gitea/options/license/OPL-1.0

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.