The License
ACADEMIC DEVELOPMENT AND DISTRIBUTION LICENSE (ADDL) Version 1.0
1. DEFINITIONS
1.1. "Academic Work" means any publication including but not limited
to Books, Theses, Journal Articles, Conference Papers, and Research
Reports.
1.2. "Contributor" means each individual or entity that creates or
contributes to the creation of Modifications.
1.3. "Contributor Version" means the combination of the Original
Software, prior Modifications used by a Contributor (if any), and
the Modifications made by that particular Contributor.
1.4. "Covered Software" means (a) the Original Software, or (b)
Modifications, or (c) the combination of files containing Original
Software with files containing Modifications, in each case including
portions thereof.
1.5. "Executable" means the Covered Software in any form other than
Source Code.
1.6. "Initial Developer" means the individual or entity that first
makes Original Software available under this License.
1.7. "Larger Work" means a work which combines Covered Software or
portions thereof with code not governed by the terms of this
License.
1.8. "License" means this document.
1.9. "Licensable" means having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or
subsequently acquired, any and all of the rights conveyed herein.
1.10. "Modifications" means the Source Code and Executable form of
any of the following:
A. Any file that results from an addition to, deletion from or
modification of the contents of a file containing Original
Software or previous Modifications;
B. Any new file that contains any part of the Original Software
or previous Modification; or
C. Any new file that is contributed or otherwise made available
under the terms of this License.
1.11. "Original Software" means the Source Code and Executable form
of computer software code that is originally released under this
License.
1.12. "Participant" means the Initial Developer or Contributor
against whom You are assert Patent Claims, or those involved in any
ligitation.
1.13. "Patent Claims" means any patent claim(s), now owned or
hereafter acquired, including without limitation, method, process,
and apparatus claims, in any patent Licensable by grantor.
1.14. "Source Code" means (a) the common form of computer software
code in which modifications are made and (b) associated
documentation included in or with such code.
1.15. "You" (or "Your") means an individual or a legal entity
exercising rights under, and complying with all of the terms of,
this License. For legal entities, "You" includes any entity which
controls, is controlled by, or is under common control with You.
For purposes of this definition, "control" means (a) the power,
direct or indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (b) ownership of more
than fifty percent (50%) of the outstanding shares or beneficial
ownership of such entity.
2. LICENSE GRANTS
2.1. The Initial Developer Grant
Conditioned upon Your compliance with Section 3 below and subject to
third party intellectual property claims, the Initial Developer
hereby grants You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or
trademark) Licensable by Initial Developer, to use, reproduce,
modify, display, perform, sublicense and distribute the Original
Software (or portions thereof), with or without Modifications,
and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using or
selling of Original Software, to make, have made, use, practice,
sell, and offer for sale, and/or otherwise dispose of the
Original Software (or portions thereof).
(c) The licenses granted in Sections 2.1(a) and (b) are
effective on the date Initial Developer first distributes or
otherwise makes the Original Software available to a third party
under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is
granted: (1) for code that You delete from the Original
Software, or (2) for infringements caused by: (i) the
modification of the Original Software, or (ii) the combination
of the Original Software with other software or devices.
2.2. Contributor Grant
Conditioned upon Your compliance with Section 3 below and subject to
third party intellectual property claims, each Contributor hereby
grants You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or
trademark) Licensable by Contributor to use, reproduce, modify,
display, perform, sublicense and distribute the Modifications
created by such Contributor (or portions thereof), either on an
unmodified basis, with other Modifications, as Covered Software
and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or
selling of Modifications made by that Contributor either alone
and/or in combination with its Contributor Version (or portions
of such combination), to make, use, sell, offer for sale, have
made, and/or otherwise dispose of: (1) Modifications made by
that Contributor (or portions thereof); and (2) the combination
of Modifications made by that Contributor with its Contributor
Version (or portions of such combination).
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are
effective on the date Contributor first distributes or otherwise
makes the Modifications available to a third party.
(d) Notwithstanding Section 2.2(b) above, no patent license is
granted: (1) for any code that Contributor has deleted from the
Contributor Version; (2) for infringements caused by: (i) third
party modifications of Contributor Version, or (ii) the
combination of Modifications made by that Contributor with other
software (except as part of the Contributor Version) or other
devices; or (3) under Patent Claims infringed by Covered
Software in the absence of Modifications made by that
Contributor.
3. DISTRIBUTION OBLIGATIONS
3.1. Availability of Source Code
Any Covered Software that You distribute or otherwise make available
in Executable form must also be made available in Source Code form
and that Source Code form must be distributed only under the terms
of this License. You must include a copy of this License with every
copy of the Source Code form of the Covered Software You distribute
or otherwise make available. You must inform recipients of any such
Covered Software in Executable form as to how they can obtain such
Covered Software in Source Code form in a reasonable manner on or
through a medium customarily used for software exchange.
3.2. Modifications
The Modifications that You create or to which You contribute are
governed by the terms of this License. You represent that You
believe Your Modifications are Your original creation(s) and/or You
have sufficient rights to grant the rights conveyed by this License.
3.3. Required Notices
You must include a notice in each of Your Modifications that
identifies You as the Contributor of the Modification. You may not
remove or alter any copyright, patent or trademark notices contained
within the Covered Software, or any notices of licensing or any
descriptive text giving attribution to any Contributor or the
Initial Developer.
3.4. Application of Additional Terms
You may not offer or impose any terms on any Covered Software in
Source Code form that imposes restrictions in addition to those
applicable under this version of the License or the recipients'
rights hereunder. You may choose to offer, and to charge a fee for,
warranty, support, indemnity or liability obligations to one or more
recipients of Covered Software. 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.
3.5. Distribution of Executable Versions
You may distribute the Executable form of the Covered Software under
the terms of this License or under the terms of 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 form does not attempt to
limit or alter the recipient's rights in the Source Code form from
the rights set forth in this License. If You distribute the Covered
Software in Executable form 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
Contributor. You hereby agree to indemnify the Initial Developer
and every Contributor for any liability incurred by the Initial
Developer or such Contributor as a result of any such terms You
offer.
3.6. Larger Works
You may create a Larger Work by combining Covered Software 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
Software.
3.7. Academic Work
Should You publish any Academic Work which is based in full or in
part on the Covered Software which You have Modified, You must
ensure that any Modifications which You have made are also made
available in Source Code form and that Source Code form must be
distributed under terms compatible with this License. You must
inform recipients of any such Academic Work as to how they can
obtain such Covered Software in Source Code form in a reasonable
manner on or through a medium customarily used for software
exchange.
4. VERSIONS OF THE LICENSE
4.1. New Versions
The Initial Developer is the initial license steward and may publish
revised and/or new versions of this License from time to time. Each
version will be given a distinguishing version number. No one other
than the license steward has the right to modify this License.
4.2. Effect of New Versions
You may always continue to use, distribute or otherwise make the
Covered Software available under the terms of the version of the
License under which You originally received the Covered Software.
4.3. Applicability of New Versions
The Initial Developer has the right to use, distribute or otherwise
make the Covered Software available under the terms of the new
version of this License, provided that such terms do not restrict
Your rights under the current version, as described in Section 2.
5. DISCLAIMER OF WARRANTY
COVERED SOFTWARE 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 SOFTWARE 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
SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE 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 SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.
6. TERMINATION
6.1. This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to
cure such breach within 30 days of becoming aware of the breach.
Provisions which, by their nature, must remain in effect beyond the
termination of this License shall survive.
6.2. If You assert a patent infringement claim (excluding
declaratory judgment actions) against the Initial Developer or a
Contributor (the Participant) alleging that the "Participant
Software" (meaning the Contributor Version where the Participant is
a Contributor or the Original Software where the Participant is the
Initial Developer) directly or indirectly infringes any patent, then
any and all rights granted directly or indirectly to You by such
Participant, the Initial Developer (if the Initial Developer is not
the Participant) and all Contributors under Sections 2.1 and/or 2.2
of this License shall, upon 60 days notice from Participant
terminate prospectively and automatically at the expiration of such
60 day notice period, unless if within such 60 day period You
withdraw Your claim with respect to the Participant Software against
such Participant either unilaterally or pursuant to a written
agreement with Participant.
6.3. In the event of termination under Sections 6.1 or 6.2 above,
all end user licenses that have been validly granted by You or any
distributor hereunder prior to termination (excluding licenses
granted to You by any distributor) shall survive termination.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF
SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
8. U.S. GOVERNMENT END USERS
The Covered Software is a "commercial item," as that term is defined in
48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
software" (as that term is defined at 48 C.F.R. 252.227-7014(a)(1)) 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 Software with only those rights set forth
herein. This U.S. Government Rights clause is in lieu of, and
supersedes, any other FAR, DFAR, or other clause or provision that
addresses Government rights in computer software under this License.
9. MISCELLANEOUS
This License represents the complete agreement concerning subject matter
hereof. If any provision of this License is held to be unenforceable,
such provision shall be reformed only to the extent necessary to make it
enforceable. This License shall be governed by the law of the country
where the Participant is a citizen (or registered, in the case of
corporate entities), except to the extent applicable law, if any,
provides otherwise. Any litigation relating to this License shall be
subject to the jurisdiction of the nearest suitable courts to the
current residence or registered address of the Participant, except if
both parties agree to a change of venue prior to the commencement court
proceedings. Should a legal dispute arise, in which You are involved,
You agree to exhaust alternative means of dispute resolution, such as
mediation or arbitration, before resorting to litigation. Any law or
regulation which provides that the language of a contract shall be
construed against the drafter shall not apply to this License. You
agree that You alone are responsible for compliance with the export
control laws and regulations of any country involved when You use,
distribute or otherwise make available any Covered Software.
10. RESPONSIBILITY FOR CLAIMS
As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or indirectly, out
of its utilization of rights under this License and You agree to work
with Initial Developer and Contributors to distribute such
responsibility on an equitable basis. Nothing herein is intended or
shall be deemed to constitute any admission of liability.
11. APPLICATION OF THIS LICENSE
To apply this License to the Source Code, copy the text in Exhibit A to
the file or files required and modify it to suit the particular Original
Code. If it is not possible to include Exhibit A in the Source Code,
then the files covered by the License should be listed as an Appendix to
the copy of the License distributed with the software.
EXHIBIT A - Academic Development and Distribution License
The contents of this file are subject to the Academic Development
and Distribution License Version 1.0 (the "License"); you may not
use this file except in compliance with the License. You should
have received a copy of the License with this file. If you did not
then please contact whoever distributed this file too you, since
they may be in violation of the License, and this may affect your
rights under the License.
Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See
the License for the specific language governing rights and
limitations under the License.
The Initial Developer of the Original Software is ______________________.
Portions Copyright (C) ______ _______________________.
Contributor(s): ____________________________________.