mirror of
https://github.com/go-gitea/gitea
synced 2024-08-26 03:55:26 +02:00
377 lines
20 KiB
Text
377 lines
20 KiB
Text
Nokia Open Source License (NOKOS License)
|
|
|
|
Version 1.0a 1. DEFINITIONS.
|
|
|
|
"Affiliates" of a party shall mean an entity
|
|
|
|
a) which is directly or indirectly controlling such party;
|
|
|
|
b) which is under the same direct or indirect ownership or control as such
|
|
party; or
|
|
|
|
c) which is directly or indirectly owned or controlled by such party.
|
|
|
|
For these purposes, an entity shall be treated as being controlled by another
|
|
if that other entity has fifty percent (50%) or more of the votes in such
|
|
entity, is able to direct its affairs and/or to control the composition of
|
|
its board of directors or equivalent body.
|
|
|
|
"Commercial Use" shall mean distribution or otherwise making the Covered Software
|
|
available to a third party.
|
|
|
|
"Contributor" shall mean each entity that creates or contributes to the creation
|
|
of Modifications.
|
|
|
|
"Contributor Version" shall mean in case of any Contributor the combination
|
|
of the Original Software, prior Modifications used by a Contributor, and the
|
|
Modifications made by that particular Contributor and in case of Nokia in
|
|
addition the Original Software in any form, including the form as Exceutable.
|
|
|
|
"Covered Software" shall mean the Original Software or Modifications or the
|
|
combination of the Original Software and Modifications, in each case including
|
|
portions thereof.
|
|
|
|
"Electronic Distribution Mechanism" shall mean a mechanism generally accepted
|
|
in the software development community for the electronic transfer of data.
|
|
|
|
"Executable" shall mean Covered Software in any form other than Source Code.
|
|
|
|
"Nokia" shall mean Nokia Corporation and its Affiliates.
|
|
|
|
"Larger Work" shall mean a work, which combines Covered Software or portions
|
|
thereof with code not governed by the terms of this License.
|
|
|
|
"License" shall mean this document.
|
|
|
|
"Licensable" shall mean 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.
|
|
|
|
"Modifications" shall mean any addition to or deletion from the substance
|
|
or structure of either the Original Software or any previous Modifications.
|
|
When Covered Software is released as a series of files, a Modification is:
|
|
|
|
a) Any addition to or deletion from the contents of a file containing Original
|
|
Software or previous Modifications.
|
|
|
|
b) Any new file that contains any part of the Original Software or previous
|
|
Modifications.
|
|
|
|
"Original Software" shall mean the Source Code of computer software code which
|
|
is described in the Source Code notice required by Exhibit A as Original Software,
|
|
and which, at the time of its release under this License is not already Covered
|
|
Software governed by this License.
|
|
|
|
"Patent Claims" shall mean any patent claim(s), now owned or hereafter acquired,
|
|
including without limitation, method, process, and apparatus claims, in any
|
|
patent Licensable by grantor.
|
|
|
|
"Source Code" shall mean the preferred form of the Covered Software 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 Software or another well known, available Covered Software 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.
|
|
|
|
"You" (or "Your") shall mean 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
|
|
Affiliates of such entity. 2. SOURCE CODE LICENSE.
|
|
|
|
2.1 Nokia Grant.
|
|
|
|
Subject to the terms of this License, Nokia hereby grants You a world-wide,
|
|
royalty-free, non-exclusive license, subject to third party intellectual property
|
|
claims:
|
|
|
|
a) under copyrights Licensable by Nokia to use, reproduce, modify, display,
|
|
perform, sublicense and distribute the Original Software (or portions thereof)
|
|
with or without Modifications, and/or as part of a Larger Work;
|
|
|
|
b) and under Patents Claims necessarily infringed by the making, using or
|
|
selling of Original Software, to make, have made, use, practice, sell, and
|
|
offer for sale, and/or otherwise dispose of the Original Software (or portions
|
|
thereof).
|
|
|
|
c) The licenses granted in this Section 2.1(a) and (b) are effective on the
|
|
date Nokia first distributes Original Software 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 Software; 2) separate from the
|
|
Original Software; or 3) for infringements caused by: i) the modification
|
|
of the Original Software or ii) the combination of the Original Software with
|
|
other software or devices.
|
|
|
|
2.2 Contributor Grant.
|
|
|
|
Subject to the terms of this License and subject to third party intellectual
|
|
property claims, each Contributor hereby grants You a world-wide, royalty-free,
|
|
non-exclusive license
|
|
|
|
a) under copyrights 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 Software and/or as part of a Larger Work; and
|
|
|
|
b) under Patent Claims necessarily 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 Software.
|
|
|
|
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 Software 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 Software 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 Software to which You contribute to contain a file
|
|
documenting the changes You made to create that Covered Software and the date
|
|
of any change. You must include a prominent statement that the Modification
|
|
is derived, directly or indirectly, from Original Software provided by Nokia
|
|
and including the name of Nokia 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 Software.
|
|
|
|
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
|
|
Software 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 Software. You may choose to offer,
|
|
and to charge a fee for, warranty, support, indemnity or liability obligations
|
|
to one or more recipients of Covered Software. However, You may do so only
|
|
on Your own behalf, and not on behalf of Nokia 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 Nokia
|
|
and every Contributor for any liability incurred by Nokia 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 Software in Executable form only if the requirements
|
|
of Section 3.1-3.5 have been met for that Covered Software, and if You include
|
|
a notice stating that the Source Code version of the Covered Software 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
|
|
Software. You may distribute the Executable version of Covered Software 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 Nokia or any
|
|
Contributor. You hereby agree to indemnify Nokia and every Contributor for
|
|
any liability incurred by Nokia 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 Software with other software
|
|
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 Software. 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 Software 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 Nokia has attached the notice in Exhibit
|
|
A and to related Covered Software. 6. VERSIONS OF THE LICENSE.
|
|
|
|
6.1 New Versions.
|
|
|
|
Nokia 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 Software 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 Software under the terms of any subsequent
|
|
version of the License published by Nokia. No one other than Nokia has the
|
|
right to modify the terms applicable to Covered Software created under this
|
|
License. 7. DISCLAIMER OF WARRANTY.
|
|
|
|
COVERED SOFTWARE 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 SOFTWARE 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 SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE
|
|
PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT NOKIA, ITS LICENSORS OR AFFILIATES
|
|
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 SOFTWARE 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 Software
|
|
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 Nokia or a Contributor (Nokia 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, NOKIA, ANY OTHER CONTRIBUTOR,
|
|
OR ANY DISTRIBUTOR OF COVERED SOFTWARE, 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,
|
|
BUT MAY ALLOW LIABILITY TO BE LIMITED; IN SUCH CASES, A PARTY's, ITS EMPLOYEES,
|
|
LICENSORS OR AFFILIATES' LIABILITY SHALL BE LIMITED TO U.S. $50. Nothing contained
|
|
in this License shall prejudice the statutory rights of any party dealing
|
|
as a consumer. 10. MISCELLANEOUS.
|
|
|
|
This License represents the complete agreement concerning subject matter hereof.
|
|
All rights in the Covered Software not expressly granted under this License
|
|
are reserved. Nothing in this License shall grant You any rights to use any
|
|
of the trademarks of Nokia or any of its Affiliates, even if any of such trademarks
|
|
are included in any part of Covered Software and/or documentation to it.
|
|
|
|
This License is governed by the laws of Finland excluding its conflict-of-law
|
|
provisions. All disputes arising from or relating to this Agreement shall
|
|
be settled by a single arbitrator appointed by the Central Chamber of Commerce
|
|
of Finland. The arbitration procedure shall take place in Helsinki, Finland
|
|
in the English language. If any part of this Agreement is found void and unenforceable,
|
|
it will not affect the validity of the balance of the Agreement, which shall
|
|
remain valid and enforceable according to its terms. 11. RESPONSIBILITY FOR
|
|
CLAIMS.
|
|
|
|
As between Nokia 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 Nokia and Contributors to distribute
|
|
such responsibility on an equitable basis. Nothing herein is intended or shall
|
|
be deemed to constitute any admission of liability. EXHIBIT A
|
|
|
|
The contents of this file are subject to the NOKOS License Version 1.0 (the
|
|
"License"); you may not use this file except in compliance with the License.
|
|
|
|
Software distributed under the License is distributed on an "AS IS" basis,
|
|
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
|
|
the specific language governing rights and limitations under the License.
|
|
|
|
The Original Software is
|
|
|
|
______________________________________.
|
|
|
|
Copyright © <year> Nokia and others. All Rights Reserved.
|
|
|
|
Contributor(s): ______________________________________.
|