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
described 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 Developer 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 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(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.
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.