OL Open Source Licence PDF Print E-mail

The OpenLexicon Public License Version 1.0.0 ("OPL[ 1]") consists of the Mozilla
Public License Version 1.1, modified to be specific to OpenLexicon, with the
Additional Terms in Exhibit B. The original Mozilla Public License 1.1 can be
found at: http://www.mozilla.org/MPL/MPL-1.1.html

OpenLexicon PUBLIC LICENSE
Version 1.0[ 0]

PRIOR VERSION DECLARATION TO FORFEIT VERSION 1.03 APACHE AGREEMENTS

VERSION 1.03 OF OPENLEXICON HAS PREVIOUSILY BEEN RELEASED UNDER THE APACHE OPENSOURCE LICENCE. SINCE RELEASE OF 1.03, MANY SIGNIFICANT CHANGES AND IMPROVEMENTS HAS BEEN MADE TO THE OPENLEXICON SOFTWARE. ACCEPTANCE OF THIS
LICENCE EXPLICITY REVOKES THE TERMS OF THAT AGREEMENT FOR ALL SOURCE MARKED BY THE OPENLEXICON OPENSOURCE AGREEMENT. IF YOU ARE UNABLE OR UNWILLING TO MEETTHE TERMS OF THIS AGREEMENT THEN DO NOT DOWNLOAD THIS SOURCE CODE. DOWNLOADING OF THE SOURCECODE IS AN EXPLICIT AGREEMENT TO MEET THE TERMS OF THE OPENLEXICON OPENSOURCE AGREEMENT.

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1. Definitions.

1.0.1. "Commercial Use" means distribution or otherwise making the Covered
Code available to a third party.
1.1. "Contributor" means each entity that creates or contributes to the
creation of Modifications.

1.2. "Contributor Version" means the combination of the Original Code, prior
Modifications used by a Contributor, and the Modifications made by that
particular Contributor.

1.3. "Covered Code" means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case including
portions thereof.

1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted
in the software development community for the electronic transfer of data.

1.5. "Executable" means Covered Code in any form other than Source Code.

1.6. "Initial Developer" means the individual or entity identified as the
Initial Developer in the Source Code notice required by Exhibit A.

1.7. "Larger Work" means a work which combines Covered Code or portions
thereof with code not governed by the terms of this License.

1.8. "License" means this document.

1.8.1. "Licensable" means having the right to grant, to the maximum extent
possible, whether at the time of the initial grant or subsequently acquired,
any and all of the rights conveyed herein.

1.9. "Modifications" means any addition to or deletion from the substance
or structure of either the Original Code or any previous Modifications. When
Covered Code is released as a series of files, a Modification is:

A. Any addition to or deletion from the contents of a file containing Original
Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous
Modifications.


1.10. "Original Code" means Source Code of computer software code which is
described in the Source Code notice required by Exhibit A as Original Code,
and which, at the time of its release under this License is not already Covered
Code governed by this License.

1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter
acquired, including without limitation,  method, process, and apparatus claims,
in any patent Licensable by grantor.

1.11. "Source Code" means the preferred form of the Covered Code for making
modifications to it, including all modules it contains, plus any associated
interface definition files, scripts used to control compilation and installation
of an Executable, or source code differential comparisons against either the
Original Code or another well known, available Covered Code of the Contributor's
choice. The Source Code can be in a compressed or archival form, provided the
appropriate decompression or de-archiving software is widely available for no
charge.

1.12. "You" (or "Your")  means an individual or a legal entity exercising
rights under, and complying with all of the terms of, this License or a future
version of this License issued under Section 6.1. For legal entities, "You"
includes any entity which controls, is controlled by, or is under common
control with You. For purposes of this definition, "control" means (a) the
power, direct or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (b) ownership of more than fifty percent
(50%) of the outstanding shares or beneficial ownership of such entity.

2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license (as limited by database platforms under section 6.4),
subject to third party intellectual property claims: (a)  under intellectual
property rights (other than patent or trademark) Licensable by Initial
Developer to use, reproduce, modify, display, perform, sublicense and
distribute the Original Code (or portions thereof) with or without
Modifications, and/or as part of a Larger Work; and (b) under Patents Claims
infringed by the making, using or selling of Original Code, to make, have
made, use, practice, sell, and offer for sale, and/or otherwise dispose of the
Original Code (or portions thereof). (c) the licenses granted in this Section
2.1(a) and (b) are effective on the date Initial Developer first distributes
Original Code under the terms of this License. (d) Notwithstanding Section
2.1(b) above, no patent license is granted: 1) for code that You delete from
the Original Code; 2) separate from the Original Code; or 3) for infringements
caused by: i) the modification of the Original Code or ii) the combination of
the Original Code with other software or devices.


2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby
grants You a world-wide, royalty-free, non-exclusive license

(a)  under intellectual property rights (other than patent or trademark)
Licensable by Contributor, to use, reproduce, modify, display, perform,
sublicense and distribute the Modifications created by such Contributor
(or portions thereof) either on an unmodified basis, with other
Modifications, as Covered Code and/or as part of a Larger Work (as limited by
database platforms under section 6.4); and (b) under Patent Claims infringed
by the making, using, or selling of Modifications made by that Contributor
either alone and/or in combination with its Contributor Version (or portions
of such combination), to make, use, sell, offer for sale, have made, and/or
otherwise dispose of: 1) Modifications made by that Contributor (or portions
thereof); and 2) the combination of Modifications made by that Contributor
with its Contributor Version (or portions of such combination). (c) the
licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date
Contributor first makes Commercial Use of the Covered Code. (d)
Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any
code that Contributor has deleted from the Contributor Version; 2)  separate
from the Contributor Version;  3)  for infringements caused by: i) third party
modifications of Contributor Version or ii)  the combination of Modifications
made by that Contributor with other software (except as part of the
Contributor Version) or other devices; or 4) under Patent Claims infringed by
Covered Code in the absence of Modifications made by that Contributor.


3. Distribution Obligations.

3.1. Application of License.
The Modifications which You create or to which You contribute are
governed by the terms of this License, including without limitation
Section 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 in Source Code form under the terms of this License either on
the same media as an Executable version or via an accepted Electronic
Distribution Mechanism to anyone to whom you made an Executable version
available; and if made available via Electronic Distribution Mechanism,
must remain available for at least twelve (12) months after the date it
initially became available, or at least six (6) months after a subsequent
version of that particular Modification has been made available to such
recipients. You are responsible for ensuring that the Source Code version
remains available even if the Electronic Distribution Mechanism is
maintained by a third party.

3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file
documenting the changes You made to create that Covered Code and the date of
any change. You must include a prominent statement that the Modification is
derived, directly or indirectly, from Original Code provided by the Initial
Developer and including the name of the Initial Developer in (a) the Source
Code, and (b) in any notice in an Executable version or related documentation
in which You describe the origin or ownership of the Covered Code.

3.4. Intellectual Property Matters

(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's intellectual
property rights is required to exercise the rights granted by such Contributor
under Sections 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 licenses which are reasonably necessary to
implement that API, Contributor must also include this information in the LEGAL
file.


(c) Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4(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.
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 License in any documentation for the Source Code where You describe
recipients' rights or ownership rights relating to Covered Code.  You may
choose to offer, and to charge a fee for, warranty, support, indemnity or
liability obligations to one or more recipients of Covered Code. However, You
may do so only on Your own behalf, and not on behalf of the Initial Developer
or any Contributor. You must make it absolutely clear than any such warranty,
support, indemnity or liability obligation is offered by You alone, and You
hereby agree to indemnify the Initial Developer and every Contributor for any
liability incurred by the Initial Developer or such Contributor as a result of
warranty, support, indemnity or liability terms You offer.

3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form (as limited by database
platforms under section 6.4) 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 or ownership rights under a
license of Your choice, which may contain terms different from this License,
provided that You are in compliance with the terms of this License and that
the license for the Executable version does not attempt to limit or alter the
recipient's rights in the Source Code version from the rights set forth in
this License. If You distribute the Executable version under a different
license You must make it absolutely clear that any terms which differ from
this License are offered by You alone, not by the Initial Developer or any
Contributor. You hereby agree to indemnify the Initial Developer and every
Contributor for any liability incurred by the Initial Developer or such
Contributor as a result of any such terms You offer.

3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not
governed by the terms of this License and distribute the Larger Work as a
single product. In such a case, You must make sure the requirements of this
License are fulfilled for the Covered Code.

4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License
with respect to some or all of the Covered Code due to statute, judicial order,
or regulation then You must: (a) comply with the terms of this License to the
maximum extent possible; and (b) describe the limitations and the code they
affect. Such description must be included in the LEGAL file described in
Section 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.
Lexicon Enterprise Inc. ("OpenLexicon") may publish revised and/or new versions of
the License from time to time. Each version will be given a distinguishing
version number.

6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the License,
You may always continue to use it under the terms of that version. You may also
choose to use such Covered Code under the terms of any subsequent version of the
License published by OpenLexicon.  No one other than OpenLexicon has the right
 to modify the terms applicable to Covered Code created under this License.

6.3. Derivative Works.
If You create or use a modified version of this License (which you may only do
in order to apply it to code which is not already Covered Code governed by this
License), You must (a) rename Your license so that the phrases "OpenLexicon",
"OLPL" 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
OpenLexicon Public License (OLPL). (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 Database Restrictions

This license only applies to the use of OpenLexicon with a MYSQL, Postgres or
Oracle Express database. Use of the Oracle Enterprise, DB2, SQLServer or ANY
OTHER DATABASE IS EXPLICITLY EXCLUDED FROM this agreement. Use of these
database requires a separate agreement. You agree to assume the responsibility
for assuring this requirement is met.

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 OTHERCONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

8. TERMINATION.
8.1.  This License and the rights granted hereunder will terminate automatically
if You fail to comply with terms herein and fail to cure such breach within 30
days of becoming aware of the breach. All sublicenses to the Covered Code
which are properly granted shall survive any termination of this License.
Provisions which, by their nature, must remain in effect beyond the
termination of this License shall survive.

8.2.  If You initiate litigation by asserting a patent infringement claim
(excluding declatory judgment actions) against Initial Developer or a Contributor
(the Initial Developer or Contributor against whom You file such action is
referred to as "Participant")  alleging that:

(a)  such Participant's Contributor Version directly or indirectly infringes
any patent, then any and all rights granted by such Participant to You under
Sections 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 YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIEROF 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 IFSUCH 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 APPLICABLELAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONOR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R.
2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial
 computer software documentation," as such terms are used in 48 C.F.R. 12.212
 (Sept. 1995).  Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered
 Code with only those rights set forth herein.

11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof.
 If any provision of this License is held to be unenforceable, such provision
 shall be reformed only to the extent necessary to make it enforceable. This
 License shall be governed by Virginia 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 the United States
 of America, any litigation relating to this License shall be subject to the
 jurisdiction of the Federal Courts of the Commonwealth of Virgina,
 with venue lying in Arlington, Virginia, 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.

12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible
for claims and damages arising, directly or indirectly, out of its utilization
of rights under this License and You agree to work with Initial Developer and
Contributors to distribute such responsibility on an equitable basis. Nothing
herein is intended or shall be deemed to constitute any admission of
liability.

13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as"Multiple-Licensed".  "Multiple-Licensed" means that the Initial Developerpermits you to utilize portions of the Covered Code under Your choice of theSPL or the alternative licenses, if any, specified by the Initial Developer inthe file described in Exhibit A.

OpenLexicon Public License 1.0.0 - Exhibit A

The contents of this file are subject to the OpenLexicon Public License
Version 1.0.0 ("License"); You may not use this file except in compliance with
the License. You may obtain a copy of the License at http://www.OpenLexicon.com/Lecenses Software distributed under the License isdistributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either expressor implied. See the License for the specific language governing rights and
limitations under the License.

The Original Code is: OpenLexicon Open Source

The Initial Developer of the Original Code is LexiconEnterprise, Inc.
Portions created by OpenLexicon are Copyright (C) 2004 LexiconEnterprise, Inc.;
All Rights Reserved.
Contributor(s): ______________________________________.


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


OpenLexicon Public License 1.0.0 - Exhibit B

Additional Terms applicable to the OpenLexicon Public License.

I. Effect.
These additional terms described in this OpenLexicon Public License -
Additional Terms shall apply to the Covered Code under this License.

II. OpenLexicon and logo.

This License does not grant any rights to use the trademarks "OpenLexicon" and
the "OpenLexicon" logos even if such marks are included in the Original Code
or Modifications.

However, in addition to the other notice obligations, all copies of the
Covered Code in Executable and Source Code form distributed must, as a form of
attribution of the original author, include on each user interface screen (i)
the "Powered by OpenLexicon" logo and (ii) the copyright notice in the same
form as the latest version of the Covered Code distributed by
LexiconEnterprise, Inc. at the time of distribution of such copy. In addition,
the "Powered by OpenLexicon" logo must be visible to all users and be located
at the very bottom center of each user interface screen. Notwithstanding the
above, the dimensions of the "Powered by OpenLexicon" logo must be at least
106 x 23 pixels. When users click on the "Powered by OpenLexicon" logo it must
direct them back to http://www.openlexicon.org. In addition, the copyright
notice must remain visible to all users at all times at the bottom of the user
interface screen. When users click on the copyright notice, it must direct
them back to http://www.openLexicon.org

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"Third-Party Software" means certain software OpenLexicon licenses from third
parties and provides to you with or within the Software.  Certain Third-Party
Software provided with the Software is subject to various other terms and
conditions imposed by the licensors of such Third-Party Software.  As
applicable, the terms of your use of the Third-Party Software is subject to
and governed by their respective licenses except that Section.   A listing of
third party software can be found at
http://www.OpenLexicon.com/3rdpartysoftware


 


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