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LICENCE.TXT
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VOIDWARE PUBLIC SOURCE LICENCE v1.0, 2012
1. General; Definitions. This Licence applies to any program or other work
which Voidware Ltd. ("Voidware") makes publicly available and which contains a
notice placed by Voidware identifying such program or work as "Original Code"
and stating that it is subject to the terms of this Voidware Public Source
Licence version 1.0 ("Licence"). As used in this Licence:
1.1 "Applicable Patent Rights" mean: (a) in the case where Voidware is the
grantor of rights, (i) claims of patents that are now or hereafter acquired,
owned by or assigned to Voidware and (ii) that cover subject matter contained
in the Original Code, but only to the extent necessary to use, reproduce and/or
distribute the Original Code without infringement; and (b) in the case where
You are the grantor of rights, (i) claims of patents that are now or hereafter
acquired, owned by or assigned to You and (ii) that cover subject matter in
Your Modifications, taken alone or in combination with Original Code.
1.2 "Contributor" means any person or entity that creates or contributes to the
creation of Modifications.
1.3 "Covered Code" means the Original Code, Modifications, the combination of
Original Code and any Modifications, and/or any respective portions thereof.
1.4 "Externally Deploy" means: (a) to distribute or otherwise make Covered Code
available, directly or indirectly, to anyone other than You; and/or (b) to use
Covered Code, alone or as part of a Larger Work, in any way to provide a
service, including but not limited to delivery of content, through electronic
communication with a client other than You.
1.5 "Larger Work" means a work which combines Covered Code or portions thereof
with code not governed by the terms of this Licence.
1.6 "Modifications" mean any addition to, deletion from, and/or change to, the
substance and/or structure of the Original Code, any previous Modifications,
the combination of Original Code and any previous Modifications, and/or any
respective portions thereof. When code is released as a series of files, a
Modification is: (a) any addition to or deletion from the contents of a file
containing Covered Code; and/or (b) any new file or other representation of
computer program statements that contains any part of Covered Code.
1.7 "Original Code" means (a) the Source Code of a program or other work as
originally made available by Voidware under this Licence, including the Source
Code of any updates or upgrades to such programs or works made available by
Voidware under this Licence, and that has been expressly identified by Voidware
as such in the header file(s) of such work; and (b) the object code compiled
from such Source Code and originally made available by Voidware under this
Licence
1.8 "Source Code" means the human readable form of a program or other work that
is suitable for making modifications to it, including all modules it contains,
plus any associated interface definition files, scripts used to control
compilation and installation of an executable (object code).
1.9 "You" or "Your" means an individual or a legal entity exercising rights
under this Licence. For legal entities, "You" or "Your" includes any entity
which controls, is controlled by, or is under common control with, You, where
"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 fifty percent (50%) or more of the outstanding shares or beneficial
ownership of such entity.
1.10 "Non-Commercial" means the distribution of software to any third party for
which no payment is made in connection with such distribution, whether directly
(including, without limitation, payment for a copy of the software) or
indirectly (including, without limitation, payment for a service related to the
software, or payment for a product or service that includes a copy of the
software "without charge").
2. Permitted Uses; Conditions & Restrictions. Subject to the terms and
conditions of this Licence, Voidware hereby grants You, effective on the date
You accept this Licence and acquire the Original Code, a world-wide,
royalty-free, non-exclusive licence, to the extent of Voidware's Applicable
Patent Rights and copyrights covering the Original Code, to do the following:
2.1 Unmodified Code. You may use, reproduce, display, perform, internally
distribute within Your organization, and Externally Deploy verbatim, unmodified
copies of the Original Code, for Non-Commercial purposes only, provided that in
each instance:
(a) You must retain and reproduce in all copies of Original Code the copyright
and other proprietary notices and disclaimers of Voidware as they appear in the
Original Code, and keep intact all notices in the Original Code that refer to
this Licence; and
(b) You must include a copy of this Licence with every copy of Source Code of
Covered Code and documentation You distribute or Externally Deploy, and You may
not offer or impose any terms on such Source Code that alter or restrict this
Licence or the recipients' rights hereunder, except as permitted under Section
6.
2.2 Modified Code. You may modify Covered Code and use, reproduce, display,
perform, internally distribute within Your organization, and Externally Deploy
Your Modifications and Covered Code, for Non-Commercial purposes only, provided
that in each instance You also meet all of these conditions:
(a) You must satisfy all the conditions of Section 2.1 with respect to the
Source Code of the Covered Code;
(b) You must duplicate, to the extent it does not already exist, the notice in
Exhibit A in each file of the Source Code of all Your Modifications, and cause
the modified files to carry prominent notices stating that You changed the
files and the date of any change; and
(c) If You Externally Deploy Your Modifications, You must make Source Code of
all Your Externally Deployed Modifications either available to those to whom
You have Externally Deployed Your Modifications, or publicly available. Source
Code of Your Externally Deployed Modifications must be released under the terms
set forth in this Licence, including the licence grants set forth in Section 3
below, for as long as you Externally Deploy the Covered Code or twelve (12)
months from the date of initial External Deployment, whichever is longer. You
should preferably distribute the Source Code of Your Externally Deployed
Modifications electronically (e.g. download from a web site).
2.3 Distribution of Executable Versions. In addition, if You Externally Deploy
Covered Code (Original Code and/or Modifications) in object code, executable
form only, You must include a prominent notice, in the code itself as well as
in related documentation, stating that Source Code of the Covered Code is
available under the terms of this Licence with information on how and where to
obtain such Source Code.
2.4 Third Party Rights. You expressly acknowledge and agree that although
Voidware and each Contributor grants the licences to their respective portions
of the Covered Code set forth herein, no assurances are provided by Voidware or
any Contributor that the Covered Code does not infringe the patent or other
intellectual property rights of any other entity. Voidware and each Contributor
disclaim any liability to You for claims brought by any other entity based on
infringement of intellectual property rights or otherwise. As a condition to
exercising the rights and licences granted hereunder, You hereby assume sole
responsibility to secure any other intellectual property rights needed, if
any. For example, if a third party patent licence is required to allow You to
distribute the Covered Code, it is Your responsibility to acquire that licence
before distributing the Covered Code.
3. Your Grants. In consideration of, and as a condition to, the licences
granted to You under this Licence, You hereby grant to any person or entity
receiving or distributing Covered Code under this Licence a non-exclusive,
royalty-free, perpetual, irrevocable licence, under Your Applicable Patent
Rights and other intellectual property rights (other than patent) owned or
controlled by You, to use, reproduce, display, perform, modify, distribute and
Externally Deploy Your Modifications of the same scope and extent as Voidware's
licences under Sections 2.1 and 2.2 above.
4. Larger Works. You may create a Larger Work by combining Covered Code with
other code not governed by the terms of this Licence and distribute the Larger
Work as a single product. In each such instance, You must make sure the
requirements of this Licence are fulfilled for the Covered Code or any portion
thereof.
5. Limitations on Patent Licence. Except as expressly stated in Section 2, no
other patent rights, express or implied, are granted by Voidware herein.
Modifications and/or Larger Works may require additional patent licences from
Voidware which Voidware may grant in its sole discretion.
6. Additional Terms. You may choose to offer, and to charge a fee for,
warranty, support, indemnity or liability obligations and/or other rights
consistent with the scope of the licence granted herein ("Additional Terms") to
one or more recipients of Covered Code. However, You may do so only on Your own
behalf and as Your sole responsibility, and not on behalf of Voidware or any
Contributor. You must obtain the recipient's agreement that any such Additional
Terms are offered by You alone, and You hereby agree to indemnify, defend and
hold Voidware and every Contributor harmless for any liability incurred by or
claims asserted against Voidware or such Contributor by reason of any such
Additional Terms.
7. Versions of the Licence. Voidware may publish revised and/or new versions
of this Licence from time to time. Each version will be given a distinguishing
version number. Once Original Code has been published under a particular
version of this Licence, You may continue to use it under the terms of that
version. You may also choose to use such Original Code under the terms of any
subsequent version of this Licence published by Voidware. No one other than
Voidware has the right to modify the terms applicable to Covered Code created
under this Licence.
8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part
pre-release, untested, or not fully tested works. The Covered Code may contain
errors that could cause failures or loss of data, and may be incomplete or
contain inaccuracies. You expressly acknowledge and agree that use of the
Covered Code, or any portion thereof, is at Your sole and entire risk. THE
COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF
ANY KIND AND VOIDWARE AND VOIDWARE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS
"VOIDWARE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY
DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF
SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF
QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. VOIDWARE AND EACH
CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE
COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR
REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY VOIDWARE, AN VOIDWARE AUTHORIZED
REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge
that the Covered Code is not intended for use in the operation of nuclear
facilities, aircraft navigation, communication systems, or air traffic control
machines in which case the failure of the Covered Code could lead to death,
personal injury, or severe physical or environmental damage.
9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
SHALL VOIDWARE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENCE OR
YOUR USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER
UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS
LIABILITY OR OTHERWISE, EVEN IF VOIDWARE OR SUCH CONTRIBUTOR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT
APPLY TO YOU.
10. Trademarks. This Licence does not grant any rights to use the trademarks
or trade name "Voidware" or any other trademarks, service marks, logos or
trade names belonging to Voidware (collectively "Voidware Marks") or to any
trademark, service mark, logo or trade name belonging to any Contributor. You
agree not to use any Voidware Marks in or as part of the name of products
derived from the Original Code or to endorse or promote products derived from
the Original Code other than as expressly permitted in writing from Voidware.
11. Ownership. Subject to the licences granted under this Licence, each
Contributor retains all rights, title and interest in and to any Modifications
made by such Contributor. Voidware retains all rights, title and interest in
and to the Original Code and any Modifications made by or on behalf of Voidware
("Voidware Modifications"), and such Voidware Modifications will not be
automatically subject to this Licence. Voidware may, at its sole discretion,
choose to license such Voidware Modifications under this Licence, or on
different terms from those contained in this Licence or may choose not to
license them at all.
12. Termination.
12.1 Termination. This Licence and the rights granted hereunder will
terminate:
(a) automatically without notice from Voidware if You fail to comply with any
term(s) of this Licence and fail to cure such breach within 30 days of becoming
aware of such breach;
(b) immediately in the event of the circumstances described in Section 13.5(b);
or
(c) automatically without notice from Voidware if You, at any time during the
term of this Licence, commence an action for patent infringement against
Voidware; provided that Voidware did not first commence an action for patent
infringement against You in that instance.
12.2 Effect of Termination. Upon termination, You agree to immediately stop
any further use, reproduction, modification and distribution of the Covered
Code. Any sublicences to the Covered Code which have been properly granted
prior to termination shall survive any termination of this Licence. Provisions
which, by their nature, should remain in effect beyond the termination of this
Licence shall survive, including but not limited to Sections 3, 5, 8, 9, 10,
11, 12.2 and 13. No party will be liable to any other for compensation,
indemnity or damages of any sort solely as a result of terminating this Licence
in accordance with its terms, and termination of this Licence will be without
prejudice to any other right or remedy of any party.
13. Miscellaneous.
13.1 Relationship of Parties. This Licence will not be construed as creating
an agency, partnership, joint venture or any other form of legal association
between or among You, Voidware or any Contributor, and You will not represent
to the contrary, whether expressly, by implication, appearance or otherwise.
13.2 Independent Development. Nothing in this Licence will impair Voidware's
right to acquire, license, develop, have others develop for it, market and/or
distribute technology or products that perform the same or similar functions
as, or otherwise compete with, Modifications, Larger Works, technology or
products that You may develop, produce, market or distribute.
13.3 Waiver; Construction. Failure by Voidware or any Contributor to enforce
any provision of this Licence will not be deemed a waiver of future enforcement
of that or any other provision. Any law or regulation which provides that the
language of a contract shall be construed against the drafter will not apply to
this Licence.
13.4 Severability. (a) If for any reason a court of competent jurisdiction
finds any provision of this Licence, or portion thereof, to be unenforceable,
that provision of the Licence will be enforced to the maximum extent
permissible so as to effect the economic benefits and intent of the parties,
and the remainder of this Licence will continue in full force and effect. (b)
Notwithstanding the foregoing, if applicable law prohibits or restricts You
from fully and/or specifically complying with Sections 2 and/or 3 or prevents
the enforceability of either of those Sections, this Licence will immediately
terminate and You must immediately discontinue any use of the Covered Code and
destroy all copies of it that are in your possession or control.
13.5 Dispute Resolution. Any litigation or other dispute resolution between
You and Voidware relating to this Licence shall take place in the UK and is
governed by and interpreted according to the laws of England & Wales and shall
be subject to the exclusive jurisdiction of the English courts.
13.6 Entire Agreement; Governing Law. This Licence constitutes the
entire agreement between the parties with respect to the subject
matter hereof. This Licence shall be governed by the laws of England
and Wales.
EXHIBIT A.
Portions Copyright (c) 2012 Voidware Ltd. All Rights Reserved.
This file contains Original Code and/or Modifications of Original Code as
defined in and that are subject to the Voidware Public Source Licence Version
1.0 (the 'Licence'). You may not use this file except in compliance with the
Licence or with expressly written permission from Voidware. Please obtain a
copy of the Licence at http://www.voidware.com/legal/vpsl1.txt and read it
before using this file.
The Original Code and all software distributed under the Licence are
distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, AND VOIDWARE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING
WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please see the Licence for the
specific language governing rights and limitations under the Licence.