path: root/licenses/MonetDBPL-1.1

The MonetDB Public License

                      MonetDB Public License Version 1.1

   This License is a derivative of the [20]Mozilla Public License (MPL)
   Version 1.1, where the difference is that all references to "Mozilla"
   and "Netscape" have been changed to "MonetDB" and "CWI", and that the
   License has been made subject to the laws of The Netherlands.

1. Definitions.

   1.0.1. "Commercial Use"
          means distribution or otherwise making the Covered Code
          available to a third party.

   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 [21]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.

   1.8.1. "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 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 [22]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.

   1.10.1. "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.

   1.11. "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
          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" (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 issued under [23]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 more than fifty percent (50%) of the outstanding shares or
          beneficial ownership of such entity.

2. Source Code License.

  2.1. The Initial Developer Grant.

   The Initial Developer hereby grants You a world-wide, royalty-free,
   non-exclusive license, subject to third party intellectual property
   claims:
    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
       Code (or portions thereof) with or without Modifications, and/or
       as part of a Larger Work; and
    b. under Patents Claims infringed by the making, using or selling of
       Original Code, to make, have made, use, practice, sell, and offer
       for sale, and/or otherwise dispose of the Original Code (or
       portions thereof).
    c. the licenses granted in this Section 2.1 ([24]a) and ([25]b) are
       effective on the date Initial Developer first distributes Original
       Code under the terms of this License.
    d. Notwithstanding Section 2.1 ([26]b) above, no patent license is
       granted: 1) for code that You delete from the Original Code; 2)
       separate from the Original Code; or 3) 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 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 ([27]a) and 2.2 ([28]b) are
       effective on the date Contributor first makes Commercial Use of
       the Covered Code.
    d. Notwithstanding Section 2.2 ([29]b) above, no patent license is
       granted: 1) for any code that Contributor has deleted from the
       Contributor Version; 2) separate from the Contributor Version; 3)
       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 4) under Patent Claims
       infringed by Covered Code in the absence of Modifications made by
       that Contributor.

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 [30]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 [31]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 [32]3.5.

  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 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 are responsible for
   ensuring that the Source Code version remains available even if the
   Electronic Distribution Mechanism is maintained by a third party.

  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 Contributor has knowledge that a license under a third party's
   intellectual property rights is required to exercise the rights
   granted by such Contributor under Sections [33]2.1 or [34]2.2,
   Contributor 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 Contributor obtains such knowledge after the Modification is made
   available as described in Section [35]3.2, Contributor shall promptly
   modify the LEGAL file in all copies Contributor makes 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) Contributor APIs

   If Contributor's Modifications include an application programming
   interface and Contributor has knowledge of patent licenses which are
   reasonably necessary to implement that API, Contributor must also
   include this information in the legal file.

    (c) Representations.

   Contributor represents that, except as disclosed pursuant to Section
   3.4 ([36]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 [37]Exhibit A in each file of the
   Source Code. 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) where a user would
   be likely to look for such a notice. If You created one or more
   Modification(s) You may add your name as a Contributor to the notice
   described in [38]Exhibit A. You must also duplicate this License in
   any documentation for the Source Code where You describe recipients'
   rights or ownership rights relating to Covered Code. 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 than 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 Sections [39]3.1, [40]3.2, [41]3.3, [42]3.4 and
   [43]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 [44]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 or ownership rights
   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.

  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, judicial order, or regulation then You must: (a) comply with
   the terms of this License to the maximum extent possible; and (b)
   describe the limitations and the code they affect. Such description
   must be included in the legal file described in Section [45]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 [46]Exhibit A and to related Covered Code.

6. Versions of the License.

  6.1. New Versions

   Stichting Centrum voor Wiskunde en Informatica ("CWI") may publish
   revised and/or new versions of the License from time to time. Each
   version will be given a distinguishing version number.

  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 CWI. No one
   other than CWI 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 (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 "MonetDB", "CWI" or any confusingly similar phrase do not
   appear in your license (except to note that your license differs from
   this License) and (b) otherwise make it clear that Your version of the
   license contains terms which differ from the MonetDB Public License.
   (Filling in the name of the Initial Developer, Original Code or
   Contributor in the notice described in [47]Exhibit A shall not of
   themselves be deemed to be modifications of this License.)

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. 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.

   8.2. 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 [48]2.1 and/or [49]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 [50]2.1
       and/or [51]2.2 automatically terminate at the expiration of the 60
       day notice period specified above.
    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([52]b) and 2.2([53]b) are revoked effective as of the date You
       first made, used, sold, distributed, or had made, Modifications
       made by that Participant.

   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 [54]2.1 or [55]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 [56]8.1 or [57]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 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 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.

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 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 laws of The Netherlands and You hereby irrevocably agree that the
   Courts of Amsterdam, The Netherlands, are to have jurisdiction to
   settle any disputes which may arise out of or in connection with this
   License. The application of the United Nations Convention on Contracts
   for the International Sale of Goods is expressly excluded. Any law or
   regulation which provides that the language of a contract shall be
   construed against the drafter shall not apply to this License.

12. 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.

13. Multiple-licensed code

   Initial Developer may designate portions of the Covered Code as
   "Multiple-Licensed". "Multiple-Licensed" means that the Initial
   Developer permits you to utilize portions of the Covered Code under
   Your choice of the MonetDB Public License or the alternative licenses,
   if any, specified by the Initial Developer in the file described in
   [58]Exhibit A.

Exhibit A - MonetDB Public License.

"The contents of this file are subject to the MonetDB Public License
Version 1.1 (the "License"); you may not use this file except in
compliance with the License. You may obtain a copy of the License at
http://monetdb.cwi.nl/Legal/MonetDBLicense-1.1.html

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 ______________________________________.

The Initial Developer of the Original Code is ________________________.
Portions created by ______________________ are Copyright (C) ______
_______________________. All Rights Reserved.

Contributor(s): ______________________________________.

Alternatively, the contents of this file may be used under the terms
of the _____ license (the  "[___] License"), in which case the
provisions of [______] 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 [____] License and not to allow others to use
your version of this file under the MonetDB Public License, indicate
your decision by deleting the provisions above and replace them with
the notice and other provisions required by the [___] License. If you
do not delete the provisions above, a recipient may use your version
of this file under either the MonetDB Public License or the [___] License."

   NOTE: The text of this Exhibit A may differ slightly from the text of
   the notices in the Source Code files of the Original Code. You should
   use the text of this Exhibit A rather than the text found in the
   Original Code Source Code for Your Modifications.

   [59]� 1994-2005 CWI

References

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