges will be infringed by Recipient upon
License termination. License termination is only effective with respect
to patents and/or copyrights for which proper notice has been given.

PART 7: SAMPLE REQUIREMENTS FOR THE DESCRIPTION OF DISTRIBUTED MODIFICATIONS

Each Subsequent Contributor (including the Initial Contributor where
the Initial Contributor qualifies as a Subsequent Contributor) is invited
(but not required) to cause each Subsequent Work created or contributed
to by that Subsequent Contributor to contain a file documenting the
changes such Subsequent Contributor made to create that Subsequent Work
and the date of any change.
//***EXHIBIT A ENDS HERE.***//