code.gitea.io/gitea@v1.22.3/options/license/TPL-1.0 (about) 1 THOR Public Licence (TPL) 2 3 0. Notes of Origin 4 5 0.1 As required by paragraph 6.3 of the "Mozilla Public Licence", 6 "MPL" in the following, it is hereby stated that this Licence 7 condition ("TPL") differs in the following items from the original 8 "Mozilla Public Licence" as provided by "Netscape Communications 9 Corporation": 10 11 a) Paragraphs 6.2 and 6.3 of the MPL has been modified to bind licence 12 modifications to the Author of this Licence, Thomas Richter. 13 14 b) Paragraph 11 has been modified to gover this Licence by German 15 law rather than Californian Law. 16 17 c) The licence has been renamed to "TPL" and "THOR Public 18 Licence". All references towards "MPL" have been removed except in 19 section 0 to indicate the difference from "MPL". 20 21 No other modifications have been made. 22 23 24 1. Definitions. 25 26 1.0.1. "Commercial Use" means distribution or otherwise making the 27 Covered Code available to a third party. 28 29 1.1. "Contributor" means each entity that creates or contributes to 30 the creation of Modifications. 31 32 1.2. "Contributor Version" means the combination of the Original Code, 33 prior Modifications used by a Contributor, and the Modifications made 34 by that particular Contributor. 35 36 1.3. "Covered Code" means the Original Code or Modifications or the 37 combination of the Original Code and Modifications, in each case 38 including portions thereof. 39 40 1.4. "Electronic Distribution Mechanism" means a mechanism generally 41 accepted in the software development community for the electronic 42 transfer of data. 43 44 1.5. "Executable" means Covered Code in any form other than Source 45 Code. 46 47 1.6. "Initial Developer" means the individual or entity identified as 48 the Initial Developer in the Source Code notice required by Exhibit A. 49 50 1.7. "Larger Work" means a work which combines Covered Code or 51 portions thereof with code not governed by the terms of this License. 52 53 1.8. "License" means this document. 54 55 1.8.1. "Licensable" means having the right to grant, to the maximum 56 extent possible, whether at the time of the initial grant or 57 subsequently acquired, any and all of the rights conveyed herein. 58 59 1.9. "Modifications" means any addition to or deletion from the 60 substance or structure of either the Original Code or any previous 61 Modifications. When Covered Code is released as a series of files, a 62 Modification is: A. Any addition to or deletion from the contents of a 63 file containing Original Code or previous Modifications. 64 65 B. Any new file that contains any part of the Original Code or 66 previous Modifications. 67 68 1.10. "Original Code" means Source Code of computer software code 69 which is described in the Source Code notice required by Exhibit A as 70 Original Code, and which, at the time of its release under this 71 License is not already Covered Code governed by this License. 72 73 1.10.1. "Patent Claims" means any patent claim(s), now owned or 74 hereafter acquired, including without limitation, method, process, and 75 apparatus claims, in any patent Licensable by grantor. 76 77 1.11. "Source Code" means the preferred form of the Covered Code for 78 making modifications to it, including all modules it contains, plus 79 any associated interface definition files, scripts used to control 80 compilation and installation of an Executable, or source code 81 differential comparisons against either the Original Code or another 82 well known, available Covered Code of the Contributor's choice. The 83 Source Code can be in a compressed or archival form, provided the 84 appropriate decompression or de-archiving software is widely available 85 for no charge. 86 87 1.12. "You" (or "Your") means an individual or a legal entity 88 exercising rights under, and complying with all of the terms of, this 89 License or a future version of this License issued under Section 90 6.1. For legal entities, "You" includes any entity which controls, is 91 controlled by, or is under common control with You. For purposes of 92 this definition, "control" means (a) the power, direct or indirect, to 93 cause the direction or management of such entity, whether by contract 94 or otherwise, or (b) ownership of more than fifty percent (50%) of the 95 outstanding shares or beneficial ownership of such entity. 96 97 2. Source Code License. 98 99 2.1. The Initial Developer Grant. The Initial Developer hereby grants 100 You a world-wide, royalty-free, non-exclusive license, subject to 101 third party intellectual property claims: (a) under intellectual 102 property rights (other than patent or trademark) Licensable by Initial 103 Developer to use, reproduce, modify, display, perform, sublicense and 104 distribute the Original Code (or portions thereof) with or without 105 Modifications, and/or as part of a Larger Work; and 106 107 (b) under Patents Claims infringed by the making, using or selling of 108 Original Code, to make, have made, use, practice, sell, and offer for 109 sale, and/or otherwise dispose of the Original Code (or portions 110 thereof). 111 112 (c) the licenses granted in this Section 2.1(a) and (b) are effective 113 on the date Initial Developer first distributes Original Code under 114 the terms of this License. 115 116 (d) Notwithstanding Section 2.1(b) above, no patent license is 117 granted: 1) for code that You delete from the Original Code; 2) 118 separate from the Original Code; or 3) for infringements caused by: i) 119 the modification of the Original Code or ii) the combination of the 120 Original Code with other software or devices. 121 122 2.2. Contributor Grant. Subject to third party intellectual property 123 claims, each Contributor hereby grants You a world-wide, royalty-free, 124 non-exclusive license 125 126 (a) under intellectual property rights (other than patent or 127 trademark) Licensable by Contributor, to use, reproduce, modify, 128 display, perform, sublicense and distribute the Modifications created 129 by such Contributor (or portions thereof) either on an unmodified 130 basis, with other Modifications, as Covered Code and/or as part of a 131 Larger Work; and 132 133 (b) under Patent Claims infringed by the making, using, or selling of 134 Modifications made by that Contributor either alone and/or in 135 combination with its Contributor Version (or portions of such 136 combination), to make, use, sell, offer for sale, have made, and/or 137 otherwise dispose of: 1) Modifications made by that Contributor (or 138 portions thereof); and 2) the combination of Modifications made by 139 that Contributor with its Contributor Version (or portions of such 140 combination). 141 142 (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective 143 on the date Contributor first makes Commercial Use of the Covered 144 Code. 145 146 (d) Notwithstanding Section 2.2(b) above, no patent license is 147 granted: 1) for any code that Contributor has deleted from the 148 Contributor Version; 2) separate from the Contributor Version; 3) for 149 infringements caused by: i) third party modifications of Contributor 150 Version or ii) the combination of Modifications made by that 151 Contributor with other software (except as part of the Contributor 152 Version) or other devices; or 4) under Patent Claims infringed by 153 Covered Code in the absence of Modifications made by that Contributor. 154 155 156 3. Distribution Obligations. 157 158 3.1. Application of License. The Modifications which You create or to 159 which You contribute are governed by the terms of this License, 160 including without limitation Section 2.2. The Source Code version of 161 Covered Code may be distributed only under the terms of this License 162 or a future version of this License released under Section 6.1, and 163 You must include a copy of this License with every copy of the Source 164 Code You distribute. You may not offer or impose any terms on any 165 Source Code version that alters or restricts the applicable version of 166 this License or the recipients' rights hereunder. However, You may 167 include an additional document offering the additional rights 168 described in Section 3.5. 169 170 3.2. Availability of Source Code. Any Modification which You create 171 or to which You contribute must be made available in Source Code form 172 under the terms of this License either on the same media as an 173 Executable version or via an accepted Electronic Distribution 174 Mechanism to anyone to whom you made an Executable version available; 175 and if made available via Electronic Distribution Mechanism, must 176 remain available for at least twelve (12) months after the date it 177 initially became available, or at least six (6) months after a 178 subsequent version of that particular Modification has been made 179 available to such recipients. You are responsible for ensuring that 180 the Source Code version remains available even if the Electronic 181 Distribution Mechanism is maintained by a third party. 182 183 3.3. Description of Modifications. You must cause all Covered Code to 184 which You contribute to contain a file documenting the changes You 185 made to create that Covered Code and the date of any change. You must 186 include a prominent statement that the Modification is derived, 187 directly or indirectly, from Original Code provided by the Initial 188 Developer and including the name of the Initial Developer in (a) the 189 Source Code, and (b) in any notice in an Executable version or related 190 documentation in which You describe the origin or ownership of the 191 Covered Code. 192 193 3.4. Intellectual Property Matters (a) Third Party Claims. If 194 Contributor has knowledge that a license under a third party's 195 intellectual property rights is required to exercise the rights 196 granted by such Contributor under Sections 2.1 or 2.2, Contributor 197 must include a text file with the Source Code distribution titled 198 "LEGAL" which describes the claim and the party making the claim in 199 sufficient detail that a recipient will know whom to contact. If 200 Contributor obtains such knowledge after the Modification is made 201 available as described in Section 3.2, Contributor shall promptly 202 modify the LEGAL file in all copies Contributor makes available 203 thereafter and shall take other steps (such as notifying appropriate 204 mailing lists or newsgroups) reasonably calculated to inform those who 205 received the Covered Code that new knowledge has been obtained. 206 207 (b) Contributor APIs. If Contributor's Modifications include an 208 application programming interface and Contributor has knowledge of 209 patent licenses which are reasonably necessary to implement that API, 210 Contributor must also include this information in the LEGAL file. 211 212 (c) Representations. Contributor represents that, except as disclosed 213 pursuant to Section 3.4(a) above, Contributor believes that 214 Contributor's Modifications are Contributor's original creation(s) 215 and/or Contributor has sufficient rights to grant the rights conveyed 216 by this License. 217 218 219 3.5. Required Notices. You must duplicate the notice in Exhibit A in 220 each file of the Source Code. If it is not possible to put such 221 notice in a particular Source Code file due to its structure, then You 222 must include such notice in a location (such as a relevant directory) 223 where a user would be likely to look for such a notice. If You 224 created one or more Modification(s) You may add your name as a 225 Contributor to the notice described in Exhibit A. You must also 226 duplicate this License in any documentation for the Source Code where 227 You describe recipients' rights or ownership rights relating to 228 Covered Code. You may choose to offer, and to charge a fee for, 229 warranty, support, indemnity or liability obligations to one or more 230 recipients of Covered Code. However, You may do so only on Your own 231 behalf, and not on behalf of the Initial Developer or any 232 Contributor. You must make it absolutely clear than any such warranty, 233 support, indemnity or liability obligation is offered by You alone, 234 and You hereby agree to indemnify the Initial Developer and every 235 Contributor for any liability incurred by the Initial Developer or 236 such Contributor as a result of warranty, support, indemnity or 237 liability terms You offer. 238 239 3.6. Distribution of Executable Versions. You may distribute Covered 240 Code in Executable form only if the requirements of Section 3.1-3.5 241 have been met for that Covered Code, and if You include a notice 242 stating that the Source Code version of the Covered Code is available 243 under the terms of this License, including a description of how and 244 where You have fulfilled the obligations of Section 3.2. The notice 245 must be conspicuously included in any notice in an Executable version, 246 related documentation or collateral in which You describe recipients' 247 rights relating to the Covered Code. You may distribute the Executable 248 version of Covered Code or ownership rights under a license of Your 249 choice, which may contain terms different from this License, provided 250 that You are in compliance with the terms of this License and that the 251 license for the Executable version does not attempt to limit or alter 252 the recipient's rights in the Source Code version from the rights set 253 forth in this License. If You distribute the Executable version under 254 a different license You must make it absolutely clear that any terms 255 which differ from this License are offered by You alone, not by the 256 Initial Developer or any Contributor. You hereby agree to indemnify 257 the Initial Developer and every Contributor for any liability incurred 258 by the Initial Developer or such Contributor as a result of any such 259 terms You offer. 260 261 3.7. Larger Works. You may create a Larger Work by combining Covered 262 Code with other code not governed by the terms of this License and 263 distribute the Larger Work as a single product. In such a case, You 264 must make sure the requirements of this License are fulfilled for the 265 Covered Code. 266 267 4. Inability to Comply Due to Statute or Regulation. 268 269 If it is impossible for You to comply with any of the terms of this 270 License with respect to some or all of the Covered Code due to 271 statute, judicial order, or regulation then You must: (a) comply with 272 the terms of this License to the maximum extent possible; and (b) 273 describe the limitations and the code they affect. Such description 274 must be included in the LEGAL file described in Section 3.4 and must 275 be included with all distributions of the Source Code. Except to the 276 extent prohibited by statute or regulation, such description must be 277 sufficiently detailed for a recipient of ordinary skill to be able to 278 understand it. 279 280 5. Application of this License. 281 282 This License applies to code to which the Initial Developer has 283 attached the notice in Exhibit A and to related Covered Code. 284 285 6. Versions of the License. 286 287 6.1. New Versions. Thomas Richter may publish revised and/or new 288 versions of the License from time to time. Each version will be given 289 a distinguishing version number. 290 291 6.2. Effect of New Versions. Once Covered Code has been published 292 under a particular version of the License, You may always continue to 293 use it under the terms of that version. You may also choose to use 294 such Covered Code under the terms of any subsequent version of the 295 License published by Thomas Richter. No one other than Thomas Richter 296 has the right to modify the terms applicable to Covered Code created 297 under this License. 298 299 6.3. Derivative Works. If You create or use a modified version of 300 this License (which you may only do in order to apply it to code which 301 is not already Covered Code governed by this License), You must (a) 302 rename Your license so that the phrases "TPL", "THOR Software", 303 "Thomas Richter" or any confusingly similar phrase do not appear in 304 your license (except to note that your license differs from this 305 License) and (b) otherwise make it clear that Your version of the 306 license contains terms which differ from the THOR Public 307 License. (Filling in the name of the Initial Developer, Original Code 308 or Contributor in the notice described in Exhibit A shall not of 309 themselves be deemed to be modifications of this License.) 310 311 7. DISCLAIMER OF WARRANTY. 312 313 COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, 314 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, 315 WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF 316 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR 317 NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF 318 THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE 319 IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER 320 CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR 321 CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART 322 OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER 323 EXCEPT UNDER THIS DISCLAIMER. 324 325 8. TERMINATION. 326 327 8.1. This License and the rights granted hereunder will terminate 328 automatically if You fail to comply with terms herein and fail to cure 329 such breach within 30 days of becoming aware of the breach. All 330 sublicenses to the Covered Code which are properly granted shall 331 survive any termination of this License. Provisions which, by their 332 nature, must remain in effect beyond the termination of this License 333 shall survive. 334 335 8.2. If You initiate litigation by asserting a patent infringement 336 claim (excluding declatory judgment actions) against Initial Developer 337 or a Contributor (the Initial Developer or Contributor against whom 338 You file such action is referred to as "Participant") alleging that: 339 340 (a) such Participant's Contributor Version directly or indirectly 341 infringes any patent, then any and all rights granted by such 342 Participant to You under Sections 2.1 and/or 2.2 of this License 343 shall, upon 60 days notice from Participant terminate prospectively, 344 unless if within 60 days after receipt of notice You either: (i) agree 345 in writing to pay Participant a mutually agreeable reasonable royalty 346 for Your past and future use of Modifications made by such 347 Participant, or (ii) withdraw Your litigation claim with respect to 348 the Contributor Version against such Participant. If within 60 days 349 of notice, a reasonable royalty and payment arrangement are not 350 mutually agreed upon in writing by the parties or the litigation claim 351 is not withdrawn, the rights granted by Participant to You under 352 Sections 2.1 and/or 2.2 automatically terminate at the expiration of 353 the 60 day notice period specified above. 354 355 (b) any software, hardware, or device, other than such Participant's 356 Contributor Version, directly or indirectly infringes any patent, then 357 any rights granted to You by such Participant under Sections 2.1(b) 358 and 2.2(b) are revoked effective as of the date You first made, used, 359 sold, distributed, or had made, Modifications made by that 360 Participant. 361 362 8.3. If You assert a patent infringement claim against Participant 363 alleging that such Participant's Contributor Version directly or 364 indirectly infringes any patent where such claim is resolved (such as 365 by license or settlement) prior to the initiation of patent 366 infringement litigation, then the reasonable value of the licenses 367 granted by such Participant under Sections 2.1 or 2.2 shall be taken 368 into account in determining the amount or value of any payment or 369 license. 370 371 8.4. In the event of termination under Sections 8.1 or 8.2 above, all 372 end user license agreements (excluding distributors and resellers) 373 which have been validly granted by You or any distributor hereunder 374 prior to termination shall survive termination. 375 376 9. LIMITATION OF LIABILITY. 377 378 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT 379 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL 380 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, 381 OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR 382 ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY 383 CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, 384 WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER 385 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN 386 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF 387 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY 388 RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW 389 PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE 390 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO 391 THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 392 393 10. U.S. GOVERNMENT END USERS. 394 395 The Covered Code is a "commercial item," as that term is defined in 48 396 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" 397 and "commercial computer software documentation," as such terms are 398 used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 399 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), 400 all U.S. Government End Users acquire Covered Code with only those 401 rights set forth herein. 402 403 11. MISCELLANEOUS. 404 405 This License represents the complete agreement concerning subject 406 matter hereof. If any provision of this License is held to be 407 unenforceable, such provision shall be reformed only to the extent 408 necessary to make it enforceable. This License shall be governed by 409 German law provisions (except to the extent applicable law, if any, 410 provides otherwise), excluding its conflict-of-law provisions. With 411 respect to disputes in which at least one party is a citizen of, or an 412 entity chartered or registered to do business in Federal Republic of 413 Germany, any litigation relating to this License shall be subject to 414 the jurisdiction of the Federal Courts of the Federal Republic of 415 Germany, with the losing party responsible for costs, including 416 without limitation, court costs and reasonable attorneys' fees and 417 expenses. Any law or regulation which provides that the language of a 418 contract shall be construed against the drafter shall not apply to 419 this License. 420 421 12. RESPONSIBILITY FOR CLAIMS. 422 423 As between Initial Developer and the Contributors, each party is 424 responsible for claims and damages arising, directly or indirectly, 425 out of its utilization of rights under this License and You agree to 426 work with Initial Developer and Contributors to distribute such 427 responsibility on an equitable basis. Nothing herein is intended or 428 shall be deemed to constitute any admission of liability. 429 430 13. MULTIPLE-LICENSED CODE. 431 432 Initial Developer may designate portions of the Covered Code as 433 Multiple-Licensed. Multiple-Licensed means that the Initial Developer 434 permits you to utilize portions of the Covered Code under Your choice 435 of the TPL or the alternative licenses, if any, specified by the 436 Initial Developer in the file described in Exhibit A. 437 438 439 EXHIBIT A - THOR Public License. 440 441 The contents of this file are subject to the THOR Public License 442 Version 1.0 (the "License"); you may not use this file except in 443 compliance with the License. 444 445 Software distributed under the License is distributed on an "AS IS" 446 basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See 447 the License for the specificlanguage governing rights and limitations 448 under the License. 449 450 The Original Code is ______________________________________. 451 452 The Initial Developer of the Original Code is _____________. 453 454 Portions created by ______________________ are 455 Copyright (C) ______ _______________________. 456 457 All Rights Reserved. 458 459 Contributor(s): ______________________________________. 460 461 Alternatively, the contents of this file may be used under the terms 462 of the _____ license (the [___] License), in which case the provisions 463 of [______] License are applicable instead of those above. If you 464 wish to allow use of your version of this file only under the terms of 465 the [____] License and not to allow others to use your version of this 466 file under the TPL, indicate your decision by deleting the provisions 467 above and replace them with the notice and other provisions required 468 by the [___] License. If you do not delete the provisions above, a 469 recipient may use your version of this file under either the TPL or 470 the [___] License." 471 472 [NOTE: The text of this Exhibit A may differ slightly from the text of 473 the notices in the Source Code files of the Original Code. You should 474 use the text of this Exhibit A rather than the text found in the 475 Original Code Source Code for Your Modifications.]