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Thomas A. Alspaugh

Adaptive Public License
Version 1.0

Under Construction

Source: OSI text (2010Jul16)

Words, repeated phrases.

¶1¶1ṣ1THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THIS ADAPTIVE PUBLIC LICENSE (LICENSE). ¶1ṣ2ANY USE, REPRODUCTION OR DISTRIBUTION OF THE LICENSED WORK CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE TERMS OF THIS LICENSE. ¶1ṣ3LICENSED WORK AND RECIPIENT ARE DEFINED BELOW.

¶2¶2ṣ1IMPORTANT NOTE: ṣ1.1This License is adaptive, and the generic version or another version of an Adaptive Public License should not be relied upon to determine your rights and obligations under this License. ¶2ṣ2You must read the specific Adaptive Public License that you receive with the Licensed Work, as certain terms are defined at the outset by the Initial Contributor.

¶3¶3ṣ1See Section 2.2 below, Exhibit A attached, and any Suppfile.txt accompanying this License to determine the specific adaptive features applicable to this License. ¶3ṣ2For example, without limiting the foregoing,

1. (a) ṣ2.afor selected choice of law and jurisdiction see Part 3 of Exhibit A;
2. (b) ṣ2.bfor the selected definition of Third Party see Part 4 of Exhibit A; and
3. (c) ṣ2.cfor selected patent licensing terms (if any) see Section 2.2 below and Part 6 of Exhibit A.

1. §1DEFINITIONS.

1.1. §1.1§1.1¶1ṣ1CONTRIBUTION means:

1. (a) ṣ1.aIn the case of the Initial Contributor, the Initial Work distributed under this License by the Initial Contributor; and
2. (b) ṣ1.bIn the case of each Subsequent Contributor, the Subsequent Work originating from and distributed by such Subsequent Contributor.

1.2. §1.2§1.2¶1ṣ1DESIGNATED WEB SITE means the web site having the URL identified in Part 1 of Exhibit A, which URL may be changed by the Initial Contributor by posting on the current Designated Web Site the new URL for at least sixty (60) days.

1.3. §1.3§1.3¶1ṣ1DISTRIBUTOR means any Person that distributes the Licensed Work or any portion thereof to at least one Third Party.

1.4. §1.4§1.4¶1ṣ1ELECTRONIC DISTRIBUTION MECHANISM means any mechanism generally accepted in the software development community for the electronic transfer of data.

1.5. §1.5§1.5¶1ṣ1EXECUTABLE means the Licensed Work in any form other than Source Code.

1.6. §1.6§1.6¶1ṣ1GOVERNING JURISDICTION means the state, province or other legal jurisdiction identified in Part 3 of Exhibit A.

1.7. §1.7§1.7¶1ṣ1INDEPENDENT MODULE means a separate module of software and/or data that is not a derivative work of or copied from the Licensed Work or any portion thereof. §1.7¶1ṣ2In addition, a module does not qualify as an Independent Module but instead forms part of the Licensed Work if the module:

1. (a) ṣ2.ais embedded in the Licensed Work;
2. (b) ṣ2.bis included by reference in the Licensed Work other than by a function call or a class reference; or
3. (c) ṣ2.cmust be included or contained, in whole or in part, within a file directory or subdirectory actually containing files making up the Licensed Work.

1.8. §1.8§1.8¶1ṣ1INITIAL CONTRIBUTOR means the Person or entity identified as the Initial Contributor in the notice required by Part 1 of Exhibit A.

1.9. §1.9§1.9¶1ṣ1INITIAL WORK means the initial Source Code, object code (if any) and documentation for the computer program identified in Part 2 of Exhibit A, as such Source Code, object code and documentation is distributed under this License by the Initial Contributor.

1.10. §1.10§1.10¶1ṣ1LARGER WORK means a work that combines the Licensed Work or portions thereof with code not governed by this License.

1.11. §1.11§1.11¶1ṣ1LICENSED WORK means the Initial Work and/or any Subsequent Work, in each case including portions thereof.

1.12. §1.12§1.12¶1ṣ1LICENSE NOTICE has the meaning assigned in Part 5 of Exhibit A.

1.13. §1.13§1.13¶1ṣ1MODIFICATION or MODIFICATIONS means any change to and/or addition to the Licensed Work.

1.14. §1.14§1.14¶1ṣ1PERSON means an individual or other legal entity, including a corporation, partnership or other body.

1.15. §1.15§1.15¶1ṣ1RECIPIENT means any Person who receives or obtains the Licensed Work under this License (by way of example, without limiting the foregoing, any Subsequent Contributor or Distributor).

1.16. §1.16§1.16¶1ṣ1SOURCE CODE means the source code for a computer program, including the source code for all modules and components of the computer program, plus any associated interface definition files, and scripts used to control compilation and installation of an executable.

1.17. §1.17§1.17¶1ṣ1SUBSEQUENT CONTRIBUTOR means any Person that makes or contributes to the making of any Subsequent Work and that distributes that Subsequent Work to at least one Third Party.

1.18. §1.18§1.18¶1ṣ1SUBSEQUENT WORK means a work that has resulted or arises from changes to and/or additions to:

1. (a) ṣ1.athe Initial Work;
2. (b) ṣ1.bany other Subsequent Work; or
3. (c) ṣ1.cto any combination of the Initial Work and any such other Subsequent Work;

where such changes and/or additions originate from a Subsequent Contributor. §1.18¶1ṣ2A Subsequent Work will originate from a Subsequent Contributor if the Subsequent Work was a result of efforts by such Subsequent Contributor (or anyone acting on such Subsequent Contributor's behalf, such as, a contractor or other entity that is engaged by or under the direction of the Subsequent Contributor). §1.18¶1ṣ3For greater certainty, a Subsequent Work expressly excludes and shall not capture within its meaning any Independent Module.

1.19. §1.19§1.19¶1ṣ1SUPPLEMENT FILE means a file distributed with the Licensed Work having a file name suppfile.txt.

1.20. §1.20§1.20¶1ṣ1THIRD PARTY has the meaning assigned in Part 4 of Exhibit A.

2. §2LICENSE.

2.1. §2.1COPYRIGHT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.

(a) §2.1.a§2.1.a¶1ṣ1Subject to the terms of this License, the Initial Contributor hereby grants each Recipient a world-wide, royalty-free, non-exclusive copyright license to:

1. (i) ṣ1.ireproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Initial Work; and
2. (ii) ṣ1.iireproduce, publicly display, publicly perform, distribute, and sublicense any derivative works (if any) prepared by Recipient;

in Source Code and Executable form, either with other Modifications, on an unmodified basis, or as part of a Larger Work.

(b) §2.1.b§2.1.b¶1ṣ1Subject to the terms of this License, each Subsequent Contributor hereby grants each Recipient a world-wide, royalty-free, non-exclusive copyright license to:

1. (i) ṣ1.ireproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Subsequent Work of such Subsequent Contributor; and
2. (ii) ṣ1.iireproduce, publicly display, publicly perform, distribute, and sublicense any derivative works (if any) prepared by Recipient;

in Source Code and Executable form, either with other Modifications, on an unmodified basis, or as part of a Larger Work.

2.2. §2.2PATENT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.

(a) §2.2.a§2.2.a¶1ṣ1This License does not include or grant any patent license whatsoever from the Initial Contributor, Subsequent Contributor, or any Distributor unless, at the time the Initial Work is first distributed or made available under this License (as the case may be), the Initial Contributor has selected pursuant to Part 6 of Exhibit A the patent terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A. §2.2.a¶1ṣ2If this is not done then the Initial Work and any other Subsequent Work is made available under the License without any patent license (the PATENTS-EXCLUDED LICENSE).

(b) §2.2.b§2.2.b¶1ṣ1However, the Initial Contributor may subsequently distribute or make available (as the case may be) future copies of:

1. (1) ṣ1.1the Initial Work; or
2. (2) ṣ1.2any Licensed Work distributed by the Initial Contributor which includes the Initial Work (or any portion thereof) and/or any Modification made by the Initial Contributor;

available under a License which includes a patent license (the PATENTS-INCLUDED LICENSE) by selecting pursuant to Part 6 of Exhibit A the patent terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A, when the Initial Contributor distributes or makes available (as the case may be) such future copies under this License.

(c) §2.2.c§2.2.c¶1ṣ1If any Recipient receives or obtains one or more copies of the Initial Work or any other portion of the Licensed Work under the Patents-Included License, then all licensing of such copies under this License shall include the terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A and that Recipient shall not be able to rely upon the Patents-Excluded License for any such copies. §2.2.c¶1ṣ2However, all Recipients that receive one or more copies of the Initial Work or any other portion of the Licensed Work under a copy of the License which includes the Patents-Excluded License shall have no patent license with respect to such copies received under the Patents-Excluded License and availability and distribution of such copies, including Modifications made by such Recipient to such copies, shall be under a copy of the License without any patent license.

(d) §2.2.d§2.2.d¶1ṣ1Where a Recipient uses in combination or combines any copy of the Licensed Work (or portion thereof) licensed under a copy of the License having a Patents-Excluded License with any copy of the Licensed Work (or portion thereof) licensed under a copy of the License having a Patents-Included License, the combination (and any portion thereof) shall, from the first time such Recipient uses, makes available or distributes the combination (as the case may be), be subject to only the terms of the License having the Patents-Included License which shall include the terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A.

2.3. §2.3ACKNOWLEDGEMENT AND DISCLAIMER.

§2.3¶1§2.3¶1ṣ1Recipient understands and agrees that although Initial Contributor and each Subsequent Contributor grants the licenses to its Contributions set forth herein, no representation, warranty, guarantee or assurance is provided by any Initial Contributor, Subsequent Contributor, or Distributor that the Licensed Work does not infringe the patent or other intellectual property rights of any other entity. §2.3¶1ṣ2Initial Contributor, Subsequent Contributor, and each Distributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise, in relation to the Licensed Works. §2.3¶1ṣ3As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. §2.3¶1ṣ4For example, without limiting the foregoing disclaimers, if a third party patent license is required to allow Recipient to distribute the Licensed Work, it is Recipient's responsibility to acquire that license before distributing the Licensed Work.

2.4. §2.4RESERVATION.

§2.4¶1§2.4¶1ṣ1Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Initial Contributor, Subsequent Contributor, or Distributor except as expressly stated herein.

3. §3DISTRIBUTION OBLIGATIONS.

3.1. §3.1DISTRIBUTION GENERALLY.

(a) §3.1.a§3.1.a¶1ṣ1A Subsequent Contributor shall make that Subsequent Contributor's Subsequent Work(s) available to the public via an Electronic Distribution Mechanism for a period of at least twelve (12) months. §3.1.a¶1ṣ2The aforesaid twelve (12) month period shall begin within a reasonable time after the creation of the Subsequent Work and no later than sixty (60) days after first distribution of that Subsequent Contributor's Subsequent Work.

(b) §3.1.b§3.1.b¶1ṣ1All Distributors must distribute the Licensed Work in accordance with the terms of the License, and must include a copy of this License (including without limitation Exhibit A and the accompanying Supplement File) with each copy of the Licensed Work distributed. §3.1.b¶1ṣ2In particular, this License must be prominently distributed with the Licensed Work in a file called license.txt. §3.1.b¶1ṣ3In addition, the License Notice in Part 5 of Exhibit A must be included at the beginning of all Source Code files, and viewable to a user in any executable such that the License Notice is reasonably brought to the attention of any party using the Licensed Work.

3.2. §3.2EXECUTABLE DISTRIBUTIONS OF THE LICENSED WORK.

§3.2¶1§3.2¶1ṣ1A Distributor may choose to distribute the Licensed Work, or any portion thereof, in Executable form (an EXECUTABLE DISTRIBUTION) to any third party, under the terms of Section 2 of this License, provided the Executable Distribution is made available under and accompanied by a copy of this License, AND provided at least ONE of the following conditions is fulfilled:

1. (a) ṣ1.aThe Executable Distribution must be accompanied by the Source Code for the Licensed Work making up the Executable Distribution, and the Source Code must be distributed on the same media as the Executable Distribution or using an Electronic Distribution Mechanism; or
2. (b) ṣ1.bThe Executable Distribution must be accompanied with a written offer, valid for at least thirty six (36) months, to give any third party under the terms of this License, for a charge no more than the cost of physically performing source distribution, a complete machine-readable copy of the Source Code for the Licensed Work making up the Executable Distribution, to be available and distributed using an Electronic Distribution Mechanism, and such Executable Distribution must remain available in Source Code form to any third party via the Electronic Distribution Mechanism (or any replacement Electronic Distribution Mechanism the particular Distributor may reasonably need to turn to as a substitute) for said at least thirty six (36) months.

§3.2¶2§3.2¶2ṣ1For greater certainty, the above-noted requirements apply to any Licensed Work or portion thereof distributed to any third party in Executable form, whether such distribution is made alone, in combination with a Larger Work or Independent Modules, or in some other combination.

3.3. §3.3SOURCE CODE DISTRIBUTIONS.

§3.3¶1§3.3¶1ṣ1When a Distributor makes the Licensed Work, or any portion thereof, available to any Person in Source Code form, it must be made available under this License and a copy of this License must be included with each copy of the Source Code, situated so that the copy of the License is conspicuously brought to the attention of that Person. §3.3¶1ṣ2For greater clarification, this Section 3.3 applies to all distribution of the Licensed Work in any Source Code form. §3.3¶1ṣ3A Distributor may charge a fee for the physical act of transferring a copy, which charge shall be no more than the cost of physically performing source distribution.

3.4. §3.4REQUIRED NOTICES IN SOURCE CODE.

§3.4¶1§3.4¶1ṣ1Each Subsequent Contributor must ensure that the notice set out in Part 5 of Exhibit A is included in each file of the Source Code for each Subsequent Work originating from that particular Subsequent Contributor, if such notice is not already included in each such file. §3.4¶1ṣ2If it is not possible to put such notice in a particular Source Code file due to its structure, then the Subsequent Contributor must include such notice in a location (such as a relevant directory in which the file is stored) where a user would be likely to look for such a notice.

3.5. §3.5NO DISTRIBUTION REQUIREMENTS FOR INTERNALLY USED MODIFICATIONS.

§3.5¶1§3.5¶1ṣ1Notwithstanding Sections 3.2, 3.3 and 3.4, Recipient may, internally within its own corporation or organization use the Licensed Work, including the Initial Work and Subsequent Works, and make Modifications for internal use within Recipient's own corporation or organization (collectively, INTERNAL USE MODIFICATIONS). §3.5¶1ṣ2The Recipient shall have no obligation to distribute, in either Source Code or Executable form, any such Internal Use Modifications made by Recipient in the course of such internal use, except where required below in this Section 3.5. §3.5¶1ṣ3All Internal Use Modifications distributed to any Person, whether or not a Third Party, shall be distributed pursuant to and be accompanied by the terms of this License. §3.5¶1ṣ4If the Recipient chooses to distribute any such Internal Use Modifications to any Third Party, then the Recipient shall be deemed a Subsequent Contributor, and any such Internal Use Modifications distributed to any Third Party shall be deemed a Subsequent Work originating from that Subsequent Contributor, and shall from the first such instance become part of the Licensed Work that must thereafter be distributed and made available to third parties in accordance with the terms of Sections 3.1 to 3.4 inclusive.

3.6. §3.6INDEPENDENT MODULES.

§3.6¶1§3.6¶1ṣ1This License shall not apply to Independent Modules of any Initial Contributor, Subsequent Contributor, Distributor or any Recipient, and such Independent Modules may be licensed or made available under one or more separate license agreements.

3.7. §3.7LARGER WORKS.

§3.7¶1§3.7¶1ṣ1Any Distributor or Recipient may create or contribute to a Larger Work by combining any of the Licensed Work with other code not governed by the terms of this License, and may distribute the Larger Work as one or more products. §3.7¶1ṣ2However, in any such case, Distributor or Recipient (as the case may be) must make sure that the requirements of this License are fulfilled for the Licensed Work portion of the Larger Work.

3.8. §3.8DESCRIPTION OF DISTRIBUTED MODIFICATIONS.

(a) §3.8.a§3.8.a¶1ṣ1Each Subsequent Contributor (including the Initial Contributor where the Initial Contributor also qualifies as a Subsequent Contributor) must cause each Subsequent Work created or contributed to by that Subsequent Contributor to contain a file documenting the changes, in accordance with the requirements of Part 1 of the Supplement File, that such Subsequent Contributor made in the creation or contribution to that Subsequent Work. §3.8.a¶1ṣ2If no Supplement File exists or no requirements are set out in Part 1 of the Supplement File, then there are no requirements for Subsequent Contributors to document changes that they make resulting in Subsequent Works.

(b) §3.8.b§3.8.b¶1ṣ1The Initial Contributor may at any time introduce requirements or add to or change earlier requirements (in each case, the EARLIER DESCRIPTION REQUIREMENTS) for documenting changes resulting in Subsequent Works by revising Part 1 of each copy of the Supplement File distributed by the Initial Contributor with future copies of the Licensed Work so that Part 1 then contains new requirements (the NEW DESCRIPTION REQUIREMENTS) for documenting such changes.

(c) §3.8.c§3.8.c¶1ṣ1Any Recipient receiving at any time any copy of an Initial Work or any Subsequent Work under a copy of this License (in each case, an Earlier LICENSED COPY) having the Earlier Description Requirements may choose, with respect to each such Earlier Licensed Copy, to comply with the Earlier Description Requirements or the New Description Requirements. §3.8.c¶1ṣ2Where a Recipient chooses to comply with the New Description Requirements, that Recipient will, when thereafter distributing any copies of any such Earlier Licensed Copy, include a Supplement File having a section entitled Part 1 that contains a copy of the New Description Requirements.

(d) §3.8.d§3.8.d¶1ṣ1For greater certainty, the intent of Part 1 of the Supplement File is to provide a mechanism (if any) by which Subsequent Contributors must document changes that they make to the Licensed Work resulting in Subsequent Works. §3.8.d¶1ṣ2Part 1 of any Supplement File shall not be used to increase or reduce the scope of the license granted in Article 2 of this License or in any other way increase or decrease the rights and obligations of any Recipient, and shall at no time serve as the basis for terminating the License. §3.8.d¶1ṣ3Further, a Recipient can be required to correct and change its documentation procedures to comply with Part 1 of the Supplement File, but cannot be penalised with damages. §3.8.d¶1ṣ4Part 1 of any Supplement File is only binding on each Recipient of any Licensed Work to the extent Part 1 sets out the requirements for documenting changes to the Initial Work or any Subsequent Work.

(e) §3.8.e§3.8.e¶1ṣ1An example of a set of requirements for documenting changes and contributions made by Subsequent Contributor is set out in Part 7 of Exhibit A of this License. §3.8.e¶1ṣ2Part 7 is a sample only and is not binding on Recipients, unless (subject to the earlier paragraphs of this Section 3.8) those are the requirements that the Initial Contributor includes in Part 1 of the Supplement File with the copies of the Initial Work distributed under this License.

3.9. §3.9USE OF DISTRIBUTOR NAME.

§3.9¶1§3.9¶1ṣ1The name of a Distributor may not be used by any other Distributor to endorse or promote the Licensed Work or products derived from the Licensed Work, without prior written permission.

3.10. §3.10LIMITED RECOGNITION OF INITIAL CONTRIBUTOR.

(a) §3.10.a§3.10.a¶1ṣ1As a modest attribution to the Initial Contributor, in the hope that its promotional value may help justify the time, money and effort invested in writing the Initial Work, the Initial Contributor may include in Part 2 of the Supplement File a requirement that each time an executable program resulting from the Initial Work or any Subsequent Work, or a program dependent thereon, is launched or run, a prominent display of the Initial Contributor's attribution information must occur (the ATTRIBUTION INFORMATION). §3.10.a¶1ṣ2The Attribution Information must be included at the beginning of each Source Code file. §3.10.a¶1ṣ3For greater certainty, the Initial Contributor may specify in the Supplement File that the above attribution requirement only applies to an executable program resulting from the Initial Work or any Subsequent Work, but not a program dependent thereon. §3.10.a¶1ṣ4The intent is to provide for reasonably modest attribution, therefore the Initial Contributor may not require Recipients to display, at any time, more than the following Attribution Information:

1. (a) ṣ4.aa copyright notice including the name of the Initial Contributor;
2. (b) ṣ4.ba word or one phrase (not exceeding 10 words);
3. (c) ṣ4.cone digital image or graphic provided with the Initial Work; and
4. (d) ṣ4.da URL (collectively, the ATTRIBUTION LIMITS).

(b) §3.10.b§3.10.b¶1ṣ1If no Supplement File exists, or no Attribution Information is set out in Part 2 of the Supplement File, then there are no requirements for Recipients to display any Attribution Information of the Initial Contributor.

(c) §3.10.c§3.10.c¶1ṣ1Each Recipient acknowledges that all trademarks, service marks and/or trade names contained within Part 2 of the Supplement File distributed with the Licensed Work are the exclusive property of the Initial Contributor and may only be used with the permission of the Initial Contributor, or under circumstances otherwise permitted by law, or as expressly set out in this License.

3.11. §3.11§3.11¶1ṣ1For greater certainty, any description or attribution provisions contained within a Supplement File may only be used to specify the nature of the description or attribution requirements, as the case may be. §3.11¶1ṣ2Any provision in a Supplement File that otherwise purports to modify, vary, nullify or amend any right, obligation or representation contained herein shall be deemed void to that extent, and shall be of no force or effect.

4. §4COMMERCIAL USE AND INDEMNITY.

4.1. §4.1COMMERCIAL SERVICES.

§4.1¶1§4.1¶1ṣ1A Recipient (COMMERCIAL RECIPIENT) may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations (collectively, SERVICES) to one or more other Recipients or Distributors. §4.1¶1ṣ2However, such Commercial Recipient may do so only on that Commercial Recipient's own behalf, and not on behalf of any other Distributor or Recipient, and Commercial Recipient must make it clear than any such warranty, support, indemnity or liability obligation(s) is/are offered by Commercial Recipient alone. §4.1¶1ṣ3At no time may Commercial Recipient use any Services to deny any party the Licensed Work in Source Code or Executable form when so required under any of the other terms of this License. §4.1¶1ṣ4For greater certainty, this Section 4.1 does not diminish any of the other terms of this License, including without limitation the obligation of the Commercial Recipient as a Distributor, when distributing any of the Licensed Work in Source Code or Executable form, to make such distribution royalty-free (subject to the right to charge a fee of no more than the cost of physically performing Source Code or Executable distribution (as the case may be)).

4.2. §4.2INDEMNITY.

§4.2¶1§4.2¶1ṣ1Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. §4.2¶1ṣ2While this License is intended to facilitate the commercial use of the Licensed Work, the Distributor who includes any of the Licensed Work in a commercial product offering should do so in a manner which does not create potential liability for other Distributors. §4.2¶1ṣ3Therefore, if a Distributor includes the Licensed Work in a commercial product offering or offers any Services, such Distributor (COMMERCIAL DISTRIBUTOR) hereby agrees to defend and indemnify every other Distributor or Subsequent Contributor (in each case an INDEMNIFIED PARTY) against any losses, damages and costs (collectively LOSSES) arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Party to the extent caused by the acts or omissions of such Commercial Distributor in connection with its distribution of any of the Licensed Work in a commercial product offering or in connection with any Services. §4.2¶1ṣ4The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. §4.2¶1ṣ5In order to qualify, an Indemnified Party must:

1. (a) ṣ5.apromptly notify the Commercial Distributor in writing of such claim; and
2. (b) ṣ5.ballow the Commercial Distributor to control, and co-operate with the Commercial Distributor in, the defense and any related settlement negotiations.

§4.2¶1ṣ6The Indemnified Party may participate in any such claim at its own expense.

5. §5VERSIONS OF THE LICENSE.

5.1. §5.1NEW VERSIONS.

§5.1¶1§5.1¶1ṣ1The Initial Contributor may publish revised and/or new versions of the License from time to time. §5.1¶1ṣ2Each version will be given a distinguishing version number.

5.2. §5.2EFFECT OF NEW VERSIONS.

§5.2¶1§5.2¶1ṣ1Once the Licensed Work or any portion thereof has been published by Initial Contributor under a particular version of the License, Recipient may choose to continue to use it under the terms of that version. §5.2¶1ṣ2However, if a Recipient chooses to use the Licensed Work under the terms of any subsequent version of the License published by the Initial Contributor, then from the date of making this choice, the Recipient must comply with the terms of that subsequent version with respect to all further reproduction, preparation of derivative works, public display of, public performance of, distribution and sublicensing by the Recipient in connection with the Licensed Work. §5.2¶1ṣ3No one other than the Initial Contributor has the right to modify the terms applicable to the Licensed Work

6. §6DISCLAIMER OF WARRANTY.

6.1. §6.1GENERAL DISCLAIMER.

§6.1¶1§6.1¶1ṣ1EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE LICENSED WORK IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE, ASSURANCE OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. §6.1¶1ṣ2THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED WORK IS WITH RECIPIENT. §6.1¶1ṣ3SHOULD ANY LICENSED WORK PROVE DEFECTIVE IN ANY RESPECT, RECIPIENT (NOT THE INITIAL CONTRIBUTOR OR ANY SUBSEQUENT CONTRIBUTOR) ASSUMES THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. §6.1¶1ṣ4THIS CLAUSE CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. §6.1¶1ṣ5NO USE OF ANY LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION THIS DISCLAIMER.

6.2. §6.2RESPONSIBILITY OF RECIPIENTS.

§6.2¶1§6.2¶1ṣ1Each Recipient is solely responsible for determining the appropriateness of using and distributing the Licensed Work and assumes all risks associated with its exercise of rights under this License, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.

7. §7TERMINATION.

7.1. §7.1§7.1¶1ṣ1This License shall continue until terminated in accordance with the express terms herein.

7.2. §7.2§7.2¶1ṣ1Recipient may choose to terminate this License automatically at any time.

7.3. §7.3§7.3¶1ṣ1This License, including without limitation the rights granted hereunder to a particular Recipient, will terminate automatically if such Recipient is in material breach of any of the terms of this License and fails to cure such breach within sixty (60) days of becoming aware of the breach. §7.3¶1ṣ2Without limiting the foregoing, any material breach by such Recipient of any term of any other License under which such Recipient is granted any rights to the Licensed Work shall constitute a material breach of this License.

7.4. §7.4§7.4¶1ṣ1Upon termination of this License by or with respect to a particular Recipient for any reason, all rights granted hereunder and under any other License to that Recipient shall terminate. §7.4¶1ṣ2However, all sublicenses to the Licensed Work which were previously properly granted by such Recipient under a copy of this License (in each case, an Other License and in plural, Other Licenses) shall survive any such termination of this License, including without limitation the rights and obligations under such Other Licenses as set out in their respective Sections 2, 3, 4, 5, 6, 7 and 8, mutatis mutandis, for so long as the respective sublicensees (i.e. other Recipients) remain in compliance with the terms of the copy of this License under which such sublicensees received rights to the Licensed Work. §7.4¶1ṣ3Any termination of such Other Licenses shall be pursuant to their respective Section 7, mutatis mutandis. §7.4¶1ṣ4Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.

7.5. §7.5§7.5¶1ṣ1Upon any termination of this License by or with respect to a particular Recipient, Sections 4.1, 4.2, 6.1, 6.2, 7.4, 7.5, 8.1, and 8.2, together with all provisions of this License necessary for the interpretation and enforcement of same, shall expressly survive such termination.

8. §8LIMITATION OF LIABILITY.

8.1. §8.1§8.1¶1ṣ1IN NO EVENT SHALL ANY OF INITIAL CONTRIBUTOR, ITS SUBSIDIARIES, OR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS (AS THE CASE MAY BE), HAVE ANY LIABILITY FOR ANY DIRECT DAMAGES, INDIRECT DAMAGES, PUNITIVE DAMAGES, INCIDENTAL DAMAGES, SPECIAL DAMAGES, EXEMPLARY DAMAGES, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA OR PROFITS, OR ANY OTHER LOSS ARISING OUT OF OR IN ANY WAY RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE LICENSED WORK OR ANY PART THEREOF OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) IN RELATION TO OR ARISING IN ANY WAY OUT OF THIS LICENSE OR THE USE OR DISTRIBUTION OF THE LICENSED WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. §8.1¶1ṣ2THIS 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. §8.1¶1ṣ3THIS CLAUSE CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. §8.1¶1ṣ4NO USE OF ANY LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION THE LIMITATIONS SET FORTH IN THIS SECTION 8.1.

8.2. §8.2§8.2¶1ṣ1EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, EACH RECIPIENT SHALL NOT HAVE ANY LIABILITY FOR ANY EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE LICENSED WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. §8.2¶1ṣ2THIS 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.

9. §9GOVERNING LAW AND LEGAL ACTION.

9.1. §9.1§9.1¶1ṣ1This License shall be governed by and construed in accordance with the laws of the Governing Jurisdiction assigned in Part 3 of Exhibit A, without regard to its conflict of law provisions. §9.1¶1ṣ2No party may bring a legal action under this License more than one year after the cause of the action arose. §9.1¶1ṣ3Each party waives its rights (if any) to a jury trial in any litigation arising under this License. §9.1¶1ṣ4Note that if the Governing Jurisdiction is not assigned in Part 3 of Exhibit A, then the Governing Jurisdiction shall be the State of New York.

9.2. §9.2§9.2¶1ṣ1The courts of the Governing Jurisdiction shall have jurisdiction, but not exclusive jurisdiction, to entertain and determine all disputes and claims, whether for specific performance, injunction, damages or otherwise, both at law and in equity, arising out of or in any way relating to this License, including without limitation, the legality, validity, existence and enforceability of this License. §9.2¶1ṣ2Each party to this License hereby irrevocably attorns to and accepts the jurisdiction of the courts of the Governing Jurisdiction for such purposes.

9.3. §9.3§9.3¶1ṣ1Except as expressly set forth elsewhere herein, in the event of any action or proceeding brought by any party against another under this License the prevailing party shall be entitled to recover all costs and expenses including the fees of its attorneys in such action or proceeding in such amount as the court may adjudge reasonable.

10. §10MISCELLANEOUS.

10.1. §10.1§10.1¶1ṣ1The obligations imposed by this License are for the benefit of the Initial Contributor and any Recipient, and each Recipient acknowledges and agrees that the Initial Contributor and/or any other Recipient may enforce the terms and conditions of this License against any Recipient.

10.2. §10.2§10.2¶1ṣ1This License represents the complete agreement concerning subject matter hereof, and supersedes and cancels all previous oral and written communications, representations, agreements and understandings between the parties with respect to the subject matter hereof.

10.3. §10.3§10.3¶1ṣ1The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

10.4. §10.4§10.4¶1ṣ1The language in all parts of this License shall be in all cases construed simply according to its fair meaning, and not strictly for or against any of the parties hereto. §10.4¶1ṣ2Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.

10.5. §10.5§10.5¶1ṣ1If any provision of this License is invalid or unenforceable under the laws of the Governing Jurisdiction, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

10.6. §10.6§10.6¶1ṣ1The paragraph headings of this License are for reference and convenience only and are not a part of this License, and they shall have no effect upon the construction or interpretation of any part hereof.

10.7. §10.7§10.7¶1ṣ1Each of the terms including, include and includes, when used in this License, is not limiting whether or not non-limiting language (such as without limitation or but not limited to or words of similar import) is used with reference thereto.

10.8. §10.8§10.8¶1ṣ1The parties hereto acknowledge they have expressly required that this License and notices relating thereto be drafted in the English language.

//***§10.9THE LICENSE TERMS END HERE (OTHER THAN AS SET OUT IN EXHIBIT A).***//

§11EXHIBIT A (to the Adaptive Public License)

§11.1PART 1: INITIAL CONTRIBUTOR AND DESIGNATED WEB SITE

§11.1¶4§11.1¶4ṣ1NOTE: The Initial Contributor is to complete this Part 1, along with Parts 2, 3, and 5, and, if applicable, Parts 4 and 6.

§11.2PART 2: INITIAL WORK

§11.3PART 3: GOVERNING JURISDICTION

§11.4PART 4: THIRD PARTIES

§11.4¶1§11.4¶1ṣ1For the purposes of this License, Third Party has the definition set forth below in the ONE paragraph selected by the Initial Contributor from paragraphs A, B, C, D and E when the Initial Work is distributed or otherwise made available by the Initial Contributor. §11.4¶1ṣ2To select one of the following paragraphs, the Initial Contributor must place an X or x in the selection box alongside the one respective paragraph selected.

SELECTION
BOX	PARAGRAPH
[ ]	A. §11.4¶A§11.4¶Aṣ1THIRD PARTY means any third party.
[ ]	B. §11.4¶B§11.4¶Bṣ1THIRD PARTY means any third party except for any of the following: (a) ṣ1.aa wholly owned subsidiary of the Subsequent Contributor in question; (b) ṣ1.ba legal entity (the PARENT) that wholly owns the Subsequent Contributor in question; or (c) ṣ1.ca wholly owned subsidiary of the wholly owned subsidiary in (a) or of the Parent in (b).
[ ]	C. §11.4¶C§11.4¶Cṣ1THIRD PARTY means any third party except for any of the following: ṣ1.1(a) any Person directly or indirectly owning a majority of the voting interest in the Subsequent Contributor or (b) any Person in which the Subsequent Contributor directly or indirectly owns a majority voting interest.
[ ]	D. §11.4¶D§11.4¶Dṣ1THIRD PARTY means any third party except for any Person directly or indirectly controlled by the Subsequent Contributor. §11.4¶Dṣ2For purposes of this definition, control shall mean the power to direct or cause the direction of, the management and policies of such Person whether through the ownership of voting interests, by contract, or otherwise.
[ ]	E. §11.4¶E§11.4¶Eṣ1THIRD PARTY means any third party except for any Person directly or indirectly controlling, controlled by, or under common control with the Subsequent Contributor. §11.4¶Eṣ2For purposes of this definition, control shall mean the power to direct or cause the direction of, the management and policies of such Person whether through the ownership of voting interests, by contract, or otherwise.

§11.4¶7§11.4¶7ṣ1The default definition of THIRD PARTY is the definition set forth in paragraph A, if NONE OR MORE THAN ONE of paragraphs A, B, C, D or E in this Part 4 are selected by the Initial Contributor.

§11.5PART 5: NOTICE

§11.6PART 6: PATENT LICENSING TERMS

§11.6¶1§11.6¶1ṣ1For the purposes of this License, paragraphs A, B, C, D and E of this Part 6 of Exhibit A are only incorporated and form part of the terms of the License if the Initial Contributor places an X or x in the selection box alongside the YES answer to the question immediately below.

§11.7PART 7: SAMPLE REQUIREMENTS FOR THE DESCRIPTION OF DISTRIBUTED MODIFICATIONS

§11.7¶1§11.7¶1ṣ1Each Subsequent Contributor (including the Initial Contributor where the Initial Contributor qualifies as a Subsequent Contributor) is invited (but not required) to cause each Subsequent Work created or contributed to by that Subsequent Contributor to contain a file documenting the changes such Subsequent Contributor made to create that Subsequent Work and the date of any change.

//***§11.8EXHIBIT A ENDS HERE.***//