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