Enhydra PUBLIC LICENSE
1.1. ``Contributor'' means each entity that creates or contributes to
the creation of Modifications.
2. Source Code License.
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
1.4. ``Electronic Distribution Mechanism'' means a mechanism generally
accepted in the software development community for the electronic transfer
1.5. ``Executable'' means Covered Code in any form other than Source
1.6. ``Initial Developer'' means the individual or entity identified
as the Initial Developer in the Source Code notice required by Exhibit
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.
1.9. ``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
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.
1.11. ``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 a list of source code differential comparisons
against either the Original Code or another well known, available Covered
Code of the Contributor's choice. The Source Code can be in a compressed or
archival form, provided the appropriate decompression or de-archiving software
is widely available for no charge.
1.12. ``You'' 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 fifty percent (50%) or more
of the outstanding shares or beneficial ownership of such entity.
2.1. The Initial Developer Grant.
3. Distribution Obligations.
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive
license, subject to third party intellectual property claims:
(a) to use, reproduce, modify, display, perform, sublicense and
distribute the Original Code (or portions thereof) with or without Modifications,
or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Initial
Developer, to make, have made, use and sell (``offer to sell and import'')
the Original Code (or portions thereof), but solely to the extent that any
such patent is reasonably necessary to enable You to Utilize the Original
Code (or portions thereof) and not to any greater extent that may be necessary
to Utilize further Modifications or combinations.
2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive
license, subject to third party intellectual property claims:
(a) 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
or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Contributor,
to Utilize the Contributor Version (or portions thereof), but solely to
the extent that any such patent is reasonably necessary to enable You to
Utilize the Contributor Version (or portions thereof), and not to any greater
extent that may be necessary to Utilize further Modifications or combinations.
3.1. Application of License.
4. Inability to Comply Due to Statute or Regulation.
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 notifying
the Initial Developer of the Modification and the location of the Source Code
if a contact means is provided. Lutris will be acting as maintainer of the
Source Code and may provide an Electronic Distribution mechanism for the Modification
to be made available. You can contact Lutris to make the Modification available
and to notify the Initial Developer. (http://www.lutris.com/)
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 You have knowledge that a party claims an intellectual property right
in particular functionality or code (or its utilization under this License),
you 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 you obtain such knowledge
after You make Your Modification available as described in Section 3.2,
You shall promptly modify the LEGAL file in all copies You make available
thereafter and shall take other steps (such as notifying appropriate mailing
lists or newsgroups) reasonably calculated to inform those who received
the Covered Code that new knowledge has been obtained.
(b) Contributor APIs.
If Your Modification is an application programming interface and You own
or control patents which are reasonably necessary to implement that API,
you must also include this information in the LEGAL file.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source
Code, and this License in any documentation for the Source Code, where You
describe recipients' rights relating to Covered Code. If You created one or
more Modification(s), You may add your name as a Contributor to the notice
described in Exhibit A. If it is not possible to put such notice in
a particular Source Code file due to its structure, then you must include
such notice in a location (such as a relevant directory file) where a user
would be likely to look for such a notice. 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 that 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 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. If you distribute executable
versions containing Covered Code, you must reproduce the notice in Exhibit
B in the documentation and/or other materials provided with the product.
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.
5. Application of this License.
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 or regulation
then You must: (a) comply with the terms of this License to the maximum extent
possible; and (b) Cite all of the statutes or regulations that prohibit you
from complying fully with this license. (c) 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.
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.
7. DISCLAIMER OF WARRANTY.
Lutris Technologies Inc. (``Lutris'') may publish revised and/or new versions
of the License from time to time. Each version will be given a distinguishing
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 Lutris. No one other than Lutris 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 ``Enhydra'',
``EnhydraPL'', ``Lutris'', ``EPL'' or any confusingly similar phrase do not
appear anywhere in your license and (b) otherwise make it clear that your
version of the license contains terms which differ from the Enhydra 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.)
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.
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.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE),
CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR,
OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES,
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL
NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S
NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
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.
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 the laws of the State of California, excluding its conflict-of-law provisions.
With respect to disputes in which at least one party is a citizen of, or an
entity chartered or registered to do business in, the United States of America:
(a) unless otherwise agreed in writing, all disputes relating to this License
(excepting any dispute relating to intellectual property rights) shall be subject
to final and binding arbitration, with the losing party paying all costs of
arbitration; (b) any arbitration relating to this Agreement shall be held in
San Francisco County, California, under the auspices of JAMS/EndDispute; and
(c) any litigation relating to this Agreement shall be subject to the jurisdiction
of the Federal Courts of the Northern District of California, with venue lying
in San Francisco County, California, with the losing party responsible for costs,
including without limitation, court costs and reasonable attorneys fees and
expenses. The application of the United Nations Convention on Contracts for
the International Sale of Goods is expressly excluded. Any law or regulation
which provides that the language of a contract shall be construed against the
drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
Except in cases where another Contributor has failed to comply with Section
3.4, You are responsible for damages arising, directly or indirectly,
out of Your utilization of rights under this License, based on the number of
copies of Covered Code you made available, the revenues you received from utilizing
such rights, and other relevant factors. You agree to work with affected parties
to distributwLutrise responsibility on an equitable basis.
Enhydra Java Application Server
The Initial Developer of the Original Code is Lutris Technologies Inc.
Portions created by Lutris are Copyright (C) 1997-2000 Lutris Technologies Inc.
All Rights Reserved.
The contents of this file are subject to the Enhydra Public License Version
1.0 (the "License"); you may not use this file except in compliance with the
License. You may obtain a copy of the License at http://www.enhydra.org/software/license/epl.html
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 of the software embedded in this product is Enhydra (Java/XML Application
Server), a trademark of Lutris Technologies Inc.
Portions created by Lutris are Copyright (C) 1997-2000 Lutris Technologies
(http://www.lutris.com). All Rights Reserved.
THE SOFTWARE IN THIS PRODUCT WAS IN PART PROVIDED BY LUTRIS AND ANY EXPRESS
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN
NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS;
OR BUSINESS INTERRUPTION) 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 OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.