OPEN PUBLIC LICENSE Version 1.0
1. Definitions.
1.1. "Contributor" means each entity that creates
or contributes to the creation of Modifications.
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 including portions thereof.
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 the individual
or entity identified as the Initial Developer in the Source Code notice
required by Exhibit A.
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. "License" means this document and the
corresponding addendum describe in section 6.4 below.
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:
A. Any addition to or deletion from the contents of a
file containing Original Code or previous Modifications.
B. 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. "Source Code" means the preferred form
of the Covered Code 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, or a list of
source code differential comparisons against either the Original Code
or another well known, available Covered Code of the Contributor's choice.
The Source Code can be in a compressed or archival form, provided the
appropriate decompression or de-archiving software is widely available
for no charge.
1.12. "You" 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 issued under Section
6.1. 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 fifty percent (50%) or more of the outstanding
shares or beneficial ownership of such entity.
1.13. "License Author" means Lutris Technologies,
Inc.
2. Source Code License.
2.1. The Initial Developer Grant. The Initial Developer
hereby grants You a worldwide, royalty-free, non-exclusive license, subject
to third party intellectual property claims:
(a) under intellectual property rights (other than patent
or trademark) to use, reproduce, modify, display, perform, sublicense
and distribute the Original Code (or portions thereof) with or without
Modifications, or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled
by Initial Developer, to make, have made, use and sell (``offer to sell
and import'') the Original Code (or portions thereof), but solely to the
extent that any such patent is reasonably necessary to enable You to Utilize
the Original Code (or portions thereof) and not to any greater extent
that may be necessary to Utilize further Modifications or combinations.
2.2. Contributor Grant. Each Contributor hereby grants
You a worldwide, royalty-free, non-exclusive license, subject to third
party intellectual property claims:
(a) under intellectual property rights (other than patent
or trademark) 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 or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled
by Contributor, to to make, have made, use and sell (``offer to sell and
import'') the Contributor Version (or portions thereof), but solely to
the extent that any such patent is reasonably necessary to enable You
to Utilize the Contributor Version (or portions thereof), and not to any
greater extent that may be necessary to Utilize further Modifications
or combinations.
3. 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. The Source Code version
of Covered Code may be distributed only under the terms of this License
or a future version of this License released under Section 6.1, and You
must include a copy of this License with every copy of the Source Code
You distribute. 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. However, You may include an additional
document offering the additional rights described in Section 3.5.
3.2. Availability of Source Code. Any Modification which
You create or to which You contribute must be made available, prior to
any use, except for internal development and practice, 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 anyone
to whom you made an Executable version available; and if made available
via Electronic Distribution Mechanism, 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 shall notify the
Initial Developer of the Modification and the location of the Source Code
via the contact means provided for in the Developer Specific license.
Initial Developer will be acting as maintainer of the Source Code and
may provide an Electronic Distribution mechanism for the Modification
to be made available.
3.3. Description of Modifications. You must cause all
Covered Code to which you contribute to contain a file documenting the
changes You made to create that Covered Code and the date of any change.
You must include a prominent statement that the Modification is derived,
directly or indirectly, from Original Code provided by the Initial Developer
and including the name of the Initial Developer in (a) the Source Code,
and (b) in any notice in an Executable version or related documentation
in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims. If You have knowledge that a
party claims an intellectual property right in particular functionality
or code (or its utilization under this License), you must include a text
file with the source code distribution titled "LEGAL" which
describes the claim and the party making the claim in sufficient detail
that a recipient will know whom to contact. If you obtain such knowledge
after You make Your Modification available as described in Section 3.2,
You shall promptly modify the LEGAL file in all copies You make available
thereafter and shall take other steps (such as notifying appropriate
mailing lists or newsgroups) reasonably calculated to inform those who
received the Covered Code that new knowledge has been obtained.
(b) Representations. Contributor represents that, except
as disclosed pursuant to Section 3.4(a) above, Contributor believes that
Contributor's Modifications are Contributor's original creation(s) and/or
Contributor has sufficient rights to grant the rights conveyed by this
License.
3.5. Required Notices. You must duplicate the notice
in Exhibit A in each file of the Source Code, and this License in any
documentation for the Source Code, where You describe recipients' rights
relating to Covered Code. If You created one or more Modification(s),
You may add your name as a Contributor to the notice described in Exhibit
A. If it is not possible to put such notice in a particular Source Code
file due to its structure, then you must include such notice in a location
(such as a relevant directory file) where a user would be likely to look
for such a notice. You may choose to offer, and to charge a fee for, warranty,
support, indemnity or liability obligations to one or more recipients
of Covered Code. However, You may do so only on Your own behalf, and not
on behalf of the 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
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.
3.6. Distribution of Executable Versions. You may distribute
Covered Code in Executable form only if the requirements of Section 3.1-3.5
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 3.2. 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 may distribute the Executable version of Covered Code
under a license of Your choice, which may contain terms different from
this License, provided that You are in compliance with the terms of this
License and that the license for the Executable version does not attempt
to limit or alter the recipient's rights in the Source Code version from
the rights set forth in this License. If You distribute the Executable
version under a different license You must make it absolutely clear that
any terms which differ from this License are offered by You alone, not
by the Initial Developer or any Contributor. 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 any such terms
You offer. If you distribute executable versions containing Covered Code,
you must reproduce the notice in Exhibit B in the documentation and/or
other materials provided with the product.
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
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 Code.
4. Inability to Comply Due to Statute
or Regulation.
If it is impossible for You to comply with any of the terms of this License
with respect to some or all of the Covered Code due to statute or regulation
then You must: (a) comply with the terms of this License to the maximum
extent possible; and (b) Cite all of the statutes or regulations that
prohibit you from complying fully with this license. (c) describe the
limitations and the code they affect. Such description must be included
in the LEGAL file described in Section 3.4 and must be included with all
distributions of the Source Code. Except to the extent prohibited by statute
or regulation, such description must be sufficiently detailed for a recipient
of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached
the notice in Exhibit A, and to related Covered Code.
6. Versions of the License.
6.1. New Versions. License Author may publish revised
and/or new versions of the License from time to time. Each version will
be given a distinguishing version number and shall be submitted to opensource.org
for certification.
6.2. Effect of New Versions. Once Covered Code has been
published under a particular version of 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 Initial Developer. No one other than Initial Developer has
the right to modify the terms applicable to Covered Code created under
this License.
6.3. Derivative Works. If you create or use a modified
version of this License, except in association with the required Devloper
Specific License described in section 6.4, (which you may only do in order
to apply it to code which is not already Covered Code governed by this
License), you must (a) rename Your license so that the phrases ``Open'',
``OpenPL'', ``OPL'' or any confusingly similar phrase do not appear anywhere
in your license and (b) otherwise make it clear that your version of the
license contains terms which differ from the Open Public License. (Filling
in the name of the Initial Developer, Original Code or Contributor in
the notice described in Exhibit A shall not of themselves be deemed to
be modifications of this License.)
6.4. Required Additional Developer Specific License This
license is a union of the following two parts that should be found as
text files in the same place (directory), in the order of preeminence:
[1] A Developer specific license.
[2] The contents of this file OPL_1_0.TXT, stating the
general licensing policy of the software.
In case of conflicting dispositions in the parts of this license, the
terms of the lower-numbered part will always be superseded by the terms
of the higher numbered part.
7. DISCLAIMER OF WARRANTY.
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 COVERED CODE 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 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.
8. TERMINATION.
8.1. Termination upon Breach 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 that,
by their nature, must remain in effect beyond the termination of this
License shall survive.
8.2. Termination Upon Litigation. If You initiate litigation
by asserting a patent infringement claim (excluding declatory 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
(b) any software, hardware, or device, other than such
Participant's Contributor Version, directly or indirectly infringes any
patent, then any rights granted to You by such Participant under Sections
2.1(b) and 2.2(b) are revoked effective as of the date You first
made, used, sold, distributed, or had made, Modifications made by that
Participant. above.
8.3. If You assert a patent infringement claim against
Participant alleging that such Participant's Contributor Version directly
or indirectly infringes any patent where such claim is resolved (such
as by license or settlement) prior to the initiation of patent infringement
litigation, then the reasonable value of the licenses granted by such
Participant under Sections 2.1 or 2.2 shall be taken into account in determining
the amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or
8.2 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.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY
OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER
OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY 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 THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a ``commercial item,'' as that term is defined in
48 C.F.R. 2.101 (Oct. 1995),consisting of ``commercial computer software''
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 Code with only those rights set forth herein.
11. MISCELLANEOUS.
This section was intentionally left blank. The contents of this section
are found in the corresponding addendum described above.
12. RESPONSIBILITY FOR CLAIMS.
Except in cases where another Contributor has failed to comply with Section
3.4, You are responsible for damages arising, directly or indirectly,
out of Your utilization of rights under this License, based on the number
of copies of Covered Code you made available, the revenues you received
from utilizing such rights, and other relevant factors. You agree to work
with affected parties to distribute with Initial Developer responsibility
on an equitable basis.
EXHIBIT A.
Text for this Exhibit A is found in the corresponding addendum, described
in section 6.4 above, text file provided by the Initial Developer. This
license is not valid or complete with out that file.
EXHIBIT B.
Text for this Exhibit B is found in the corresponding addendum, described
in section 6.4 above, text file provided by the Initial Developer. This
license is not valid or complete with out that file.
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