XCHANGECORE PUBLIC LICENSE (VERSION 1.0)
THIS LICENSE COVERS USE OF THE CERTAIN SOFTWARE CODE RELEASED BY THE NATIONAL INSTITUTE FOR HOMETOWN SECURITY (NIHS) THROUGH THE XchangeCore PUBLIC SOFTWARE REPOSITORY [URL]. IF YOU DOWNLOAD OR USE THE CODE, YOU ACCEPT THIS LICENSE. IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT PERMITTED TO DOWNLOAD OR USE THE CODE.
- Definitions.
1.1 “Contributor” means each person or entity that creates or contributes to the creation of Modification(s).
1.2 “Contributor Version” means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3 "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case in whole or in part.
1.4 "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. "Executable" means Covered Code in any form other than Source Code.
1.6. "Initial Developer" means, for purposes of this Agreement, NIHS.
1.7. "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. "Licensable" means material or intellectual property to which the grantor has the legal right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, all of the rights therein.
1.9. "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is: (i) any addition to or deletion from the contents of a file containing Original Code or previous Modifications; or (ii) any new file that contains any part of the Original Code or previous Modifications.
1.10. "Original Code" means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.11. "Patent Rights" means any patent rights, now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any Licensable patent.
1.12. "Source Code" means the form of the Covered Code preferred for modification, including all modules, any associated definition files, scripts used to control compilation and installation of an Executable, or source code comparisons.
1.13 “Use” means distribution of the Covered Code by Licensee to a third party.
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 or a future version of this License. For legal entities, "You" includes any entity which 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.
- Source Code License.
2.1. NIHS Grant.
Subject to third party intellectual property claims, NIHS hereby grants You a worldwide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or trademark) Licensable by NIHS to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and
(b) under any Patent Rights infringed by the making, using, selling or importing of Original Code, to make, have made, use, import, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof). The licenses granted in this Section 2.1 are effective on the date Initial Developer first makes available Original Code under the terms of this License. Notwithstanding Section 2.1 (b) above, no patent license is granted for code that You delete from the Original Code; for code you separate from the Original Code; or for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, 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 Code and/or as part of a Larger Work; and
(b) under Patent Rights 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).
The licenses granted in Section 2.2 are effective on the date Contributor first makes Use of the Covered Code. Notwithstanding Section 2.2 (b) above, no patent license is granted for any code that Contributor has deleted from the Contributor version; any code You separate from the Contributor version; for infringements caused by: i) third party modifications of Contributor version or ii) the combination of Modifications made by that Contributor with other software or other devices; or under Patent Rights infringed by Covered Code in the absence of Modifications made by Contributor.
- Distribution Obligations.
3.1. Application of License. The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2 and the applicable Contributor Agreement. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder.
3.2. Availability of Source Code. Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to the XChangeCore Repository and to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, Modifications must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if you do not provide the Electronic Distribution Mechanism.
3.3. Notice Requirements. You must include, with every copy of the Covered Code You distribute, either a copy of this license or a hypertext link to an exact copy of this license, in a manner that is reasonably prominent and accessible by the recipient. If you include a hypertext link only, you must ensure that such link continues to be available for three years after the last distribution by you of the Covered Code. You must cause any of Your Modifications to carry prominent notices stating that You changed the files. You must retain, in the Source Code that You distribute, all copyright, patent, trademark, and attribution notices contained within the Source Code, including the License Block set forth on Exhibit A.
3.4. Intellectual Property Representation and Warranty. Contributor represents and warrants that, to the best of his knowledge, Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License and the applicable Contribution Agreement.
3.5. Indemnification for Additional Terms. You hereby indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer to any third party with respect to the Covered Code. You may place additional conditions upon the rights granted in this License only to the extent required by statute, judicial order, regulation or national security. Any such additional conditions must be clearly described in the notice provisions discussed in Section 3.3. Any alteration of the terms of this License will apply to all copies of the Covered Code distributed by you or by any downstream recipients that receive the Covered Code from you.
3.6. Distribution of Executable Versions. You may distribute Covered Code in Executable form only if all requirements of this Section 3 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of your distribution of Covered Code.
3.7. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License.
3.8 Application of this License. This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to Modifications.
- License Versions.
NIHS may publish revised and/or new versions of the License from time to time. Each version will be identified with the License. You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by NIHS. No one other than NIHS has the right to modify the terms applicable to Covered Code created under this License.
- Disclaimer of Warranty.
ORIGINAL CODE AND COVERED CODE 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 CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NONINFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE 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 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
- 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. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
6.2. If You initiate litigation by asserting a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that: a. such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days’ notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.
6.3. In the event of termination under Sections 6.1 or 6.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
- Limitation of Liability.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR 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.
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Waiver of Sovereign Immunity. The U.S. Government, States and Federallyrecognized Indian Tribes that use or distribute Covered Code hereby waive their sovereign immunity with respect to enforcement of the provisions of this License.
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Miscellaneous.
9.1. 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 to the extent necessary to make it enforceable.
9.2. If You are a government of a state of the United States, or Your use of the Covered Code is pursuant to a procurement contract with such a state government, this License shall be governed by the law of such state, excluding its conflict-of-law provisions, and the adjudication of disputes relating to this License will be subject to the exclusive jurisdiction of the state and federal courts located in such state.
9.3. If You are an agency of the United States federal government, or Your use of the Covered Code is pursuant to a procurement contract with such an agency, this License shall be governed by federal law for all purposes, and the adjudication of disputes relating to this License will be subject to the exclusive jurisdiction of the federal courts located in Washington, D.C.
9.4. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
9.5. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
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Responsibility for Claims. As between Initial Developer and the Contributors, each Contributor is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License. Nothing herein is intended or shall be deemed to constitute any admission of liability.
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Multi-licensed Code. Initial Developer may designate all or portions of the Covered Code as "Multi-Licensed". "Multi-Licensed" means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of this Public License or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.
Exhibit A
***** LICENSE BLOCK ***** Version: XchangeCore Public License 1.0 "The contents of this file are subject to the XchangeCore Public License Version 1.0 (the "License"). You may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.___________/license/ Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
The Original Code is GSC-15756-computer software “XchangeCore Software” or “XchangeCore”.
XchangeCore Original Code © [________] United States Government. The XchangeCore Software Program was developed with funds from the Department of Homeland Security’s Science and Technology Directorate and this license to XchangeCore Original Code is granted by the National Institute for Hometown Security under exclusive license. All rights reserved. Alternatively, the contents of this file may be used under the terms of the NIHS XchangeCore Proprietary License (the "Proprietary License"), in which case the provisions of the Proprietary License are applicable instead of those above. If you wish to allow use of your version of this file only under the terms of the Proprietary License and not to allow others to use your version of this file under the XchangeCore Public License, indicate your decision by deleting the provisions above and replace them with the notice and other provisions required by the Proprietary License. If you do not delete the provisions above, a recipient may use your version of this file under either the XchangeCore Public License or the Proprietary License. ***** END LICENSE BLOCK *****