REDBOURNE PUBLIC LICENCE
1.0.1. "Commercial Use" means distribution or otherwise making
the Covered Code available to a third party.
2. Source Code Licence.
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
1.6. ''Initial Developer'' means the initial developer of the code, Redbourne Ltd.
1.7. ''Larger Work'' means a work which combines Covered Code
or portions thereof with code not governed by the terms of this Licence.
1.8. ''Licence'' means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or subsequently
acquired, any and all of the rights conveyed herein.
1.9. ''Modifications'' means any addition to or deletion from
the substance or structure of either the Original Code or any previous
Modifications. When Covered Code is released as a series of files, a Modification
A. Any addition to or deletion from the contents of a file containing
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 Licence
is not already Covered Code governed by this Licence.
B. Any new file that contains any part of the Original Code or
1.10.1. "Patent Claims" means any patent claim(s), now owned
or hereafter acquired, including without limitation, method, process,
and apparatus claims, in any patent Licensable by grantor.
1.11. ''Source Code'' means the preferred form of the Covered
Code for making modifications to it, including all modules it contains,
plus any associated interface definition files, scripts used to control
compilation and installation of an Executable, or source code differential
comparisons against either the Original Code or another well known, available
Covered Code of the Contributor's choice. The Source Code can be in a compressed
or archival form, provided the appropriate decompression or de-archiving
software is widely available for no charge.
1.12. "You'' (or "Your") means an individual or a legal
entity exercising rights under, and complying with all of the terms of,
this Licence or a future version of this Licence 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 more than fifty percent (50%) of the outstanding shares or
beneficial ownership of such entity.
2.1. The Initial Developer Grant and Contributor Grant.
The Initial Developer and Contributors hereby grant You a world-wide, royalty-free, non-exclusive licence, subject to third party intellectual property claims:
(a) under Copyrights Licensable by Initial Developer or Contributor to use, reproduce, modify, display, perform, sublicence and distribute the Original Code and Modifications (or portions thereof) with or without further Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof).
(c) the licences granted in this Section 2.1(a) and (b) are effective on the date Initial Developer or Contributor first distributes Original Code or Contributed Code under the terms of this Licence.
(d) Notwithstanding Section 2.1(b) above, no patent licence is granted:
- for code that You delete from the Original Code;
- separate from the Original Code;
- for infringements caused by:
i) modification of the Original Code or Contributed Code or
ii) the combination of the Original Code or Contributed Code with other software or devices.
3. Distribution Obligations.
3.1. Application of Licence.
4. Inability to Comply Due to Statute or Regulation.
The Modifications which You create or to which You contribute are governed
by the terms of this Licence, including without limitation Section 2.2.
The Source Code version of Covered Code may be distributed only under the
terms of this Licence or a future version of this Licence released under
Section 6.1, and You must include a copy of this Licence 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 Licence 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 in Source Code form under the terms of this Licence 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 to the original Contributor;
and if made available via Electronic Distribution Mechanism,
must remain available for at least twelve (12) months after the date it
initially became available, or at least six (6) months after a subsequent
version of that particular Modification has been made available to such
recipients. You are responsible for ensuring that the Source Code version
remains available even if the Electronic Distribution Mechanism is maintained
by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain
a file documenting the changes You made to create that Covered Code and
the date of any change. You must include a prominent statement that the
Modification is derived, directly or indirectly, from Original Code provided
by the Initial Developer and including the name of the Initial Developer
in (a) the Source Code, and (b) in any notice in an Executable version
or related documentation in which You describe the origin or ownership
of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a licence under a third party's intellectual
property rights is required to exercise the rights granted by such Contributor
under Sections 2.1 or 2.2, Contributor must include a text file with the
Source Code distribution titled "LEGAL'' which describes the claim and
the party making the claim in sufficient detail that a recipient will know
whom to contact. If Contributor obtains such knowledge after the Modification
is made available as described in Section 3.2, Contributor shall promptly
modify the LEGAL file in all copies Contributor makes available thereafter
and shall take other steps (such as notifying appropriate mailing lists
or newsgroups) reasonably calculated to inform those who received the Covered
Code that new knowledge has been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming interface
and Contributor has knowledge of patent licences which are reasonably necessary
to implement that API, Contributor must also include this information in
the LEGAL file.
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 Licence.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the
Source Code. If it is not possible to put such notice in a particular
Source Code file due to its structure, then You must include such notice
in a location (such as a relevant directory) where a user would be likely
to look for such a notice. If You created one or more Modification(s)
You may add your name as a Contributor to the notice described in Exhibit
A. You must also duplicate this Licence in any documentation
for the Source Code where You describe recipients' rights or ownership
rights relating to Covered Code. You may choose to offer, and to
charge a fee for, warranty, support, indemnity or liability obligations
to one or more recipients of Covered Code. However, You may do so only
on Your own behalf, and not on behalf of the Initial Developer or any Contributor.
You must make it absolutely clear than any such warranty, support, indemnity
or liability obligation is offered by You alone, and You hereby agree to
indemnify the Initial Developer and every Contributor for any liability
incurred by the Initial Developer or such Contributor as a result of warranty,
support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements
of 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 Licence, 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 or ownership rights under a licence of Your choice,
which may contain terms different from this Licence, provided that You
are in compliance with the terms of this Licence and that the licence 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 Licence.
If You distribute the Executable version under a different licence You
must make it absolutely clear that any terms which differ from this Licence
are offered by You alone, not by the Initial Developer or any Contributor.
You hereby agree to indemnify the Initial Developer and every Contributor
for any liability incurred by the Initial Developer or such Contributor
as a result of any such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code
not governed by the terms of this Licence and distribute the Larger Work
as a single product. In such a case, You must make sure the requirements
of this Licence are fulfilled for the Covered Code.
If it is impossible for You to comply with any of the terms of this
Licence 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 Licence to the maximum extent possible; and (b) describe the limitations
and the code they affect. Such description must be included in the LEGAL
file described in Section 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 Licence.
This Licence applies to code to which the Initial Developer has attached
the notice in Exhibit A and to related Covered Code.
6. Versions of the Licence.
6.1. New Versions.
7. DISCLAIMER OF WARRANTY.
Redbourne Limited (''Redbourne'') may publish revised
and/or new versions of the Licence from time to time. Each version will
be given a distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of
the Licence, 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 Licence published by Redbourne. No one other
than Redbourne has the right to modify the terms applicable to Covered Code
created under this Licence.
6.3. Derivative Works.
If You create or use a modified version of this Licence (which you
may only do in order to apply it to code which is not already Covered Code
governed by this Licence), You must (a) rename Your licence so that the
phrases ''Redbourne'', ''Whitebeam''
or any confusingly similar phrase do not appear in your licence (except
to note that your licence differs from this Licence) and (b) otherwise
make it clear that Your version of the licence contains terms which differ
from the Redbourne Public Licence. (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 Licence.)
COVERED CODE IS PROVIDED UNDER THIS LICENCE 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 LICENCE.
NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8.1. This Licence 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
sublicences to the Covered Code which are properly granted shall survive
any termination of this Licence. Provisions which, by their nature, must
remain in effect beyond the termination of this Licence shall survive.
9. LIMITATION OF LIABILITY.
8.2. If You initiate litigation by asserting a patent infringement
claim (excluding declatory judgment actions) against Initial Developer
or a Contributor (the Initial Developer or Contributor against whom You
file such action is referred to as "Participant") alleging that:
(a) such Participant's Contributor Version directly or
indirectly infringes any patent, then any and all rights granted by such
Participant to You under Sections 2.1 and/or 2.2 of this Licence 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 licence or settlement) prior to the initiation of patent infringement
litigation, then the reasonable value of the licences 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 licence.
8.4. In the event of termination under Sections 8.1 or
8.2 above, all end user licence agreements (excluding distributors
and resellers) which have been validly granted by You or any distributor
hereunder prior to termination shall survive termination.
9.1 EXCEPT TO THE EXTENT THAT BY THE LAW RELATING TO THIS AGREEMENT LIABILITY MAY NOT BE EXCLUDED,
YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER
SHALL NOT BE LIABLE TO ANY PERSON FOR ANY LOSS OR DAMAGE WHATSOEVER OR HOWSOEVER CAUSED ARISING DIRECTLY
OR INDIRECTLY IN CONNECTION WITH THIS AGREEMENT, THE SOFTWARE, ITS USE OR OTHERWISE.
9.2 NOTWITHSTANDING THE GENERALITY OF CLAUSE 9.1 ABOVE, REDBOURNE EXPRESSLY EXCLUDES LIABILITY FOR CONSEQUENTIAL LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE TO OTHER EQUIPMENT OR PROPERTY OR FOR LOSS OF PROFIT, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS.
9.3 IF REDBOURNE BECOMES LIABLE UNDER THIS AGREEMENT TO ANY PARTY AND FOR ANY REASON WHATSOEVER FOR LOSS OR DAMAGE THAT MAY BE LIMITED, SUCH LIABILITY SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF PAYMENTS MADE BY THAT PARTY DIRECTLY TO REDBOURNE UNDER THIS AGREEMENT OR ONE POUND (£1.00) WHICHEVER IS THE GREATER
In the event that any provision of this Agreement or of any schedule attached hereto shall be determined by any
competent authority to be invalid, unlawful or unenforceable to any extent such provision shall to that extent
be severed from the remaining provisions which shall continue to be valid to the fullest extent permitted by law.
The parties hereby agree that this Agreement shall be construed in accordance with the laws of England and Wales.
The headings used in this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of any of the provisions of this Agreement.
13. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible
for claims and damages arising, directly or indirectly, out of its utilization
of rights under this Licence 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
14. MULTIPLE-LICENCED CODE.
Initial Developer may designate portions of the Covered Code as Multiple-Licenced.
Multiple-Licenced Means that the Initial Developer permits you to utilize
portions of the Covered Code under Your choice of the RPL or the alternative
licences, if any, specified by the Initial Developer.
EXHIBIT A -Redbourne Public Licence.
The contents of this file are subject to the Redbourne Public Licence
Version 1.0 (the "Licence");
you may not use this file except in compliance
with the Licence. You may obtain a copy of the Licence at
Software distributed under the Licence is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF
ANY KIND, either express or implied. See the Licence for the specific
language governing rights and
limitations under the Licence.
The Original Code is ______________________________________.
The Initial Developer of the Original Code is Redbourne Ltd.
Copyright (C) Redbourne Ltd 2000,2001. All Rights Reserved.