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.]