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| 1 | +======================================================= |
| 2 | +Transitive Grace Period Public Licence ("TGPPL") v. 1.0 |
| 3 | +======================================================= |
| 4 | + |
| 5 | +This Transitive Grace Period Public Licence (the "License") applies to any |
| 6 | +original work of authorship (the "Original Work") whose owner (the |
| 7 | +"Licensor") has placed the following licensing notice adjacent to the |
| 8 | +copyright notice for the Original Work: |
| 9 | + |
| 10 | + *Licensed under the Transitive Grace Period Public Licence version 1.0* |
| 11 | + |
| 12 | +1. **Grant of Copyright License.** Licensor grants You a worldwide, |
| 13 | + royalty-free, non-exclusive, sublicensable license, for the duration of |
| 14 | + the copyright, to do the following: |
| 15 | + |
| 16 | + a. to reproduce the Original Work in copies, either alone or as part of a |
| 17 | + collective work; |
| 18 | + |
| 19 | + b. to translate, adapt, alter, transform, modify, or arrange the Original |
| 20 | + Work, thereby creating derivative works ("Derivative Works") based upon |
| 21 | + the Original Work; |
| 22 | + |
| 23 | + c. to distribute or communicate copies of the Original Work and Derivative |
| 24 | + Works to the public, with the proviso that copies of Original Work or |
| 25 | + Derivative Works that You distribute or communicate shall be licensed |
| 26 | + under this Transitive Grace Period Public Licence no later than 12 |
| 27 | + months after You distributed or communicated said copies; |
| 28 | + |
| 29 | + d. to perform the Original Work publicly; and |
| 30 | + |
| 31 | + e. to display the Original Work publicly. |
| 32 | + |
| 33 | +2. **Grant of Patent License.** Licensor grants You a worldwide, |
| 34 | + royalty-free, non-exclusive, sublicensable license, under patent claims |
| 35 | + owned or controlled by the Licensor that are embodied in the Original |
| 36 | + Work as furnished by the Licensor, for the duration of the patents, to |
| 37 | + make, use, sell, offer for sale, have made, and import the Original Work |
| 38 | + and Derivative Works. |
| 39 | + |
| 40 | +3. **Grant of Source Code License.** The term "Source Code" means the |
| 41 | + preferred form of the Original Work for making modifications to it and |
| 42 | + all available documentation describing how to modify the Original |
| 43 | + Work. Licensor agrees to provide a machine-readable copy of the Source |
| 44 | + Code of the Original Work along with each copy of the Original Work that |
| 45 | + Licensor distributes. Licensor reserves the right to satisfy this |
| 46 | + obligation by placing a machine-readable copy of the Source Code in an |
| 47 | + information repository reasonably calculated to permit inexpensive and |
| 48 | + convenient access by You for as long as Licensor continues to distribute |
| 49 | + the Original Work. |
| 50 | + |
| 51 | +4. **Exclusions From License Grant.** Neither the names of Licensor, nor the |
| 52 | + names of any contributors to the Original Work, nor any of their |
| 53 | + trademarks or service marks, may be used to endorse or promote products |
| 54 | + derived from this Original Work without express prior permission of the |
| 55 | + Licensor. Except as expressly stated herein, nothing in this License |
| 56 | + grants any license to Licensor's trademarks, copyrights, patents, trade |
| 57 | + secrets or any other intellectual property. No patent license is granted |
| 58 | + to make, use, sell, offer for sale, have made, or import embodiments of |
| 59 | + any patent claims other than the licensed claims defined in Section 2. No |
| 60 | + license is granted to the trademarks of Licensor even if such marks are |
| 61 | + included in the Original Work. Nothing in this License shall be |
| 62 | + interpreted to prohibit Licensor from licensing under terms different |
| 63 | + from this License any Original Work that Licensor otherwise would have a |
| 64 | + right to license. |
| 65 | + |
| 66 | +5. **External Deployment.** The term "External Deployment" means the use, |
| 67 | + distribution, or communication of the Original Work or Derivative Works |
| 68 | + in any way such that the Original Work or Derivative Works may be used by |
| 69 | + anyone other than You, whether those works are distributed or |
| 70 | + communicated to those persons or made available as an application |
| 71 | + intended for use over a network. As an express condition for the grants |
| 72 | + of license hereunder, You must treat any External Deployment by You of |
| 73 | + the Original Work or a Derivative Work as a distribution under section |
| 74 | + 1(c). |
| 75 | + |
| 76 | +6. **Attribution Rights.** You must retain, in the Source Code of any |
| 77 | + Derivative Works that You create, all copyright, patent, or trademark |
| 78 | + notices from the Source Code of the Original Work, as well as any notices |
| 79 | + of licensing and any descriptive text identified therein as an |
| 80 | + "Attribution Notice." You must cause the Source Code for any Derivative |
| 81 | + Works that You create to carry a prominent Attribution Notice reasonably |
| 82 | + calculated to inform recipients that You have modified the Original Work. |
| 83 | + |
| 84 | +7. **Warranty of Provenance and Disclaimer of Warranty.** Licensor warrants |
| 85 | + that the copyright in and to the Original Work and the patent rights |
| 86 | + granted herein by Licensor are owned by the Licensor or are sublicensed |
| 87 | + to You under the terms of this License with the permission of the |
| 88 | + contributor(s) of those copyrights and patent rights. Except as expressly |
| 89 | + stated in the immediately preceding sentence, the Original Work is |
| 90 | + provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, |
| 91 | + either express or implied, including, without limitation, the warranties |
| 92 | + of non-infringement, merchantability or fitness for a particular |
| 93 | + purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH |
| 94 | + YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this |
| 95 | + License. No license to the Original Work is granted by this License |
| 96 | + except under this disclaimer. |
| 97 | + |
| 98 | +8. **Limitation of Liability.** Under no circumstances and under no legal |
| 99 | + theory, whether in tort (including negligence), contract, or otherwise, |
| 100 | + shall the Licensor be liable to anyone for any indirect, special, |
| 101 | + incidental, or consequential damages of any character arising as a result |
| 102 | + of this License or the use of the Original Work including, without |
| 103 | + limitation, damages for loss of goodwill, work stoppage, computer failure |
| 104 | + or malfunction, or any and all other commercial damages or losses. This |
| 105 | + limitation of liability shall not apply to the extent applicable law |
| 106 | + prohibits such limitation. |
| 107 | + |
| 108 | +9. **Acceptance and Termination.** If, at any time, You expressly assented |
| 109 | + to this License, that assent indicates your clear and irrevocable |
| 110 | + acceptance of this License and all of its terms and conditions. If You |
| 111 | + distribute or communicate copies of the Original Work or a Derivative |
| 112 | + Work, You must make a reasonable effort under the circumstances to obtain |
| 113 | + the express assent of recipients to the terms of this License. This |
| 114 | + License conditions your rights to undertake the activities listed in |
| 115 | + Section 1, including your right to create Derivative Works based upon the |
| 116 | + Original Work, and doing so without honoring these terms and conditions |
| 117 | + is prohibited by copyright law and international treaty. Nothing in this |
| 118 | + License is intended to affect copyright exceptions and limitations |
| 119 | + (including 'fair use' or 'fair dealing'). This License shall terminate |
| 120 | + immediately and You may no longer exercise any of the rights granted to |
| 121 | + You by this License upon your failure to honor the conditions in Section |
| 122 | + 1(c). |
| 123 | + |
| 124 | +10. **Termination for Patent Action.** This License shall terminate |
| 125 | + automatically and You may no longer exercise any of the rights granted to |
| 126 | + You by this License as of the date You commence an action, including a |
| 127 | + cross-claim or counterclaim, against Licensor or any licensee alleging |
| 128 | + that the Original Work infringes a patent. This termination provision |
| 129 | + shall not apply for an action alleging patent infringement by |
| 130 | + combinations of the Original Work with other software or hardware. |
| 131 | + |
| 132 | +11. **Jurisdiction, Venue and Governing Law.** Any action or suit relating to |
| 133 | + this License may be brought only in the courts of a jurisdiction wherein |
| 134 | + the Licensor resides or in which Licensor conducts its primary business, |
| 135 | + and under the laws of that jurisdiction excluding its conflict-of-law |
| 136 | + provisions. The application of the United Nations Convention on Contracts |
| 137 | + for the International Sale of Goods is expressly excluded. Any use of the |
| 138 | + Original Work outside the scope of this License or after its termination |
| 139 | + shall be subject to the requirements and penalties of copyright or patent |
| 140 | + law in the appropriate jurisdiction. This section shall survive the |
| 141 | + termination of this License. |
| 142 | + |
| 143 | +12. **Attorneys' Fees.** In any action to enforce the terms of this License |
| 144 | + or seeking damages relating thereto, the prevailing party shall be |
| 145 | + entitled to recover its costs and expenses, including, without |
| 146 | + limitation, reasonable attorneys' fees and costs incurred in connection |
| 147 | + with such action, including any appeal of such action. This section shall |
| 148 | + survive the termination of this License. |
| 149 | + |
| 150 | +13. **Miscellaneous.** If any provision of this License is held to be |
| 151 | + unenforceable, such provision shall be reformed only to the extent |
| 152 | + necessary to make it enforceable. |
| 153 | + |
| 154 | +14. **Definition of "You" in This License.** "You" throughout this License, |
| 155 | + whether in upper or lower case, means an individual or a legal entity |
| 156 | + exercising rights under, and complying with all of the terms of, this |
| 157 | + License. For legal entities, "You" includes any entity that controls, is |
| 158 | + controlled by, or is under common control with you. For purposes of this |
| 159 | + definition, "control" means (i) the power, direct or indirect, to cause |
| 160 | + the direction or management of such entity, whether by contract or |
| 161 | + otherwise, or (ii) ownership of fifty percent (50%) or more of the |
| 162 | + outstanding shares, or (iii) beneficial ownership of such entity. |
| 163 | + |
| 164 | +15. **Right to Use.** You may use the Original Work in all ways not otherwise |
| 165 | + restricted or conditioned by this License or by law, and Licensor |
| 166 | + promises not to interfere with or be responsible for such uses by You. |
| 167 | + |
| 168 | +16. **Modification of This License.** This License is Copyright © 2007 Zooko |
| 169 | + Wilcox-O'Hearn. Permission is granted to copy, distribute, or communicate |
| 170 | + this License without modification. Nothing in this License permits You to |
| 171 | + modify this License as applied to the Original Work or to Derivative |
| 172 | + Works. However, You may modify the text of this License and copy, |
| 173 | + distribute or communicate your modified version (the "Modified License") |
| 174 | + and apply it to other original works of authorship subject to the |
| 175 | + following conditions: (i) You may not indicate in any way that your |
| 176 | + Modified License is the "Transitive Grace Period Public Licence" or |
| 177 | + "TGPPL" and you may not use those names in the name of your Modified |
| 178 | + License; and (ii) You must replace the notice specified in the first |
| 179 | + paragraph above with the notice "Licensed under <insert your license name |
| 180 | + here>" or with a notice of your own that is not confusingly similar to |
| 181 | + the notice in this License. |
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