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HTML
<!DOCTYPE HTML PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd">
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<html xml:lang="en" xmlns="http://www.w3.org/1999/xhtml" lang="en"><head>
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<!--
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Copyright 2004-2010 H2 Group. Multiple-Licensed under the H2 License, Version 1.0,
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and under the Eclipse Public License, Version 1.0
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(http://h2database.com/html/license.html).
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Initial Developer: H2 Group
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-->
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<meta http-equiv="Content-Type" content="text/html; charset=UTF-8"><title>
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License
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<table class="nav" onmousemove="return mouseMove(event)"><tbody><tr class="nav"><td class="nav" valign="top">
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<div id="searchMenu" style="overflow: hidden; width: 180px;">
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<div class="menu">
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</div>
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<form action="submit" onsubmit="return goFirst();">
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<table class="search" width="100%">
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<tbody><tr class="search">
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<td class="search" colspan="2">
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</td>
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</tr>
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<tr class="search">
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<td class="search" colspan="2">
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<b>Search:</b>
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</td>
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</tr>
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<tr class="search">
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<td class="search" colspan="2">
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<input id="search" name="search" size="21" maxlength="100" onkeyup="listWords(this.value, '')" type="text"><br>
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<input id="clear" style="display: none;" value="Clear" onclick="listWords('', '');" type="reset">
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</td>
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</tr>
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<tr class="search" style="display: none;">
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<td class="search" style="width: 1%; vertical-align: middle;"><input id="highlight" checked="checked" onclick="highlightCurrent(this.checked, search.value)" type="checkbox"></td>
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<td class="search" style="padding: 0px; width: 99%; vertical-align: middle;">Highlight keyword(s)</td>
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</tr>
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<tr class="search">
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<td class="search" colspan="2">
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<table id="result" style="border: 0px none ;">
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<tbody><tr style="display: none;"><td></td></tr>
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</tbody></table>
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</td>
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</tr>
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</tbody></table>
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</form>
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<div class="menu">
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<b><a href="http://www.h2database.com/html/main.html">Home</a></b><br>
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<a href="http://www.h2database.com/html/download.html">Download</a><br>
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<a href="http://www.h2database.com/html/cheatSheet.html">Cheat Sheet</a><br>
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<br>
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<b>Documentation</b><br>
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<a href="http://www.h2database.com/html/quickstart.html">Quickstart</a><br>
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<a href="http://www.h2database.com/html/installation.html">Installation</a><br>
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<a href="http://www.h2database.com/html/tutorial.html">Tutorial</a><br>
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<a href="http://www.h2database.com/html/features.html">Features</a><br>
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<a href="http://www.h2database.com/html/performance.html">Performance</a><br>
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<a href="http://www.h2database.com/html/advanced.html">Advanced</a><br>
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<br>
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<b>Reference</b><br>
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<a href="http://www.h2database.com/html/grammar.html">SQL Grammar</a><br>
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<a href="http://www.h2database.com/html/functions.html">Functions</a><br>
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<a href="http://www.h2database.com/html/datatypes.html">Data Types</a><br>
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<a href="http://www.h2database.com/javadoc/index.html">Javadoc</a><br>
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<a href="http://www.h2database.com/h2.pdf">PDF (1 MB)</a><br>
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<br>
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<b>Support</b><br>
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<a href="http://www.h2database.com/html/faq.html">FAQ</a><br>
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<a href="http://www.h2database.com/html/sourceError.html">Error Analyzer</a><br>
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<a href="http://groups.google.com/group/h2-database">Google Group (English)</a><br>
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<a href="http://groups.google.co.jp/group/h2-database-jp">Google Group (Japanese)</a><br>
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<a href="http://groups.google.com/group/h2-cn">Google Group (Chinese)</a><br>
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<br>
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<b>Appendix</b><br>
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<a href="http://www.h2database.com/html/jaqu.html">JaQu</a><br>
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<a href="http://www.h2database.com/html/build.html">Build</a><br>
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<a href="http://www.h2database.com/html/history.html">History & Roadmap</a><br>
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<a href="http://www.h2database.com/html/links.html">Links</a><br>
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<a href="http://www.h2database.com/html/license.html">License</a><br>
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<br>
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</div>
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</div>
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</td>
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<td class="nav" style="cursor: e-resize;" onmousedown="return mouseDown(event)" onmouseup="return mouseUp(event)"> </td>
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<td class="nav"><div class="content">
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<!-- } -->
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<h1>License</h1>
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<h2>Summary and License FAQ</h2>
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<p>
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H2 is dual licensed and available under a modified version of the MPL 1.1 (<a href="http://www.mozilla.org/MPL">Mozilla Public License</a>) or under the (unmodified) EPL 1.0 (<a href="http://opensource.org/licenses/eclipse-1.0.php">Eclipse Public License</a>). The changes to the MPL are <em class="u">underlined</em>. There is a License FAQ for both the MPL and the EPL, most of that is applicable to the H2 License as well. </p>
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<ul>
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<li>You can use H2 for free. You can integrate it into your application
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(including commercial applications), and you can distribute it. </li><li>Files containing only your code are not covered by this license (it is 'commercial friendly'). </li><li>Modifications to the H2 source code must be published. </li><li>You don't need to provide the source code of H2 if you did not modify anything. </li></ul>
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<p> However, nobody is allowed to rename H2, modify it a little, and
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sell it as a database engine without telling the customers it is in
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fact H2. This happened to HSQLDB: a company called 'bungisoft' copied
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HSQLDB, renamed it to 'RedBase', and tried to sell it, hiding the fact
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that it was in fact just HSQLDB. It seems 'bungisoft' does not exist
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any more, but you can use the <a href="http://www.archive.org/">Wayback Machine</a> and visit old web pages of <code class="notranslate">http://www.bungisoft.com</code>. </p><p>
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About porting the source code to another language (for example C# or
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C++): converted source code (even if done manually) stays under the
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same copyright and license as the original code. The copyright of the
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ported source code does not (automatically) go to the person who ported
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the code. </p>
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<h2>H2 License, Version 1.0</h2>
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<h3 id="section-1">1. Definitions</h3>
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<p id="section-1.0.1"><b>1.0.1. "Commercial Use"</b>
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means distribution or otherwise making the Covered Code available to a third party. </p>
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<p id="section-1.1"><b>1.1. "Contributor"</b>
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means each entity that creates or contributes to the creation of Modifications. </p>
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<p id="section-1.2"><b>1.2. "Contributor Version"</b> means the
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combination of the Original Code, prior Modifications used by a
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Contributor, and the Modifications made by that particular Contributor.
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</p>
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<p id="section-1.3"><b>1.3. "Covered Code"</b> means the Original Code
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or Modifications or the combination of the Original Code and
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Modifications, in each case including portions thereof. </p>
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<p id="section-1.4"><b>1.4. "Electronic Distribution Mechanism"</b>
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means a mechanism generally accepted in the software development community for the electronic transfer of data. </p>
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<p id="section-1.5"><b>1.5. "Executable"</b>
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means Covered Code in any form other than Source Code. </p>
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<p id="section-1.6"><b>1.6. "Initial Developer"</b>
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means the individual or entity identified as the Initial Developer in the Source Code notice required by <a href="#exhibit-a">Exhibit A</a>. </p>
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<p id="section-1.7"><b>1.7. "Larger Work"</b>
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means a work which combines Covered Code or portions thereof with code not governed by the terms of this License. </p>
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<p id="section-1.8"><b>1.8. "License"</b>
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means this document. </p>
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<p id="section-1.8.1"><b>1.8.1. "Licensable"</b> means having the right
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to grant, to the maximum extent possible, whether at the time of the
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initial grant or subsequently acquired, any and all of the rights
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conveyed herein. </p>
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<p id="section-1.9"><b>1.9. "Modifications"</b> means any addition to
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or deletion from the substance or structure of either the Original Code
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or any previous Modifications. When Covered Code is released as a
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series of files, a Modification is: </p>
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<p id="section-1.9-a">1.9.a. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications. </p>
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<p id="section-1.9-b">1.9.b. Any new file that contains any part of the Original Code or previous Modifications. </p>
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<p id="section-1.10"><b>1.10. "Original Code"</b>
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means Source Code of computer software code which is described in the Source Code notice required by <a href="#exhibit-a">Exhibit A</a>
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as Original Code, and which, at the time of its release under this
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License is not already Covered Code governed by this License. </p>
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<p id="section-1.10.1"><b>1.10.1. "Patent Claims"</b> means any patent
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claim(s), now owned or hereafter acquired, including without
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limitation, method, process, and apparatus claims, in any patent
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Licensable by grantor. </p>
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<p id="section-1.11"><b>1.11. "Source Code"</b> means the preferred
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form of the Covered Code for making modifications to it, including all
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modules it contains, plus any associated interface definition files,
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scripts used to control compilation and installation of an Executable,
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or source code differential comparisons against either the Original
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Code or another well known, available Covered Code of the Contributor's
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choice. The Source Code can be in a compressed or archival form,
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provided the appropriate decompression or de-archiving software is
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widely available for no charge. </p>
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<p id="section-1.12"><b>1.12. "You" (or "Your")</b> means an individual
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or a legal entity exercising rights under, and complying with all of
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the terms of, this License or a future version of this License issued
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under <a href="#section-6.1">Section 6.1.</a>
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For legal entities, "You" includes any entity which controls, is
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controlled by, or is under common control with You. For purposes of
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this definition, "control" means (a) the power, direct or indirect, to
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cause the direction or management of such entity, whether by contract
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or otherwise, or (b) ownership of more than fifty percent (50%) of the
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outstanding shares or beneficial ownership of such entity. </p>
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<h3 id="section-2">2. Source Code License</h3>
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<h4 id="section-2.1">2.1. The Initial Developer Grant</h4>
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<p> The Initial Developer hereby grants You a world-wide, royalty-free,
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non-exclusive license, subject to third party intellectual property
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claims: </p>
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<p id="section-2.1-a">2.1.a. under intellectual property rights (other
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than patent or trademark) Licensable by Initial Developer to use,
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reproduce, modify, display, perform, sublicense and distribute the
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Original Code (or portions thereof) with or without Modifications,
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and/or as part of a Larger Work; and </p>
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<p id="section-2.1-b">2.1.b. under Patents Claims infringed by the
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making, using or selling of Original Code, to make, have made, use,
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practice, sell, and offer for sale, and/or otherwise dispose of the
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Original Code (or portions thereof). </p>
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<p id="section-2.1-c">2.1.c. the licenses granted in this Section 2.1 (<a href="#section-2.1-a">a</a>) and (<a href="#section-2.1-b">b</a>) are effective on the date Initial Developer first distributes Original Code under the terms of this License. </p>
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<p id="section-2.1-d">2.1.d. Notwithstanding Section 2.1 (<a href="#section-2.1-b">b</a>)
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above, no patent license is granted: 1) for code that You delete from
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the Original Code; 2) separate from the Original Code; or 3) for
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infringements caused by: i) the modification of the Original Code or
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ii) the combination of the Original Code with other software or
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devices. </p>
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<h4 id="section-2.2">2.2. Contributor Grant</h4>
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<p> Subject to third party intellectual property claims, each
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Contributor hereby grants You a world-wide, royalty-free, non-exclusive
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license </p>
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<p id="section-2.2-a">2.2.a. under intellectual property rights (other
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than patent or trademark) Licensable by Contributor, to use, reproduce,
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modify, display, perform, sublicense and distribute the Modifications
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created by such Contributor (or portions thereof) either on an
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unmodified basis, with other Modifications, as Covered Code and/or as
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part of a Larger Work; and </p>
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<p id="section-2.2-b">2.2.b. under Patent Claims infringed by the
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making, using, or selling of Modifications made by that Contributor
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either alone and/or in combination with its Contributor Version (or
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portions of such combination), to make, use, sell, offer for sale, have
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made, and/or otherwise dispose of: 1) Modifications made by that
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Contributor (or portions thereof); and 2) the combination of
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Modifications made by that Contributor with its Contributor Version (or
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portions of such combination). </p>
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<p id="section-2.2-c">2.2.c. the licenses granted in Sections 2.2 (<a href="#section-2.2-a">a</a>) and 2.2 (<a href="#section-2.2-b">b</a>) are effective on the date Contributor first makes Commercial Use of the Covered Code. </p>
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<p id="section-2.2-d">2.2.c. Notwithstanding Section 2.2 (<a href="#section-2.2-b">b</a>)
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above, no patent license is granted: 1) for any code that Contributor
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has deleted from the Contributor Version; 2) separate from the
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Contributor Version; 3) for infringements caused by: i) third party
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modifications of Contributor Version or ii) the combination of
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Modifications made by that Contributor with other software (except as
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part of the Contributor Version) or other devices; or 4) under Patent
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Claims infringed by Covered Code in the absence of Modifications made
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by that Contributor. </p>
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<h3 id="section-3">3. Distribution Obligations</h3>
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<h4 id="section-3.1">3.1. Application of License</h4>
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<p> The Modifications which You create or to which You contribute are
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governed by the terms of this License, including without limitation
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Section <a href="#section-2.2">2.2</a>.
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The Source Code version of Covered Code may be distributed only under
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the terms of this License or a future version of this License released
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under Section <a href="#section-6.1">6.1</a>, and You must include a
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copy of this License with every copy of the Source Code You distribute.
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You may not offer or impose any terms on any Source Code version that
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alters or restricts the applicable version of this License or the
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recipients' rights hereunder. However, You may include an additional
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document offering the additional rights described in Section <a href="#section-3.5">3.5</a>. </p>
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<h4 id="section-3.2">3.2. Availability of Source Code</h4>
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<p> Any Modification which You create or to which You contribute must
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be made available in Source Code form under the terms of this License
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either on the same media as an Executable version or via an accepted
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Electronic Distribution Mechanism to anyone to whom you made an
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Executable version available; and if made available via Electronic
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Distribution Mechanism, must remain available for at least twelve (12)
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months after the date it initially became available, or at least six
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(6) months after a subsequent version of that particular Modification
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has been made available to such recipients. You are responsible for
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ensuring that the Source Code version remains available even if the
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Electronic Distribution Mechanism is maintained by a third party. </p>
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<h4 id="section-3.3">3.3. Description of Modifications</h4>
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<p> You must cause all Covered Code to which You contribute to contain
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a file documenting the changes You made to create that Covered Code and
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the date of any change. You must include a prominent statement that the
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Modification is derived, directly or indirectly, from Original Code
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provided by the Initial Developer and including the name of the Initial
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Developer in (a) the Source Code, and (b) in any notice in an
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Executable version or related documentation in which You describe the
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origin or ownership of the Covered Code. </p>
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<h4 id="section-3.4">3.4. Intellectual Property Matters</h4>
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<p id="section-3.4-a"><b>3.4.a. Third Party Claims:</b> If Contributor
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has knowledge that a license under a third party's intellectual
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property rights is required to exercise the rights granted by such
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Contributor under Sections <a href="#section-2.1">2.1</a> or <a href="#section-2.2">2.2</a>,
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Contributor must include a text file with the Source Code distribution
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titled "LEGAL" which describes the claim and the party making the claim
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in sufficient detail that a recipient will know whom to contact. If
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Contributor obtains such knowledge after the Modification is made
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available as described in Section <a href="#section-3.2">3.2</a>,
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Contributor shall promptly modify the LEGAL file in all copies
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Contributor makes available thereafter and shall take other steps (such
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as notifying appropriate mailing lists or newsgroups) reasonably
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calculated to inform those who received the Covered Code that new
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knowledge has been obtained. </p>
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<p id="section-3.4-b"><b>3.4.b. Contributor APIs:</b> If Contributor's
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Modifications include an application programming interface and
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Contributor has knowledge of patent licenses which are reasonably
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necessary to implement that API, Contributor must also include this
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information in the legal file. </p>
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<p id="section-3.4-c"><b>3.4.c. Representations:</b>
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Contributor represents that, except as disclosed pursuant to Section 3.4 (<a href="#section-3.4-a">a</a>)
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above, Contributor believes that Contributor's Modifications are
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Contributor's original creation(s) and/or Contributor has sufficient
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rights to grant the rights conveyed by this License. </p>
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<h4 id="section-3.5">3.5. Required Notices</h4>
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<p>
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You must duplicate the notice in <a href="#exhibit-a">Exhibit A</a>
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in each file of the Source Code. If it is not possible to put such
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notice in a particular Source Code file due to its structure, then You
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must include such notice in a location (such as a relevant directory)
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where a user would be likely to look for such a notice. If You created
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one or more Modification(s) You may add your name as a Contributor to
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the notice described in <a href="#exhibit-a">Exhibit A</a>. You must
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also duplicate this License in any documentation for the Source Code
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where You describe recipients' rights or ownership rights relating to
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Covered Code. You may choose to offer, and to charge a fee for,
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warranty, support, indemnity or liability obligations to one or more
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recipients of Covered Code. However, You may do so only on Your own
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behalf, and not on behalf of the Initial Developer or any Contributor.
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You must make it absolutely clear than any such warranty, support,
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indemnity or liability obligation is offered by You alone, and You
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hereby agree to indemnify the Initial Developer and every Contributor
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for any liability incurred by the Initial Developer or such Contributor
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as a result of warranty, support, indemnity or liability terms You
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offer. </p>
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<h4 id="section-3.6">3.6. Distribution of Executable Versions</h4>
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<p>
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You may distribute Covered Code in Executable form only if the requirements of Sections <a href="#section-3.1">3.1</a>, <a href="#section-3.2">3.2</a>, <a href="#section-3.3">3.3</a>, <a href="#section-3.4">3.4</a> and <a href="#section-3.5">3.5</a>
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have been met for that Covered Code, and if You include a notice
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stating that the Source Code version of the Covered Code is available
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under the terms of this License, including a description of how and
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where You have fulfilled the obligations of Section <a href="#section-3.2">3.2</a>.
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The notice must be conspicuously included in any notice in an
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Executable version, related documentation or collateral in which You
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describe recipients' rights relating to the Covered Code. You may
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distribute the Executable version of Covered Code or ownership rights
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under a license of Your choice, which may contain terms different from
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this License, provided that You are in compliance with the terms of
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this License and that the license for the Executable version does not
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attempt to limit or alter the recipient's rights in the Source Code
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version from the rights set forth in this License. If You distribute
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the Executable version under a different license You must make it
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absolutely clear that any terms which differ from this License are
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offered by You alone, not by the Initial Developer or any Contributor.
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You hereby agree to indemnify the Initial Developer and every
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Contributor for any liability incurred by the Initial Developer or such
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Contributor as a result of any such terms You offer. </p>
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<h4 id="section-3.7">3.7. Larger Works</h4>
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<p> You may create a Larger Work by combining Covered Code with other
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code not governed by the terms of this License and distribute the
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Larger Work as a single product. In such a case, You must make sure the
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requirements of this License are fulfilled for the Covered Code. </p>
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|
|
|
<h3 id="section-4">4. Inability to Comply Due to Statute or Regulation.</h3>
|
|
<p> 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 <b>legal</b> file described in Section <a href="#section-3.4">3.4</a>
|
|
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. </p>
|
|
|
|
<h3 id="section-5">5. Application of this License.</h3>
|
|
<p>
|
|
This License applies to code to which the Initial Developer has attached the notice in <a href="#exhibit-a">Exhibit A</a> and to related Covered Code. </p>
|
|
|
|
<h3 id="section-6">6. Versions of the License.</h3>
|
|
|
|
<h4 id="section-6.1">6.1. New Versions</h4>
|
|
<p>
|
|
The <em class="u">H2 Group</em> may publish revised and/or new
|
|
versions of the License from time to time. Each version will be given a
|
|
distinguishing version number. </p>
|
|
|
|
<h4 id="section-6.2">6.2. Effect of New Versions</h4>
|
|
<p> 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 the <em class="u">H2 Group</em>. No one other than the <em class="u">H2 Group</em> has the right to modify the terms applicable to Covered Code created under this License. </p>
|
|
|
|
<h4 id="section-6.3">6.3. Derivative Works</h4>
|
|
<p> 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 <em class="u">"H2 Group", "H2"</em>
|
|
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 <em class="u">H2 License</em>. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in <a href="#exhibit-a">Exhibit A</a> shall not of themselves be deemed to be modifications of this License.) </p>
|
|
|
|
<h3 id="section-7">7. Disclaimer of Warranty</h3>
|
|
<p> 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. </p>
|
|
|
|
<h3 id="section-8">8. Termination</h3>
|
|
<p id="section-8.1">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. </p>
|
|
|
|
<p id="section-8.2">8.2. If You initiate litigation by asserting a
|
|
patent infringement claim (excluding declaratory 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: </p>
|
|
<p id="section-8.2-a">8.2.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 <a href="#section-2.1">2.1</a> and/or <a href="#section-2.2">2.2</a>
|
|
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 <a href="#section-2.1">2.1</a> and/or <a href="#section-2.2">2.2</a> automatically terminate at the expiration of the 60 day notice period specified above. </p>
|
|
<p id="section-8.2-b">8.2.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(<a href="#section-2.1-b">b</a>) and 2.2(<a href="#section-2.2-b">b</a>)
|
|
are revoked effective as of the date You first made, used, sold,
|
|
distributed, or had made, Modifications made by that Participant. </p>
|
|
|
|
<p id="section-8.3">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 <a href="#section-2.1">2.1</a> or <a href="#section-2.2">2.2</a> shall be taken into account in determining the amount or value of any payment or license. </p>
|
|
|
|
<p id="section-8.4">8.4. In the event of termination under Sections <a href="#section-8.1">8.1</a> or <a href="#section-8.2">8.2</a>
|
|
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. </p>
|
|
|
|
<h3 id="section-9">9. Limitation of Liability</h3>
|
|
<p> 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. </p>
|
|
|
|
<h3 id="section-10">10. United States Government End Users</h3>
|
|
<p> The Covered Code is a "commercial item", as that term is defined in
|
|
48 C.F.R. 2.101 (October 1995), consisting of "commercial computer
|
|
software" and "commercial computer software documentation", as such
|
|
terms are used in 48 C.F.R. 12.212 (September 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. </p>
|
|
|
|
<h3 id="section-11">11. Miscellaneous</h3>
|
|
<p> 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
|
|
California law provisions (except to the extent applicable law, if any,
|
|
provides otherwise), excluding its conflict-of-law provisions. With
|
|
respect to disputes in which at least one party is a citizen of, or an
|
|
entity chartered or registered to do business in United States of
|
|
America, any litigation relating to this License shall be subject to
|
|
the jurisdiction of the Federal Courts of the Northern District of
|
|
California, with venue lying in Santa Clara County, California, with
|
|
the losing party responsible for costs, including without limitation,
|
|
court costs and reasonable attorneys' fees and expenses. 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. </p>
|
|
|
|
<h3 id="section-12">12. Responsibility for Claims</h3>
|
|
<p> 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. </p>
|
|
|
|
<h3 id="section-13">13. Multiple-Licensed Code</h3>
|
|
<p> 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 this or the alternative licenses, if any, specified by
|
|
the Initial Developer in the file described in <a href="#exhibit-a">Exhibit A</a>. </p>
|
|
|
|
<h3 id="exhibit-a">Exhibit A</h3>
|
|
<pre class="notranslate">Multiple-Licensed under the H2 License, Version 1.0,
|
|
and under the Eclipse Public License, Version 1.0
|
|
(http://h2database.com/html/license.html).
|
|
Initial Developer: H2 Group
|
|
</pre>
|
|
|
|
<h2>Eclipse Public License - Version 1.0</h2>
|
|
<p> THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS
|
|
ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR
|
|
DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
|
|
AGREEMENT. </p>
|
|
|
|
<h3>1. DEFINITIONS</h3>
|
|
<p>
|
|
"Contribution" means: </p><p>
|
|
a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and </p><p>
|
|
b) in the case of each subsequent Contributor: </p><p>
|
|
i) changes to the Program, and </p><p>
|
|
ii) additions to the Program; </p><p>
|
|
where such changes and/or additions to the Program originate from and
|
|
are distributed by that particular Contributor. A Contribution
|
|
'originates' from a Contributor if it was added to the Program by such
|
|
Contributor itself or anyone acting on such Contributor's behalf.
|
|
Contributions do not include additions to the Program which: (i) are
|
|
separate modules of software distributed in conjunction with the
|
|
Program under their own license agreement, and (ii) are not derivative
|
|
works of the Program. </p><p>
|
|
"Contributor" means any person or entity that distributes the Program. </p><p>
|
|
"Licensed Patents " mean patent claims licensable by a Contributor
|
|
which are necessarily infringed by the use or sale of its Contribution
|
|
alone or when combined with the Program. </p><p>
|
|
"Program" means the Contributions distributed in accordance with this Agreement. </p><p>
|
|
"Recipient" means anyone who receives the Program under this Agreement, including all Contributors. </p>
|
|
|
|
<h3>2. GRANT OF RIGHTS</h3>
|
|
<p> a) Subject to the terms of this Agreement, each Contributor hereby
|
|
grants Recipient a non-exclusive, worldwide, royalty-free copyright
|
|
license to reproduce, prepare derivative works of, publicly display,
|
|
publicly perform, distribute and sublicense the Contribution of such
|
|
Contributor, if any, and such derivative works, in source code and
|
|
object code form. </p><p>
|
|
b) Subject to the terms of this Agreement, each Contributor hereby
|
|
grants Recipient a non-exclusive, worldwide, royalty-free patent
|
|
license under Licensed Patents to make, use, sell, offer to sell,
|
|
import and otherwise transfer the Contribution of such Contributor, if
|
|
any, in source code and object code form. This patent license shall
|
|
apply to the combination of the Contribution and the Program if, at the
|
|
time the Contribution is added by the Contributor, such addition of the
|
|
Contribution causes such combination to be covered by the Licensed
|
|
Patents. The patent license shall not apply to any other combinations
|
|
which include the Contribution. No hardware per se is licensed
|
|
hereunder. </p><p>
|
|
c) Recipient understands that although each Contributor grants the
|
|
licenses to its Contributions set forth herein, no assurances are
|
|
provided by any Contributor that the Program does not infringe the
|
|
patent or other intellectual property rights of any other entity. Each
|
|
Contributor disclaims any liability to Recipient for claims brought by
|
|
any other entity based on infringement of intellectual property rights
|
|
or otherwise. As 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. For
|
|
example, if a third party patent license is required to allow Recipient
|
|
to distribute the Program, it is Recipient's responsibility to acquire
|
|
that license before distributing the Program. </p><p>
|
|
d) Each Contributor represents that to its knowledge it has sufficient
|
|
copyright rights in its Contribution, if any, to grant the copyright
|
|
license set forth in this Agreement. </p>
|
|
|
|
<h3>3. REQUIREMENTS</h3>
|
|
<p>
|
|
A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that: </p><p>
|
|
a) it complies with the terms and conditions of this Agreement; and </p><p>
|
|
b) its license agreement: </p><p>
|
|
i) effectively disclaims on behalf of all Contributors all warranties
|
|
and conditions, express and implied, including warranties or conditions
|
|
of title and non-infringement, and implied warranties or conditions of
|
|
merchantability and fitness for a particular purpose; </p><p>
|
|
ii) effectively excludes on behalf of all Contributors all liability
|
|
for damages, including direct, indirect, special, incidental and
|
|
consequential damages, such as lost profits; </p><p>
|
|
iii) states that any provisions which differ from this Agreement are
|
|
offered by that Contributor alone and not by any other party; and </p><p>
|
|
iv) states that source code for the Program is available from such
|
|
Contributor, and informs licensees how to obtain it in a reasonable
|
|
manner on or through a medium customarily used for software exchange. </p><p>
|
|
When the Program is made available in source code form: </p><p>
|
|
a) it must be made available under this Agreement; and </p><p>
|
|
b) a copy of this Agreement must be included with each copy of the Program. </p><p>
|
|
Contributors may not remove or alter any copyright notices contained within the Program. </p><p>
|
|
Each Contributor must identify itself as the originator of its
|
|
Contribution, if any, in a manner that reasonably allows subsequent
|
|
Recipients to identify the originator of the Contribution. </p>
|
|
|
|
<h3>4. COMMERCIAL DISTRIBUTION</h3>
|
|
<p> Commercial distributors of software may accept certain
|
|
responsibilities with respect to end users, business partners and the
|
|
like. While this license is intended to facilitate the commercial use
|
|
of the Program, the Contributor who includes the Program in a
|
|
commercial product offering should do so in a manner which does not
|
|
create potential liability for other Contributors. Therefore, if a
|
|
Contributor includes the Program in a commercial product offering, such
|
|
Contributor ("Commercial Contributor") hereby agrees to defend and
|
|
indemnify every other Contributor ("Indemnified Contributor") against
|
|
any losses, damages and costs (collectively "Losses") arising from
|
|
claims, lawsuits and other legal actions brought by a third party
|
|
against the Indemnified Contributor to the extent caused by the acts or
|
|
omissions of such Commercial Contributor in connection with its
|
|
distribution of the Program in a commercial product offering. The
|
|
obligations in this section do not apply to any claims or Losses
|
|
relating to any actual or alleged intellectual property infringement.
|
|
In order to qualify, an Indemnified Contributor must: a) promptly
|
|
notify the Commercial Contributor in writing of such claim, and b)
|
|
allow the Commercial Contributor to control, and cooperate with the
|
|
Commercial Contributor in, the defense and any related settlement
|
|
negotiations. The Indemnified Contributor may participate in any such
|
|
claim at its own expense. </p><p>
|
|
For example, a Contributor might include the Program in a commercial
|
|
product offering, Product X. That Contributor is then a Commercial
|
|
Contributor. If that Commercial Contributor then makes performance
|
|
claims, or offers warranties related to Product X, those performance
|
|
claims and warranties are such Commercial Contributor's responsibility
|
|
alone. Under this section, the Commercial Contributor would have to
|
|
defend claims against the other Contributors related to those
|
|
performance claims and warranties, and if a court requires any other
|
|
Contributor to pay any damages as a result, the Commercial Contributor
|
|
must pay those damages. </p>
|
|
|
|
<h3>5. NO WARRANTY</h3>
|
|
<p> EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
|
|
PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
|
|
KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
|
|
WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR
|
|
FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible
|
|
for determining the appropriateness of using and distributing the
|
|
Program and assumes all risks associated with its exercise of rights
|
|
under this Agreement, 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. </p>
|
|
|
|
<h3>6. DISCLAIMER OF LIABILITY</h3>
|
|
<p> EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
|
|
NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
|
|
INCIDENTAL, SPECIAL, 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 PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
|
|
HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. </p>
|
|
|
|
<h3>7. GENERAL</h3>
|
|
<p> If any provision of this Agreement is invalid or unenforceable
|
|
under applicable law, it shall not affect the validity or
|
|
enforceability of the remainder of the terms of this Agreement, 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. </p><p>
|
|
If Recipient institutes patent litigation against any entity (including
|
|
a cross-claim or counterclaim in a lawsuit) alleging that the Program
|
|
itself (excluding combinations of the Program with other software or
|
|
hardware) infringes such Recipient's patent(s), then such Recipient's
|
|
rights granted under Section 2(b) shall terminate as of the date such
|
|
litigation is filed. </p><p>
|
|
All Recipient's rights under this Agreement shall terminate if it fails
|
|
to comply with any of the material terms or conditions of this
|
|
Agreement and does not cure such failure in a reasonable period of time
|
|
after becoming aware of such noncompliance. If all Recipient's rights
|
|
under this Agreement terminate, Recipient agrees to cease use and
|
|
distribution of the Program as soon as reasonably practicable. However,
|
|
Recipient's obligations under this Agreement and any licenses granted
|
|
by Recipient relating to the Program shall continue and survive. </p><p>
|
|
Everyone is permitted to copy and distribute copies of this Agreement,
|
|
but in order to avoid inconsistency the Agreement is copyrighted and
|
|
may only be modified in the following manner. The Agreement Steward
|
|
reserves the right to publish new versions (including revisions) of
|
|
this Agreement from time to time. No one other than the Agreement
|
|
Steward has the right to modify this Agreement. The Eclipse Foundation
|
|
is the initial Agreement Steward. The Eclipse Foundation may assign the
|
|
responsibility to serve as the Agreement Steward to a suitable separate
|
|
entity. Each new version of the Agreement will be given a
|
|
distinguishing version number. The Program (including Contributions)
|
|
may always be distributed subject to the version of the Agreement under
|
|
which it was received. In addition, after a new version of the
|
|
Agreement is published, Contributor may elect to distribute the Program
|
|
(including its Contributions) under the new version. Except as
|
|
expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
|
|
rights or licenses to the intellectual property of any Contributor
|
|
under this Agreement, whether expressly, by implication, estoppel or
|
|
otherwise. All rights in the Program not expressly granted under this
|
|
Agreement are reserved. </p><p>
|
|
This Agreement is governed by the laws of the State of New York and the
|
|
intellectual property laws of the United States of America. No party to
|
|
this Agreement will bring a legal action under this Agreement more than
|
|
one year after the cause of action arose. Each party waives its rights
|
|
to a jury trial in any resulting litigation. </p>
|
|
|
|
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|
|
</div></td></tr></tbody></table>
|
|
</body></html> |