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AIR-License-1_0.txt
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AMERICAN INSTITUTES FOR RESEARCH
OPEN SOURCE SOFTWARE LICENSE
Version 1.0
1. DEFINITIONS.
1.1 "Contributor" means each individual or entity that creates or contributes
to the creation of Modifications.
1.2. "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.
1.3. "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.
1.4. "Executable" means the Covered Software in any form other than Source
Code.
1.5. "Initial Developer" means the American Institutes for Research, the
entity responsible for developing the Original Software available under this
License.
1.6. "Larger Work" means a work that combines Covered Software or portions
thereof with code not governed by the terms of this License.
1.7. "License" means this open source software license.
1.8. "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.
1.9. "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.
1.10 "Open Source Repository" means the file archive and web hosting facility
that is maintained to store the Original Software and any Modifications
thereto or any designated, publicly available successor on-line storage and
retrieval service.
1.11. "Original Software" means the Source Code and Executable form of
computer software code, the components for which are listed in Exhibit A
hereto, that are originally released under this License.
1.12. "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.
1.13. "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.
1.14. "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 that 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. Initial Developer Grant. Conditioned upon Your compliance with Section
3.1 below and subject to third party intellectual property claims, Initial
Developer hereby grants You a nationwide (United States), perpetual,
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). The licenses granted in Sections 2.1(a) and (b) are effective, with
respect to the Original Software (or any portion thereof), on the date Initial
Developer first deposits such Original Software (or portion thereof) in the
Open Source Repository. 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 3.1
below and subject to third party intellectual property claims, each
Contributor hereby grants You a nationwide (United States), perpetual,
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 deposits its Modification(s) and/or Contributor
Version(s) in the Open Source Repository.
(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.
2.3. Reservation of Rights. You shall not have any rights to the Covered
Software other than those expressly granted to you herein; all other rights,
including but not limited to software derivative rights, are reserved to
Initial Developer or the relevant Contributor, if any.
2.4 Trademarks. This License does not grant permission to use the trade names,
trademarks, service marks, or product names of Initial Developer, except as
required for reasonable and customary use in describing the origin of the
Original Software and providing any required notices pursuant to Section 3.3
below.
3. DISTRIBUTION OBLIGATIONS.
3.1. Modifications. You shall deliver a copy of Your Modifications to the Open
Source Repository within ninety (90) days of Your creation or contribution
and, in any event (a) prior to your distribution of such Modifications to a
third party in any form; or (b) use of such Modifications to provide service
to a third party. 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.
3.2. 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 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 directly from the
Open Source Repository.
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 Initial Developer.
3.4. Application of Additional Terms. You may not offer or impose any terms on
any Covered Software that alters the applicable version of this 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 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 Initial Developer and every Contributor for any liability incurred
by Initial Developer or such Contributor as a result of warranty, support,
indemnity or liability terms You offer.
3.5. 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 and You
must make it absolutely clear that any terms that differ from this License for
the other code are offered by You alone and not by Initial Developer or a
Contributor. You hereby agree to indemnify Initial Developer and every
Contributor against any liability incurred by Initial Developer or such
Contributor as a result of any such terms You offer.
4. VERSIONS OF THE LICENSE.
4.1. New Versions. Initial Developer may make changes to or create new
versions of the Original Software (or portions thereof), which changes or
versions shall not constitute or be deemed to be Modifications (unless
contributed by Initial Developer to the Open Source Repository) and may be
subject to different licensing terms. Further, Initial Developer 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 Initial
Developer 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. If
Initial Developer includes a notice in the Original Software prohibiting it
from being distributed or otherwise made available under any subsequent
version of the License, You must distribute and make the Covered Software
available under the terms of the version of the License under which You
originally received the Covered Software. Otherwise, You may also choose to
use, distribute or otherwise make the Covered Software available under the
terms of any subsequent version of the License published by Initial Developer.
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
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 that, 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 Initial Developer or a Contributor (Initial Developer or the
Contributor against whom You assert such claim is referred to as
"Participant") alleging that the Participant Software (meaning the Contributor
Version where the Participant is a Contributor or the Original Software where
the Participant is Initial Developer) directly or indirectly infringes any
patent, then any and all rights granted directly or indirectly to You by such
Participant, Initial Developer (if 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,
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
jurisdiction specified in a notice contained within the Original Software
(except to the extent applicable law, if any, provides otherwise), excluding
such jurisdiction's conflict-of-law provisions. Any litigation relating to
this License shall be subject to the jurisdiction of the courts located in the
jurisdiction and venue specified in a notice contained within the Original
Software, 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 that
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 United States export administration
regulations (and the export control laws and regulation of any other
countries) 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.