mirror of
https://codeberg.org/forgejo/forgejo.git
synced 2024-11-09 11:21:19 +01:00
362 lines
20 KiB
Text
362 lines
20 KiB
Text
OPEN PUBLIC LICENSE
|
|
|
|
Version 1.0
|
|
|
|
1. Definitions.
|
|
|
|
1.1. "Contributor" means each entity that creates or contributes to the creation
|
|
of Modifications.
|
|
|
|
1.2. "Contributor Version" means the combination of the Original Code, prior
|
|
Modifications used by a Contributor, and the Modifications made by that particular
|
|
Contributor.
|
|
|
|
1.3. "Covered Code" means the Original Code or Modifications or the combination
|
|
of the Original Code and Modifications, in each case including portions thereof.
|
|
|
|
1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted
|
|
in the software development community for the electronic transfer of data.
|
|
|
|
1.5. "Executable" means Covered Code in any form other than Source Code.
|
|
|
|
1.6. "Initial Developer" means the individual or entity identified as the
|
|
Initial Developer in the Source Code notice required by Exhibit A.
|
|
|
|
1.7. "Larger Work" means a work, which combines Covered Code or portions thereof
|
|
with code not governed by the terms of this License.
|
|
|
|
1.8. "License" means this document and the corresponding addendum described
|
|
in section 6.4 below.
|
|
|
|
1.9. "Modifications" means any addition to or deletion from the substance
|
|
or structure of either the Original Code or any previous Modifications. When
|
|
Covered Code is released as a series of files, a Modification is:
|
|
|
|
A. Any addition to or deletion from the contents of a file containing Original
|
|
Code or previous Modifications.
|
|
|
|
B. Any new file that contains any part of the Original Code or previous Modifications.
|
|
|
|
1.10. "Original Code" means Source Code of computer software code which is
|
|
described in the Source Code notice required by Exhibit A as Original Code,
|
|
and which, at the time of its release under this License is not already Covered
|
|
Code governed by this License.
|
|
|
|
1.11. "Source Code" means the preferred form of the Covered Code for making
|
|
modifications to it, including all modules it contains, plus any associated
|
|
interface definition files, scripts used to control compilation and installation
|
|
of an Executable, or a list of source code differential comparisons against
|
|
either the Original Code or another well known, available Covered Code of
|
|
the Contributor's choice. The Source Code can be in a compressed or archival
|
|
form, provided the appropriate decompression or de-archiving software is widely
|
|
available for no charge.
|
|
|
|
1.12. "You" means an individual or a legal entity exercising rights under,
|
|
and complying with all of the terms of, this License or a future version of
|
|
this License issued under Section 6.1. For legal entities, "You'' includes
|
|
any entity which controls, is controlled by, or is under common control with
|
|
You. For purposes of this definition, "control'' means (a) the power, direct
|
|
or indirect, to cause the direction or management of such entity, whether
|
|
by contract or otherwise, or (b) ownership of fifty percent (50%) or more
|
|
of the outstanding shares or beneficial ownership of such entity.
|
|
|
|
1.13 "License Author" means Lutris Technologies, Inc.
|
|
|
|
2. Source Code License.
|
|
|
|
2.1. The Initial Developer Grant. The Initial Developer hereby grants You
|
|
a worldwide, royalty-free, non-exclusive license, subject to third party intellectual
|
|
property claims:
|
|
|
|
(a) under intellectual property rights (other than patent or trademark) to
|
|
use, reproduce, modify, display, perform, sublicense and distribute the Original
|
|
Code (or portions thereof) with or without Modifications, or as part of a
|
|
Larger Work; and
|
|
|
|
(b) under patents now or hereafter owned or controlled by Initial Developer,
|
|
to make, have made, use and sell (``offer to sell and import'') the Original
|
|
Code (or portions thereof), but solely to the extent that any such patent
|
|
is reasonably necessary to enable You to Utilize the Original Code (or portions
|
|
thereof) and not to any greater extent that may be necessary to Utilize further
|
|
Modifications or combinations.
|
|
|
|
2.2. Contributor Grant. Each Contributor hereby grants You a worldwide, royalty-free,
|
|
non-exclusive license, subject to third party intellectual property claims:
|
|
|
|
(a) under intellectual property rights (other than patent or trademark) to
|
|
use, reproduce, modify, display, perform, sublicense and distribute the Modifications
|
|
created by such Contributor (or portions thereof) either on an unmodified
|
|
basis, with other Modifications, as Covered Code or as part of a Larger Work;
|
|
and
|
|
|
|
(b) under patents now or hereafter owned or controlled by Contributor, to
|
|
to make, have made, use and sell (``offer to sell and import'') the Contributor
|
|
Version (or portions thereof), but solely to the extent that any such patent
|
|
is reasonably necessary to enable You to Utilize the Contributor Version (or
|
|
portions thereof), and not to any greater extent that may be necessary to
|
|
Utilize further Modifications or combinations
|
|
|
|
3. Distribution Obligations.
|
|
|
|
3.1. Application of License. The Modifications which You create or to which
|
|
You contribute are governed by the terms of this License, including without
|
|
limitation Section 2.2. The Source Code version of Covered Code may be distributed
|
|
only under the terms of this License or a future version of this License released
|
|
under Section 6.1, and You must include a copy of this License with every
|
|
copy of the Source Code You distribute. You may not offer or impose any terms
|
|
on any Source Code version that alters or restricts the applicable version
|
|
of this License or the recipients' rights hereunder. However, You may include
|
|
an additional document offering the additional rights described in Section
|
|
3.5.
|
|
|
|
3.2. Availability of Source Code. Any Modification which You create or to
|
|
which You contribute must be made available, prior to any use, except for
|
|
internal development and practice, in Source Code form under the terms of
|
|
this License either on the same media as an Executable version or via an accepted
|
|
Electronic Distribution Mechanism to anyone to whom you made an Executable
|
|
version available; and if made available via Electronic Distribution Mechanism,
|
|
must remain available for at least twelve (12) months after the date it initially
|
|
became available, or at least six (6) months after a subsequent version of
|
|
that particular Modification has been made available to such recipients. You
|
|
shall notify the Initial Developer of the Modification and the location of
|
|
the Source Code via the contact means provided for in the Developer Specific
|
|
license. Initial Developer will be acting as maintainer of the Source Code
|
|
and may provide an Electronic Distribution mechanism for the Modification
|
|
to be made available.
|
|
|
|
3.3. Description of Modifications. You must cause all Covered Code to which
|
|
you contribute to contain a file documenting the changes You made to create
|
|
that Covered Code and the date of any change. You must include a prominent
|
|
statement that the Modification is derived, directly or indirectly, from Original
|
|
Code provided by the Initial Developer and including the name of the Initial
|
|
Developer in (a) the Source Code, and (b) in any notice in an Executable version
|
|
or related documentation in which You describe the origin or ownership of
|
|
the Covered Code.
|
|
|
|
3.4. Intellectual Property Matters
|
|
|
|
(a) Third Party Claims. If You have knowledge that a party claims an intellectual
|
|
property right in particular functionality or code (or its utilization under
|
|
this License), you must include a text file with the source code distribution
|
|
titled "LEGAL" which describes the claim and the party making the claim in
|
|
sufficient detail that a recipient will know whom to contact. If you obtain
|
|
such knowledge after You make Your Modification available as described in
|
|
Section 3.2, You shall promptly modify the LEGAL file in all copies You make
|
|
available thereafter and shall take other steps (such as notifying appropriate
|
|
mailing lists or newsgroups) reasonably calculated to inform those who received
|
|
the Covered Code that new knowledge has been obtained.
|
|
|
|
(b) Representations. Contributor represents that, except as disclosed pursuant
|
|
to Section 3.4(a) above, Contributor believes that Contributor's Modifications
|
|
are Contributor's original creation(s) and/or Contributor has sufficient rights
|
|
to grant the rights conveyed by this License.
|
|
|
|
3.5. Required Notices. You must duplicate the notice in Exhibit A in each
|
|
file of the Source Code, and this License in any documentation for the Source
|
|
Code, where You describe recipients' rights relating to Covered Code. If You
|
|
created one or more Modification(s), You may add your name as a Contributor
|
|
to the notice described in Exhibit A. If it is not possible to put such notice
|
|
in a particular Source Code file due to its structure, then you must include
|
|
such notice in a location (such as a relevant directory file) where a user
|
|
would be likely to look for such a notice. You may choose to offer, and to
|
|
charge a fee for, warranty, support, indemnity or liability obligations to
|
|
one or more recipients of Covered Code. However, You may do so only on Your
|
|
own behalf, and not on behalf of the Initial Developer or any Contributor.
|
|
You must make it absolutely clear that any such warranty, support, indemnity
|
|
or liability obligation is offered by You alone, and You hereby agree to indemnify
|
|
the Initial Developer and every Contributor for any liability incurred by
|
|
the Initial Developer or such Contributor as a result of warranty, support,
|
|
indemnity or liability terms You offer.
|
|
|
|
3.6. Distribution of Executable Versions. You may distribute Covered Code
|
|
in Executable form only if the requirements of Section 3.1-3.5 have been met
|
|
for that Covered Code, and if You include a notice stating that the Source
|
|
Code version of the Covered Code is available under the terms of this License,
|
|
including a description of how and where You have fulfilled the obligations
|
|
of Section 3.2. The notice must be conspicuously included in any notice in
|
|
an Executable version, related documentation or collateral in which You describe
|
|
recipients' rights relating to the Covered Code. You may distribute the Executable
|
|
version of Covered Code under a license of Your choice, which may contain
|
|
terms different from this License, provided that You are in compliance with
|
|
the terms of this License and that the license for the Executable version
|
|
does not attempt to limit or alter the recipient's rights in the Source Code
|
|
version from the rights set forth in this License. If You distribute the Executable
|
|
version under a different license You must make it absolutely clear that any
|
|
terms which differ from this License are offered by You alone, not by the
|
|
Initial Developer or any Contributor. You hereby agree to indemnify the Initial
|
|
Developer and every Contributor for any liability incurred by the Initial
|
|
Developer or such Contributor as a result of any such terms You offer. If
|
|
you distribute executable versions containing Covered Code, you must reproduce
|
|
the notice in Exhibit B in the documentation and/or other materials provided
|
|
with the product.
|
|
|
|
3.7. Larger Works. You may create a Larger Work by combining Covered Code
|
|
with other code not governed by the terms of this License and distribute the
|
|
Larger Work as a single product. In such a case, You must make sure the requirements
|
|
of this License are fulfilled for the Covered Code.
|
|
|
|
4. Inability to Comply Due to Statute or Regulation.
|
|
|
|
If it is impossible for You to comply with any of the terms of this License
|
|
with respect to some or all of the Covered Code due to statute or regulation
|
|
then You must: (a) comply with the terms of this License to the maximum extent
|
|
possible; and (b) Cite all of the statutes or regulations that prohibit you
|
|
from complying fully with this license. (c) describe the limitations and the
|
|
code they affect. Such description must be included in the LEGAL file described
|
|
in Section 3.4 and must be included with all distributions of the Source Code.
|
|
Except to the extent prohibited by statute or regulation, such description
|
|
must be sufficiently detailed for a recipient of ordinary skill to be able
|
|
to understand it.
|
|
|
|
5. Application of this License.
|
|
|
|
This License applies to code to which the Initial Developer has attached the
|
|
notice in Exhibit A, and to related Covered Code.
|
|
|
|
6. Versions of the License.
|
|
|
|
6.1. New Versions. License Author may publish revised and/or new versions
|
|
of the License from time to time. Each version will be given a distinguishing
|
|
version number and shall be submitted to opensource.org for certification.
|
|
|
|
6.2. Effect of New Versions. Once Covered Code has been published under a
|
|
particular version of the License, You may always continue to use it under
|
|
the terms of that version. You may also choose to use such Covered Code under
|
|
the terms of any subsequent version of the License published by Initial Developer.
|
|
No one other than Initial Developer has the right to modify the terms applicable
|
|
to Covered Code created under this License.
|
|
|
|
6.3. Derivative Works. If you create or use a modified version of this License,
|
|
except in association with the required Developer Specific License described
|
|
in section 6.4, (which you may only do in order to apply it to code which
|
|
is not already Covered Code governed by this License), you must (a) rename
|
|
Your license so that the phrases ``Open'', ``OpenPL'', ``OPL'' or any confusingly
|
|
similar phrase do not appear anywhere in your license and (b) otherwise make
|
|
it clear that your version of the license contains terms which differ from
|
|
the Open Public License. (Filling in the name of the Initial Developer, Original
|
|
Code or Contributor in the notice described in Exhibit A shall not of themselves
|
|
be deemed to be modifications of this License.)
|
|
|
|
6.4. Required Additional Developer Specific License
|
|
|
|
This license is a union of the following two parts that should be found as
|
|
text files in the same place (directory), in the order of preeminence:
|
|
|
|
[1] A Developer specific license.
|
|
|
|
[2] The contents of this file OPL_1_0.TXT, stating the general licensing policy
|
|
of the software.
|
|
|
|
In case of conflicting dispositions in the parts of this license, the terms
|
|
of the lower-numbered part will always be superseded by the terms of the higher
|
|
numbered part.
|
|
|
|
7. DISCLAIMER OF WARRANTY.
|
|
|
|
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY
|
|
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
|
|
THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
|
|
PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
|
|
OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN
|
|
ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME
|
|
THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
|
|
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
|
|
CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
|
|
|
|
8. TERMINATION.
|
|
|
|
8.1 Termination upon Breach
|
|
|
|
This License and the rights granted hereunder will terminate automatically
|
|
if You fail to comply with terms herein and fail to cure such breach within
|
|
30 days of becoming aware of the breach. All sublicenses to the Covered Code,
|
|
which are properly granted, shall survive any termination of this License.
|
|
Provisions that, by their nature, must remain in effect beyond the termination
|
|
of this License shall survive.
|
|
|
|
8.2. Termination Upon Litigation. If You initiate litigation by asserting
|
|
a patent infringement claim (excluding declatory judgment actions) against
|
|
Initial Developer or a Contributor (the Initial Developer or Contributor against
|
|
whom You file such action is referred to as "Participant") alleging that:
|
|
|
|
(a) such Participant's Contributor Version directly or indirectly infringes
|
|
any patent, then any and all rights granted by such Participant to You under
|
|
Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant
|
|
terminate prospectively, unless if within 60 days after receipt of notice
|
|
You either: (i) agree in writing to pay Participant a mutually agreeable reasonable
|
|
royalty for Your past and future use of Modifications made by such Participant,
|
|
or (ii) withdraw Your litigation claim with respect to the Contributor Version
|
|
against such Participant. If within 60 days of notice, a reasonable royalty
|
|
and payment arrangement are not mutually agreed upon in writing by the parties
|
|
or the litigation claim is not withdrawn, the rights granted by Participant
|
|
to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration
|
|
of the 60 day notice period specified above.
|
|
|
|
(b) any software, hardware, or device, other than such Participant's Contributor
|
|
Version, directly or indirectly infringes any patent, then any rights granted
|
|
to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective
|
|
as of the date You first made, used, sold, distributed, or had made, Modifications
|
|
made by that Participant.
|
|
|
|
8.3. If You assert a patent infringement claim against Participant alleging
|
|
that such Participant's Contributor Version directly or indirectly infringes
|
|
any patent where such claim is resolved (such as by license or settlement)
|
|
prior to the initiation of patent infringement litigation, then the reasonable
|
|
value of the licenses granted by such Participant under Sections 2.1 or 2.2
|
|
shall be taken into account in determining the amount or value of any payment
|
|
or license.
|
|
|
|
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end
|
|
user license agreements (excluding distributors and resellers) which have
|
|
been validly granted by You or any distributor hereunder prior to termination
|
|
shall survive termination.
|
|
|
|
9. LIMITATION OF LIABILITY.
|
|
|
|
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
|
|
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER
|
|
CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF
|
|
SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
|
|
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
|
|
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
|
|
OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL
|
|
HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
|
|
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
|
|
FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
|
|
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
|
|
OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO
|
|
YOU.
|
|
|
|
10. U.S. GOVERNMENT END USERS.
|
|
|
|
The Covered Code is a ``commercial item,'' as that term is defined in 48 C.F.R.
|
|
2.101 (Oct. 1995), consisting of ``commercial computer software'' and ``commercial
|
|
computer software documentation,'' as such terms are used in 48 C.F.R. 12.212
|
|
(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
|
|
227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code
|
|
with only those rights set forth herein.
|
|
|
|
11. MISCELLANEOUS.
|
|
|
|
his section was intentionally left blank. The contents of this section are
|
|
found in the corresponding addendum described above.
|
|
|
|
12. RESPONSIBILITY FOR CLAIMS.
|
|
|
|
Except in cases where another Contributor has failed to comply with Section
|
|
3.4, You are responsible for damages arising, directly or indirectly, out
|
|
of Your utilization of rights under this License, based on the number of copies
|
|
of Covered Code you made available, the revenues you received from utilizing
|
|
such rights, and other relevant factors. You agree to work with affected parties
|
|
to distribute with Initial Developer responsibility on an equitable basis.
|
|
EXHIBIT A.
|
|
|
|
Text for this Exhibit A is found in the corresponding addendum, described
|
|
in section 6.4 above, text file provided by the Initial Developer. This license
|
|
is not valid or complete with out that file.
|
|
|
|
EXHIBIT B.
|
|
|
|
Text for this Exhibit B is found in the corresponding addendum, described
|
|
in section 6.4 above, text file provided by the Initial Developer. This license
|
|
is not valid or complete with out that file.
|