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1 | BitTorrent Open Source License | ||
2 | |||
3 | Version 1.0 | ||
4 | |||
5 | This BitTorrent Open Source License (the "License") applies to the BitTorrent client and related software products as | ||
6 | well as any updates or maintenance releases of that software ("BitTorrent Products") that are distributed by | ||
7 | BitTorrent, Inc. ("Licensor"). Any BitTorrent Product licensed pursuant to this License is a Licensed Product. | ||
8 | Licensed Product, in its entirety, is protected by U.S. copyright law. This License identifies the terms under which | ||
9 | you may use, copy, distribute or modify Licensed Product. | ||
10 | |||
11 | Preamble | ||
12 | |||
13 | This Preamble is intended to describe, in plain English, the nature and scope of this License. However, this | ||
14 | Preamble is not a part of this license. The legal effect of this License is dependent only upon the terms of the | ||
15 | License and not this Preamble. | ||
16 | |||
17 | This License complies with the Open Source Definition and is derived from the Jabber Open Source License 1.0 (the | ||
18 | "JOSL"), which has been approved by Open Source Initiative. Sections 4(c) and 4(f)(iii) from the JOSL have been | ||
19 | dropped. | ||
20 | |||
21 | This License provides that: | ||
22 | |||
23 | 1. You may use, sell or give away the Licensed Product, alone or as a component of an aggregate software | ||
24 | distribution containing programs from several different sources. No royalty or other fee is required. | ||
25 | |||
26 | 2. Both Source Code and executable versions of the Licensed Product, including Modifications made by previous | ||
27 | Contributors, are available for your use. (The terms "Licensed Product," "Modifications," "Contributors" and "Source | ||
28 | Code" are defined in the License.) | ||
29 | |||
30 | 3. You are allowed to make Modifications to the Licensed Product, and you can create Derivative Works from it. | ||
31 | (The term "Derivative Works" is defined in the License.) | ||
32 | |||
33 | 4. By accepting the Licensed Product under the provisions of this License, you agree that any Modifications you | ||
34 | make to the Licensed Product and then distribute are governed by the provisions of this License. In particular, you | ||
35 | must make the Source Code of your Modifications available to others. | ||
36 | |||
37 | 5. You may use the Licensed Product for any purpose, but the Licensor is not providing you any warranty | ||
38 | whatsoever, nor is the Licensor accepting any liability in the event that the Licensed Product doesn't work properly | ||
39 | or causes you any injury or damages. | ||
40 | |||
41 | 6. If you sublicense the Licensed Product or Derivative Works, you may charge fees for warranty or support, or | ||
42 | for accepting indemnity or liability obligations to your customers. You cannot charge for the Source Code. | ||
43 | |||
44 | 7. If you assert any patent claims against the Licensor relating to the Licensed Product, or if you breach any | ||
45 | terms of the License, your rights to the Licensed Product under this License automatically terminate. | ||
46 | |||
47 | You may use this License to distribute your own Derivative Works, in which case the provisions of this License will | ||
48 | apply to your Derivative Works just as they do to the original Licensed Product. | ||
49 | |||
50 | Alternatively, you may distribute your Derivative Works under any other OSI-approved Open Source license, or under a | ||
51 | proprietary license of your choice. If you use any license other than this License, however, you must continue to | ||
52 | fulfill the requirements of this License (including the provisions relating to publishing the Source Code) for those | ||
53 | portions of your Derivative Works that consist of the Licensed Product, including the files containing Modifications. | ||
54 | |||
55 | New versions of this License may be published from time to time. You may choose to continue to use the license | ||
56 | terms in this version of the License or those from the new version. However, only the Licensor has the right to | ||
57 | change the License terms as they apply to the Licensed Product. | ||
58 | |||
59 | This License relies on precise definitions for certain terms. Those terms are defined when they are first used, and | ||
60 | the definitions are repeated for your convenience in a Glossary at the end of the License. | ||
61 | |||
62 | |||
63 | License Terms | ||
64 | |||
65 | 1. Grant of License From Licensor. Licensor hereby grants you a world-wide, royalty-free, non-exclusive | ||
66 | license, subject to third party intellectual property claims, to do the following: | ||
67 | |||
68 | a. Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by such | ||
69 | Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as | ||
70 | part of Derivative Works. | ||
71 | |||
72 | b. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for | ||
73 | sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any | ||
74 | such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of | ||
75 | Modifications or portions thereof or Derivative Works thereof. | ||
76 | |||
77 | |||
78 | 2. Grant of License to Modifications From Contributor. "Modifications" means any additions to or deletions from the | ||
79 | substance or structure of (i) a file containing Licensed Product, or (ii) any new file that contains any part of | ||
80 | Licensed Product. Hereinafter in this License, the term "Licensed Product" shall include all previous Modifications | ||
81 | that you receive from any Contributor. By application of the provisions in Section 4(a) below, each person or entity | ||
82 | who created or contributed to the creation of, and distributed, a Modification (a "Contributor") hereby grants you a | ||
83 | world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to do the | ||
84 | following: | ||
85 | |||
86 | 1. Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by such | ||
87 | Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as | ||
88 | part of Derivative Works. | ||
89 | |||
90 | 2. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for | ||
91 | sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any | ||
92 | such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of | ||
93 | Modifications or portions thereof or Derivative Works thereof. | ||
94 | |||
95 | |||
96 | 3. Exclusions From License Grant. Nothing in this License shall be deemed to grant any rights to trademarks, | ||
97 | copyrights, patents, trade secrets or any other intellectual property of Licensor or any Contributor except as | ||
98 | expressly stated herein. No patent license is granted separate from the Licensed Product, for code that you delete | ||
99 | from the Licensed Product, or for combinations of the Licensed Product with other software or hardware. No right is | ||
100 | granted to the trademarks of Licensor or any Contributor even if such marks are included in the Licensed Product. | ||
101 | Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this | ||
102 | License any code that Licensor otherwise would have a right to license. | ||
103 | |||
104 | |||
105 | 4. Your Obligations Regarding Distribution. | ||
106 | |||
107 | a. Application of This License to Your Modifications. As an express condition for your use of the Licensed | ||
108 | Product, you hereby agree that any Modifications that you create or to which you contribute, and which you | ||
109 | distribute, are governed by the terms of this License including, without limitation, Section 2. Any Modifications | ||
110 | that you create or to which you contribute may be distributed only under the terms of this License or a future | ||
111 | version of this License released under Section 7. You must include a copy of this License with every copy of the | ||
112 | Modifications you distribute. You agree not to offer or impose any terms on any Source Code or executable version of | ||
113 | the Licensed Product or Modifications that alter or restrict the applicable version of this License or the | ||
114 | recipients' rights hereunder. However, you may include an additional document offering the additional rights | ||
115 | described in Section 4(d). | ||
116 | |||
117 | b. Availability of Source Code. You must make available, under the terms of this License, the Source Code of | ||
118 | the Licensed Product and any Modifications that you distribute, either on the same media as you distribute any | ||
119 | executable or other form of the Licensed Product, or via a mechanism generally accepted in the software development | ||
120 | community for the electronic transfer of data (an "Electronic Distribution Mechanism"). The Source Code for any | ||
121 | version of Licensed Product or Modifications that you distribute must remain available for at least twelve (12) | ||
122 | months after the date it initially became available, or at least six (6) months after a subsequent version of said | ||
123 | Licensed Product or Modifications has been made available. You are responsible for ensuring that the Source Code | ||
124 | version remains available even if the Electronic Distribution Mechanism is maintained by a third party. | ||
125 | |||
126 | c. Intellectual Property Matters. | ||
127 | |||
128 | i. Third Party Claims. If you have knowledge that a license to a third | ||
129 | party's intellectual property right is required to exercise the rights granted by this License, you must include a | ||
130 | text file with the Source Code distribution titled "LEGAL" that describes the claim and the party making the claim in | ||
131 | sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after you make any | ||
132 | Modifications available as described in Section 4(b), you shall promptly modify the LEGAL file in all copies you make | ||
133 | available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) | ||
134 | reasonably calculated to inform those who received the Licensed Product from you that new knowledge has been | ||
135 | obtained. | ||
136 | |||
137 | ii. Contributor APIs. If your Modifications include an application | ||
138 | programming interface ("API") and you have knowledge of patent licenses that are reasonably necessary to implement | ||
139 | that API, you must also include this information in the LEGAL file. | ||
140 | |||
141 | iii. Representations. You represent that, except as disclosed pursuant to | ||
142 | 4(c)(i) above, you believe that any Modifications you distribute are your original creations and that you have | ||
143 | sufficient rights to grant the rights conveyed by this License. | ||
144 | |||
145 | d. Required Notices. You must duplicate this License in any documentation you provide along with the Source | ||
146 | Code of any Modifications you create or to which you contribute, and which you distribute, wherever you describe | ||
147 | recipients' rights relating to Licensed Product. You must duplicate the notice contained in Exhibit A (the "Notice") | ||
148 | in each file of the Source Code of any copy you distribute of the Licensed Product. If you created a Modification, | ||
149 | you may add your name as a Contributor to the Notice. If it is not possible to put the Notice in a particular Source | ||
150 | Code file due to its structure, then you must include such Notice in a location (such as a relevant directory file) | ||
151 | where a user would be likely to look for such a notice. You may choose to offer, and charge a fee for, warranty, | ||
152 | support, indemnity or liability obligations to one or more recipients of Licensed Product. However, you may do so | ||
153 | only on your own behalf, and not on behalf of the Licensor or any Contributor. You must make it clear that any such | ||
154 | warranty, support, indemnity or liability obligation is offered by you alone, and you hereby agree to indemnify the | ||
155 | Licensor and every Contributor for any liability incurred by the Licensor or such Contributor as a result of | ||
156 | warranty, support, indemnity or liability terms you offer. | ||
157 | |||
158 | e. Distribution of Executable Versions. You may distribute Licensed Product as an executable program under a | ||
159 | license of your choice that may contain terms different from this License provided (i) you have satisfied the | ||
160 | requirements of Sections 4(a) through 4(d) for that distribution, (ii) you include a conspicuous notice in the | ||
161 | executable version, related documentation and collateral materials stating that the Source Code version of the | ||
162 | Licensed Product is available under the terms of this License, including a description of how and where you have | ||
163 | fulfilled the obligations of Section 4(b), and (iii) you make it clear that any terms that differ from this License | ||
164 | are offered by you alone, not by Licensor or any Contributor. You hereby agree to indemnify the Licensor and every | ||
165 | Contributor for any liability incurred by Licensor or such Contributor as a result of any terms you offer. | ||
166 | |||
167 | f. Distribution of Derivative Works. You may create Derivative Works (e.g., combinations of some or all of the | ||
168 | Licensed Product with other code) and distribute the Derivative Works as products under any other license you select, | ||
169 | with the proviso that the requirements of this License are fulfilled for those portions of the Derivative Works that | ||
170 | consist of the Licensed Product or any Modifications thereto. | ||
171 | |||
172 | |||
173 | 5. Inability to Comply Due to Statute or Regulation. If it is impossible for you to comply with any of the | ||
174 | terms of this License with respect to some or all of the Licensed Product due to statute, judicial order, or | ||
175 | regulation, then you must (i) comply with the terms of this License to the maximum extent possible, (ii) cite the | ||
176 | statute or regulation that prohibits you from adhering to the License, and (iii) describe the limitations and the | ||
177 | code they affect. Such description must be included in the LEGAL file described in Section 4(d), and must be included | ||
178 | with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such | ||
179 | description must be sufficiently detailed for a recipient of ordinary skill at computer programming to be able to | ||
180 | understand it. | ||
181 | |||
182 | |||
183 | 6. Application of This License. This License applies to code to which Licensor or Contributor has attached the | ||
184 | Notice in Exhibit A, which is incorporated herein by this reference. | ||
185 | |||
186 | |||
187 | 7. Versions of This License. | ||
188 | |||
189 | a. New Versions. Licensor may publish from time to time revised and/or new versions of the License. | ||
190 | |||
191 | b. Effect of New Versions. Once Licensed Product has been published under a particular version of the License, | ||
192 | you may always continue to use it under the terms of that version. You may also choose to use such Licensed Product | ||
193 | under the terms of any subsequent version of the License published by Licensor. No one other than Licensor has the | ||
194 | right to modify the terms applicable to Licensed Product created under this License. | ||
195 | |||
196 | c. Derivative Works of this License. If you create or use a modified version of this License, which you may do | ||
197 | only in order to apply it to software that is not already a Licensed Product under this License, you must rename your | ||
198 | license so that it is not confusingly similar to this License, and must make it clear that your license contains | ||
199 | terms that differ from this License. In so naming your license, you may not use any trademark of Licensor or any | ||
200 | Contributor. | ||
201 | |||
202 | |||
203 | 8. Disclaimer of Warranty. LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY | ||
204 | OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED PRODUCT IS FREE | ||
205 | OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND | ||
206 | PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU (AND | ||
207 | NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS | ||
208 | DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED PRODUCT IS AUTHORIZED | ||
209 | HEREUNDER EXCEPT UNDER THIS DISCLAIMER. | ||
210 | |||
211 | |||
212 | 9. Termination. | ||
213 | |||
214 | a. Automatic Termination Upon Breach. This license and the rights granted hereunder will terminate | ||
215 | automatically if you fail to comply with the terms herein and fail to cure such breach within thirty (30) days of | ||
216 | becoming aware of the breach. All sublicenses to the Licensed Product that are properly granted shall survive any | ||
217 | termination of this license. Provisions that, by their nature, must remain in effect beyond the termination of this | ||
218 | License, shall survive. | ||
219 | |||
220 | b. Termination Upon Assertion of Patent Infringement. If you initiate litigation by asserting a patent | ||
221 | infringement claim (excluding declaratory judgment actions) against Licensor or a Contributor (Licensor or | ||
222 | Contributor against whom you file such an action is referred to herein as Respondent) alleging that Licensed Product | ||
223 | directly or indirectly infringes any patent, then any and all rights granted by such Respondent to you under Sections | ||
224 | 1 or 2 of this License shall terminate prospectively upon sixty (60) days notice from Respondent (the "Notice | ||
225 | Period") unless within that Notice Period you either agree in writing (i) to pay Respondent a mutually agreeable | ||
226 | reasonably royalty for your past or future use of Licensed Product made by such Respondent, or (ii) withdraw your | ||
227 | litigation claim with respect to Licensed Product against such Respondent. If within said Notice Period a reasonable | ||
228 | royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not | ||
229 | withdrawn, the rights granted by Licensor to you under Sections 1 and 2 automatically terminate at the expiration of | ||
230 | said Notice Period. | ||
231 | |||
232 | c. Reasonable Value of This License. If you assert a patent infringement claim against Respondent alleging | ||
233 | that Licensed Product directly or indirectly infringes any patent where such claim is resolved (such as by license or | ||
234 | settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses | ||
235 | granted by said Respondent under Sections 1 and 2 shall be taken into account in determining the amount or value of | ||
236 | any payment or license. | ||
237 | |||
238 | d. No Retroactive Effect of Termination. In the event of termination under Sections 9(a) or 9(b) above, all | ||
239 | end user license agreements (excluding licenses to distributors and resellers) that have been validly granted by you | ||
240 | or any distributor hereunder prior to termination shall survive termination. | ||
241 | |||
242 | |||
243 | 10. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), | ||
244 | CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER | ||
245 | OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF | ||
246 | ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR | ||
247 | MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE | ||
248 | POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY | ||
249 | RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO | ||
250 | NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY | ||
251 | NOT APPLY TO YOU. | ||
252 | |||
253 | |||
254 | 11. Responsibility for Claims. As between Licensor and Contributors, each party is responsible for claims and | ||
255 | damages arising, directly or indirectly, out of its utilization of rights under this License. You agree to work with | ||
256 | Licensor and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or | ||
257 | shall be deemed to constitute any admission of liability. | ||
258 | |||
259 | |||
260 | 12. U.S. Government End Users. The Licensed Product is a commercial item, as that term is defined in 48 C.F.R. | ||
261 | 2.101 (Oct. 1995), consisting of commercial computer software and commercial computer software documentation, as such | ||
262 | 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 | ||
263 | 227.7202-4 (June 1995), all U.S. Government End Users acquire Licensed Product with only those rights set forth | ||
264 | herein. | ||
265 | |||
266 | |||
267 | 13. Miscellaneous. This License represents the complete agreement concerning the subject matter hereof. If any | ||
268 | provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary | ||
269 | to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable | ||
270 | law, if any, provides otherwise), excluding its conflict-of-law provisions. You expressly agree that any litigation | ||
271 | relating to this license shall be subject to the jurisdiction of the Federal Courts of the Northern District of | ||
272 | California or the Superior Court of the County of Santa Clara, California (as appropriate), with venue lying in Santa | ||
273 | Clara County, California, with the losing party responsible for costs including, without limitation, court costs and | ||
274 | reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the | ||
275 | International Sale of Goods is expressly excluded. You and Licensor expressly waive any rights to a jury trial in | ||
276 | any litigation concerning Licensed Product or this License. Any law or regulation that provides that the language of | ||
277 | a contract shall be construed against the drafter shall not apply to this License. | ||
278 | |||
279 | |||
280 | 14. Definition of You in This License. You throughout this License, whether in upper or lower case, means an | ||
281 | individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a | ||
282 | future version of this License issued under Section 7. For legal entities, you includes any entity that controls, is | ||
283 | controlled by, or is under common control with you. For purposes of this definition, control means (i) the power, | ||
284 | direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) | ||
285 | ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. | ||
286 | |||
287 | |||
288 | 15. Glossary. All defined terms in this License that are used in more than one Section of this License are repeated | ||
289 | here, in alphabetical order, for the convenience of the reader. The Section of this License in which each defined | ||
290 | term is first used is shown in parentheses. | ||
291 | |||
292 | Contributor: Each person or entity who created or contributed to the creation of, and distributed, a Modification. | ||
293 | (See Section 2) | ||
294 | |||
295 | Derivative Works: That term as used in this License is defined under U.S. copyright law. (See Section 1(b)) | ||
296 | |||
297 | License: This BitTorrent Open Source License. (See first paragraph of License) | ||
298 | |||
299 | Licensed Product: Any BitTorrent Product licensed pursuant to this License. The term "Licensed Product" includes | ||
300 | all previous Modifications from any Contributor that you receive. (See first paragraph of License and Section 2) | ||
301 | |||
302 | Licensor: BitTorrent, Inc. (See first paragraph of License) | ||
303 | |||
304 | Modifications: Any additions to or deletions from the substance or structure of (i) a file containing Licensed | ||
305 | Product, or (ii) any new file that contains any part of Licensed Product. (See Section 2) | ||
306 | |||
307 | Notice: The notice contained in Exhibit A. (See Section 4(e)) | ||
308 | |||
309 | Source Code: The preferred form for making modifications to the Licensed Product, including all modules contained | ||
310 | therein, plus any associated interface definition files, scripts used to control compilation and installation of an | ||
311 | executable program, or a list of differential comparisons against the Source Code of the Licensed Product. (See | ||
312 | Section 1(a)) | ||
313 | |||
314 | You: This term is defined in Section 14 of this License. | ||
315 | |||
316 | |||
317 | EXHIBIT A | ||
318 | |||
319 | The Notice below must appear in each file of the Source Code of any copy you distribute of the Licensed Product or | ||
320 | any hereto. Contributors to any Modifications may add their own copyright notices to identify their own | ||
321 | contributions. | ||
322 | |||
323 | License: | ||
324 | |||
325 | The contents of this file are subject to the BitTorrent Open Source License Version 1.0 (the License). You may not | ||
326 | copy or use this file, in either source code or executable form, except in compliance with the License. You may | ||
327 | obtain a copy of the License at http://www.bittorrent.com/license/. | ||
328 | |||
329 | Software distributed under the License is distributed on an AS IS basis, WITHOUT WARRANTY OF ANY KIND, either express | ||
330 | or implied. See the License for the specific language governing rights and limitations under the License. | ||