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2 | OCLC Research Public License 2.0 | ||
3 | Terms & Conditions Of Use | ||
4 | May, 2002 | ||
5 | Copyright © 2002. OCLC Online Computer Library Center, Inc. All Rights Reserved | ||
6 | |||
7 | PLEASE READ THIS DOCUMENT CAREFULLY. BY DOWNLOADING OR USING THE CODE BASE AND/ | ||
8 | OR DOCUMENTATION ACCOMPANYING THIS LICENSE (THE "License"), YOU AGREE | ||
9 | TO THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE. | ||
10 | |||
11 | Section 1. Your Rights | ||
12 | |||
13 | Subject to these terms and conditions of this License, the OCLC Office of | ||
14 | Research (the "Original Contributor") and each subsequent contributor | ||
15 | (collectively with the Original Contributor, the "Contributors") | ||
16 | hereby grant you a non-exclusive, worldwide, no-charge, transferable license to | ||
17 | execute, prepare derivative works of, and distribute (internally and | ||
18 | externally), for commercial and noncommercial purposes, the original code | ||
19 | contributed by Original Contributor and all Modifications (collectively called | ||
20 | the "Program"). | ||
21 | |||
22 | Section 2. Definitions | ||
23 | |||
24 | A "Modification" to the Program is any addition to or deletion from | ||
25 | the contents of any file of the Program and any new file that contains any part | ||
26 | of the Program. If you make a Modification and distribute the Program | ||
27 | externally you are a "Contributor." The distribution of the Program | ||
28 | must be under the terms of this license including those in Section 3 below. | ||
29 | |||
30 | A "Combined Work" results from combining and integrating all or parts | ||
31 | of the Program with other code. A Combined Work may be thought of as having | ||
32 | multiple parents or being result of multiple lines of code development. | ||
33 | |||
34 | Section 3. Distribution Licensing Terms | ||
35 | |||
36 | A. General Requirements | ||
37 | Except as necessary to recognize third-party rights or third-party restriction | ||
38 | (see below), a distribution of the Program in any of the forms listed below | ||
39 | must not put any further restrictions on the recipient’s exercise of the | ||
40 | rights granted herein. | ||
41 | |||
42 | As a Contributor, you represent that your Modification(s) are your original | ||
43 | creation(s) and, to the best of your knowledge, no third party has any claim | ||
44 | (including but not limited to intellectual property claims) relating to your | ||
45 | Modification(s). You represent that each of your Modifications includes | ||
46 | complete details of any third-party right or other third-party restriction | ||
47 | associated with any part of your Modification (including a copy of any | ||
48 | applicable license agreement). | ||
49 | |||
50 | The Program must be distributed without charge beyond the costs of physically | ||
51 | transferring the files to the recipient. | ||
52 | |||
53 | This Warranty Disclaimer/Limitation of Liability must be prominently displayed | ||
54 | with every distribution of the Program in any form: | ||
55 | |||
56 | YOU AGREE THAT THE PROGRAM IS PROVIDED AS-IS, WITHOUT WARRANTY OF ANY KIND | ||
57 | (EITHER EXPRESS OR IMPLIED). ACCORDINGLY, OCLC MAKES NO WARRANTIES, | ||
58 | REPRESENTATIONS OR GUARANTEES, EITHER EXPRESS OR IMPLIED, AND DISCLAIMS ALL | ||
59 | SUCH WARRANTIES, REPRESENTATIONS OR GUARANTEES, INCLUDING, WITHOUT LIMITATION, | ||
60 | THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR | ||
61 | PURPOSE, AS TO: (A) THE FUNCTIONALITY OR NONINFRINGEMENT OF PROGRAM, ANY | ||
62 | MODIFICATION, A COMBINED WORK OR AN AGGREGATE WORK; OR (B) THE RESULTS OF ANY | ||
63 | PROJECT UNDERTAKEN USING THE PROGRAM, ANY MODIFICATION, A COMBINED WORK OR AN | ||
64 | AGGREGATE WORK. IN NO EVENT SHALL THE CONTRIBUTORS BE LIABLE FOR ANY DIRECT, | ||
65 | INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES | ||
66 | (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; | ||
67 | LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON | ||
68 | ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT | ||
69 | (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE | ||
70 | PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY WAIVE | ||
71 | ANY CLAIMS FOR DAMAGES OF ANY KIND AGAINST CONTRIBUTORS WHICH MAY RESULT FROM | ||
72 | YOUR USE OF THE PROGRAM. | ||
73 | |||
74 | B. Requirements for a Distribution of Modifiable Code | ||
75 | If you distribute the Program in a form to which the recipient can make | ||
76 | Modifications (e.g. source code), the terms of this license apply to use by | ||
77 | recipient. In addition, each source and data file of the Program and any | ||
78 | Modification you distribute must contain the following notice: | ||
79 | |||
80 | "Copyright (c) 2000- (insert then current year) OCLC Online Computer | ||
81 | Library Center, Inc. and other contributors. All rights reserved. The contents | ||
82 | of this file, as updated from time to time by the OCLC Office of Research, are | ||
83 | subject to OCLC Research Public License Version 2.0 (the "License"); | ||
84 | you may not use this file except in compliance with the License. You may obtain | ||
85 | a current copy of the License at http://purl.oclc.org/oclc/research/ORPL/. | ||
86 | Software distributed under the License is distributed on an "AS IS" | ||
87 | basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License | ||
88 | for the specific language governing rights and limitations under the License. | ||
89 | This software consists of voluntary contributions made by many individuals on | ||
90 | behalf of OCLC Research. For more information on OCLC Research, please see | ||
91 | http://www.oclc.org/research/. The Original Code is | ||
92 | ______________________________. The Initial Developer of the Original Code is | ||
93 | ________________________. Portions created by ______________________ are | ||
94 | Copyright (C) _____ _______________________. All Rights Reserved. Contributor | ||
95 | (s): ______________________________________." | ||
96 | |||
97 | C. Requirements for a Distribution of Non-modifiable Code | ||
98 | If you distribute the Program in a form to which the recipient cannot make | ||
99 | Modifications (e.g. object code), the terms of this license apply to use by | ||
100 | recipient and you must include the following statement in appropriate and | ||
101 | conspicuous locations: | ||
102 | |||
103 | "Copyright (c) 2000- (insert then current year) OCLC Online Computer | ||
104 | Library Center, Inc. and other contributors. All rights reserved." | ||
105 | |||
106 | In addition, the source code must be included with the object code distribution | ||
107 | or the distributor must provide the source code to the recipient upon request. | ||
108 | |||
109 | D. Requirements for a Combined Work Distribution | ||
110 | Distributions of Combined Works are subject to the terms of this license and | ||
111 | must be made at no charge to the recipient beyond the costs of physically | ||
112 | transferring the files to recipient. | ||
113 | |||
114 | A Combined Work may be distributed as either modifiable or non-modifiable code. | ||
115 | The requirements of Section 3.B or 3.C above (as appropriate) apply to such | ||
116 | distributions. | ||
117 | |||
118 | An "Aggregate Work" is when the Program exists, without integration, | ||
119 | with other programs on a storage medium. This License does not apply to | ||
120 | portions of an Aggregate Work which are not covered by the definition of | ||
121 | "Program" provided in this License. You are not forbidden from | ||
122 | selling an Aggregate Work. However, the Program contained in an Aggregate Work | ||
123 | is subject to this License. Also, should the Program be extracted from an | ||
124 | Aggregate Work, this License applies to any use of the Program apart from the | ||
125 | Aggregate Work. | ||
126 | |||
127 | Section 4. License Grant | ||
128 | |||
129 | For purposes of permitting use of your Modifications by OCLC and other | ||
130 | licensees hereunder, you hereby grant to OCLC and such other licensees the non- | ||
131 | exclusive, worldwide, royalty-free, transferable, sublicenseable license to | ||
132 | execute, copy, alter, delete, modify, adapt, change, revise, enhance, develop, | ||
133 | publicly display, distribute (internally and externally) and/or create | ||
134 | derivative works based on your Modifications (and derivative works thereof) in | ||
135 | accordance with these Terms. This Section 4 shall survive termination of this | ||
136 | License for any reason. | ||
137 | |||
138 | Section 5. Termination of Rights | ||
139 | |||
140 | This non-exclusive license (with respect to the grant from a particular | ||
141 | Contributor) automatically terminates for any entity that initiates legal | ||
142 | action for intellectual property infringement (with respect to the Program) | ||
143 | against such Contributor as of the initiation of such action. | ||
144 | |||
145 | If you fail to comply with this License, your rights (but not your obligations) | ||
146 | under this License shall terminate automatically unless you cure such breach | ||
147 | within thirty (30) days of becoming aware of the noncompliance. All sublicenses | ||
148 | granted by you which preexist such termination and are properly granted shall | ||
149 | survive such termination. | ||
150 | |||
151 | Section 6. Other Terms | ||
152 | |||
153 | Except for the copyright notices required above, you may not use any trademark | ||
154 | of any of the Contributors without the prior written consent of the relevant | ||
155 | Contributor. You agree not to remove, alter or obscure any copyright or other | ||
156 | proprietary rights notice contained in the Program. | ||
157 | |||
158 | All transfers of the Program or any part thereof shall be made in compliance | ||
159 | with U.S. import/export regulations or other restrictions of the U.S. | ||
160 | Department of Commerce, as well as other similar trade or commerce restrictions | ||
161 | which might apply. | ||
162 | |||
163 | Any patent obtained by any party covering the Program or any part thereof must | ||
164 | include a provision providing for the free, perpetual and unrestricted | ||
165 | commercial and noncommercial use by any third party. | ||
166 | |||
167 | If, as a consequence of a court judgment or settlement relating to intellectual | ||
168 | property infringement or any other cause of action, conditions are imposed on | ||
169 | you that contradict the conditions of this License, such conditions do not | ||
170 | excuse you from compliance with this License. If you cannot distribute the | ||
171 | Program so as to simultaneously satisfy your obligations under this License and | ||
172 | such other conditions, you may not distribute the Program at all. For example, | ||
173 | if a patent license would not permit royalty-free redistribution of the Program | ||
174 | by all those who receive copies directly or indirectly through you, you could | ||
175 | not satisfy both the patent license and this License, and you would be required | ||
176 | to refrain entirely from distribution of the Program. | ||
177 | |||
178 | If you learn of a third party claim or other restriction relating to a Program | ||
179 | you have already distributed you shall promptly redo your Program to address | ||
180 | the issue and take all reasonable steps to inform those who may have received | ||
181 | the Program at issue. An example of an appropriate reasonable step to inform | ||
182 | would be posting an announcement on an appropriate web bulletin board. | ||
183 | |||
184 | The provisions of this License are deemed to be severable, and the invalidity | ||
185 | or unenforceability of any provision shall not affect or impair the remaining | ||
186 | provisions which shall continue in full force and effect. In substitution for | ||
187 | any provision held unlawful, there shall be substituted a provision of similar | ||
188 | import reflecting the original intent of the parties hereto to the extent | ||
189 | permissible under law. | ||
190 | |||
191 | The Original Contributor from time to time may change this License, and the | ||
192 | amended license will apply to all copies of the Program downloaded after the | ||
193 | new license is posted. This License grants only the rights expressly stated | ||
194 | herein and provides you with no implied rights or licenses to the intellectual | ||
195 | property of any Contributor. | ||
196 | |||
197 | This License is the complete and exclusive statement of the agreement between | ||
198 | the parties concerning the subject matter hereof and may not be amended except | ||
199 | by the written agreement of the parties. This License shall be governed by and | ||
200 | construed in accordance with the laws of the State of Ohio and the United | ||
201 | States of America, without regard to principles of conflicts of law. | ||
202 | |||
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