github.com/apache/skywalking-eyes@v0.6.0/assets/lcs-templates/BitTorrent-1.0.txt (about)

     1  BitTorrent Open Source License
     2  
     3  Version 1.0
     4  
     5  This BitTorrent Open Source License (the "License") applies to the BitTorrent client and related software products as
     6  well as any updates or maintenance releases of that software ("BitTorrent Products") that are distributed by
     7  BitTorrent, Inc. ("Licensor").  Any BitTorrent Product licensed pursuant to this License is a Licensed Product.
     8  Licensed Product, in its entirety, is protected by U.S. copyright law.  This License identifies the terms under which
     9  you may use, copy, distribute or modify Licensed Product.
    10  
    11  Preamble
    12  
    13  This Preamble is intended to describe, in plain English, the nature and scope of this License.  However, this
    14  Preamble is not a part of this license.  The legal effect of this License is dependent only upon the terms of the
    15  License and not this Preamble.
    16  
    17  This License complies with the Open Source Definition and is derived from the Jabber Open Source License 1.0 (the
    18  "JOSL"), which has been approved by Open Source Initiative. Sections 4(c) and 4(f)(iii) from the JOSL have been
    19  dropped.
    20  
    21  This License provides that:
    22  
    23  1.      You may use, sell or give away the Licensed Product, alone or as a component of an aggregate software
    24  distribution containing programs from several different sources.  No royalty or other fee is required.
    25  
    26  2.      Both Source Code and executable versions of the Licensed Product, including Modifications made by previous
    27  Contributors, are available for your use.  (The terms "Licensed Product," "Modifications," "Contributors" and "Source
    28  Code" are defined in the License.)
    29  
    30  3.      You are allowed to make Modifications to the Licensed Product, and you can create Derivative Works from it.
    31  (The term "Derivative Works" is defined in the License.)
    32  
    33  4.      By accepting the Licensed Product under the provisions of this License, you agree that any Modifications you
    34  make to the Licensed Product and then distribute are governed by the provisions of this License.  In particular, you
    35  must make the Source Code of your Modifications available to others.
    36  
    37  5.      You may use the Licensed Product for any purpose, but the Licensor is not providing you any warranty
    38  whatsoever, nor is the Licensor accepting any liability in the event that the Licensed Product doesn't work properly
    39  or causes you any injury or damages.
    40  
    41  6.      If you sublicense the Licensed Product or Derivative Works, you may charge fees for warranty or support, or
    42  for accepting indemnity or liability obligations to your customers.  You cannot charge for the Source Code.
    43  
    44  7.      If you assert any patent claims against the Licensor relating to the Licensed Product, or if you breach any
    45  terms of the License, your rights to the Licensed Product under this License automatically terminate.
    46  
    47  You may use this License to distribute your own Derivative Works, in which case the provisions of this License will
    48  apply to your Derivative Works just as they do to the original Licensed Product.
    49  
    50  Alternatively, you may distribute your Derivative Works under any other OSI-approved Open Source license, or under a
    51  proprietary license of your choice.  If you use any license other than this License, however, you must continue to
    52  fulfill the requirements of this License (including the provisions relating to publishing the Source Code) for those
    53  portions of your Derivative Works that consist of the Licensed Product, including the files containing Modifications.
    54  
    55  New versions of this License may be published from time to time.  You may choose to  continue to use the license
    56  terms in this version of the License or those from the new version.  However, only the Licensor has the right to
    57  change the License terms as they apply to the Licensed Product.
    58  
    59  This License relies on precise definitions for certain terms.  Those terms are defined when they are first used, and
    60  the definitions are repeated for your convenience in a Glossary at the end of the License.
    61  
    62  
    63  License Terms
    64  
    65  1.      Grant of License From Licensor.  Licensor hereby grants you a world-wide, royalty-free, non-exclusive
    66  license, subject to third party intellectual property claims, to do the following:
    67  
    68  a.       Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by such
    69  Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as
    70  part of Derivative Works.
    71  
    72  b.       Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for
    73  sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any
    74  such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of
    75  Modifications or portions thereof or Derivative Works thereof.
    76  
    77  
    78  2. Grant of License to Modifications From Contributor. "Modifications" means any additions to or deletions from the
    79  substance or structure of (i) a file containing Licensed Product, or (ii) any new file that contains any part of
    80  Licensed Product. Hereinafter in this License, the term "Licensed Product" shall include all previous Modifications
    81  that you receive from any Contributor. By application of the provisions in Section 4(a) below, each person or entity
    82  who created or contributed to the creation of, and distributed, a Modification (a "Contributor") hereby grants you a
    83  world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to do the
    84  following:
    85  
    86     1. Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by such
    87  Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as
    88  part of Derivative Works.
    89  
    90     2. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for
    91  sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any
    92  such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of
    93  Modifications or portions thereof or Derivative Works thereof.
    94  
    95  
    96  3.      Exclusions From License Grant.  Nothing in this License shall be deemed to grant any rights to trademarks,
    97  copyrights, patents, trade secrets or any other intellectual property of Licensor or any Contributor except as
    98  expressly stated herein. No patent license is granted separate from the Licensed Product, for code that you delete
    99  from the Licensed Product, or for combinations of the Licensed Product with other software or hardware.  No right is
   100  granted to the trademarks of Licensor or any Contributor even if such marks are included in the Licensed Product.
   101  Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this
   102  License any code that Licensor otherwise would have a right to license.
   103  
   104  
   105  4.      Your Obligations Regarding Distribution.
   106  
   107  a.       Application of This License to Your Modifications.  As an express condition for your use of the Licensed
   108  Product, you hereby agree that any Modifications that you create or to which you contribute, and which you
   109  distribute, are governed by the terms of this License including, without limitation, Section 2.  Any Modifications
   110  that you create or to which you contribute may be distributed only under the terms of this License or a future
   111  version of this License released under Section 7.  You must include a copy of this License with every copy of the
   112  Modifications you distribute.  You agree not to offer or impose any terms on any Source Code or executable version of
   113  the Licensed Product or Modifications that alter or restrict the applicable version of this License or the
   114  recipients' rights hereunder. However, you may include an additional document offering the additional rights
   115  described in Section 4(d).
   116  
   117  b.       Availability of Source Code.  You must make available, under the terms of this License, the Source Code of
   118  the Licensed Product and any Modifications that you distribute, either on the same media as you distribute any
   119  executable or other form of the Licensed Product, or via a mechanism generally accepted in the software development
   120  community for the electronic transfer of data (an "Electronic Distribution Mechanism").  The Source Code for any
   121  version of Licensed Product or Modifications that you distribute must remain available for at least twelve (12)
   122  months after the date it initially became available, or at least six (6) months after a subsequent version of said
   123  Licensed Product or Modifications has been made available.  You are responsible for ensuring that the Source Code
   124  version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
   125  
   126  c.       Intellectual Property Matters.
   127  
   128                                  i.            Third Party Claims.  If you have knowledge that a license to a third
   129  party's intellectual property right is required to exercise the rights granted by this License, you must include a
   130  text file with the Source Code distribution titled "LEGAL" that describes the claim and the party making the claim in
   131  sufficient detail that a recipient will know whom to contact.  If you obtain such knowledge after you make any
   132  Modifications available as described in Section 4(b), you shall promptly modify the LEGAL file in all copies you make
   133  available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups)
   134  reasonably calculated to inform those who received the Licensed Product from you that new knowledge has been
   135  obtained.
   136  
   137                                 ii.            Contributor APIs.  If your Modifications include an application
   138  programming interface ("API") and you have knowledge of patent licenses that are reasonably necessary to implement
   139  that API, you must also include this information in the LEGAL file.
   140  
   141                                iii.            Representations.  You represent that, except as disclosed pursuant to
   142  4(c)(i) above, you believe that any Modifications you distribute are your original creations and that you have
   143  sufficient rights to grant the rights conveyed by this License.
   144  
   145  d.       Required Notices.  You must duplicate this License in any documentation you provide along with the Source
   146  Code of any Modifications you create or to which you contribute, and which you distribute, wherever you describe
   147  recipients' rights relating to Licensed Product.  You must duplicate the notice contained in Exhibit A (the "Notice")
   148  in each file of the Source Code of any copy you distribute of the Licensed Product. If you created a Modification,
   149  you may add your name as a Contributor to the Notice.  If it is not possible to put the Notice in a particular Source
   150  Code file due to its structure, then you must include such Notice in a location (such as a relevant directory file)
   151  where a user would be likely to look for such a notice.  You may choose to offer, and charge a fee for, warranty,
   152  support, indemnity or liability obligations to one or more recipients of Licensed Product. However, you may do so
   153  only on your own behalf, and not on behalf of the Licensor or any Contributor.  You must make it clear that any such
   154  warranty, support, indemnity or liability obligation is offered by you alone, and you hereby agree to indemnify the
   155  Licensor and every Contributor for any liability incurred by the Licensor or such Contributor as a result of
   156  warranty, support, indemnity or liability terms you offer.
   157  
   158  e.        Distribution of Executable Versions.  You may distribute Licensed Product as an executable program under a
   159  license of your choice that may contain terms different from this License provided (i) you have satisfied the
   160  requirements of Sections 4(a) through 4(d) for that distribution, (ii) you include a conspicuous notice in the
   161  executable version, related documentation and collateral materials stating that the Source Code version of the
   162  Licensed Product is available under the terms of this License, including a description of how and where you have
   163  fulfilled the obligations of Section 4(b), and (iii) you make it clear that any terms that differ from this License
   164  are offered by you alone, not by Licensor or any Contributor.  You hereby agree to indemnify the Licensor and every
   165  Contributor for any liability incurred by Licensor or such Contributor as a result of any terms you offer.
   166  
   167  f.       Distribution of Derivative Works.  You may create Derivative Works (e.g., combinations of some or all of the
   168  Licensed Product with other code) and distribute the Derivative Works as products under any other license you select,
   169  with the proviso that the requirements of this License are fulfilled for those portions of the Derivative Works that
   170  consist of the Licensed Product or any Modifications thereto.
   171  
   172  
   173  5.      Inability to Comply Due to Statute or Regulation.  If it is impossible for you to comply with any of the
   174  terms of this License with respect to some or all of the Licensed Product due to statute, judicial order, or
   175  regulation, then you must (i) comply with the terms of this License to the maximum extent possible, (ii) cite the
   176  statute or regulation that prohibits you from adhering to the License, and (iii) describe the limitations and the
   177  code they affect. Such description must be included in the LEGAL file described in Section 4(d), and must be included
   178  with all distributions of the Source Code.  Except to the extent prohibited by statute or regulation, such
   179  description must be sufficiently detailed for a recipient of ordinary skill at computer programming to be able to
   180  understand it.
   181  
   182  
   183  6.      Application of This License.  This License applies to code to which Licensor or Contributor has attached the
   184  Notice in Exhibit A, which is incorporated herein by this reference.
   185  
   186  
   187  7.      Versions of This License.
   188  
   189  a.       New Versions.  Licensor may publish from time to time revised and/or new versions of the License.
   190  
   191  b.       Effect of New Versions.  Once Licensed Product has been published under a particular version of the License,
   192  you may always continue to use it under the terms of that version.  You may also choose to use such Licensed Product
   193  under the terms of any subsequent version of the License published by Licensor.  No one other than Licensor has the
   194  right to modify the terms applicable to Licensed Product created under this License.
   195  
   196  c.       Derivative Works of this License.  If you create or use a modified version of this License, which you may do
   197  only in order to apply it to software that is not already a Licensed Product under this License, you must rename your
   198  license so that it is not confusingly similar to this License, and must make it clear that your license contains
   199  terms that differ from this License.  In so naming your license, you may not use any trademark of Licensor or any
   200  Contributor.
   201  
   202  
   203  8.      Disclaimer of Warranty.  LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY
   204  OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED PRODUCT IS FREE
   205  OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
   206  PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU.  SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU (AND
   207  NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION.  THIS
   208  DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED PRODUCT IS AUTHORIZED
   209  HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
   210  
   211  
   212  9.      Termination.
   213  
   214  a.       Automatic Termination Upon Breach.  This license and the rights granted hereunder will terminate
   215  automatically if you fail to comply with the terms herein and fail to cure such breach within thirty (30) days of
   216  becoming aware of the breach.  All sublicenses to the Licensed Product that are properly granted shall survive any
   217  termination of this license.  Provisions that, by their nature, must remain in effect beyond the termination of this
   218  License, shall survive.
   219  
   220  b.       Termination Upon Assertion of Patent Infringement.  If you initiate litigation by asserting a patent
   221  infringement claim (excluding declaratory judgment actions) against Licensor or a Contributor (Licensor or
   222  Contributor against whom you file such an action is referred to herein as Respondent) alleging that Licensed Product
   223  directly or indirectly infringes any patent, then any and all rights granted by such Respondent to you under Sections
   224  1 or 2 of this License shall terminate prospectively upon sixty (60) days notice from Respondent (the "Notice
   225  Period") unless within that Notice Period you either agree in writing (i) to pay Respondent a mutually agreeable
   226  reasonably royalty for your past or future use of Licensed Product made by such Respondent, or (ii) withdraw your
   227  litigation claim with respect to Licensed Product against such Respondent.  If within said Notice Period a reasonable
   228  royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not
   229  withdrawn, the rights granted by Licensor to you under Sections 1 and 2 automatically terminate at the expiration of
   230  said Notice Period.
   231  
   232  c.       Reasonable Value of This License.  If you assert a patent infringement claim against Respondent alleging
   233  that Licensed Product directly or indirectly infringes any patent where such claim is resolved (such as by license or
   234  settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses
   235  granted by said Respondent under Sections 1 and 2 shall be taken into account in determining the amount or value of
   236  any payment or license.
   237  
   238  d.       No Retroactive Effect of Termination.  In the event of termination under Sections 9(a) or 9(b) above, all
   239  end user license agreements (excluding licenses to distributors and resellers) that have been validly granted by you
   240  or any distributor hereunder prior to termination shall survive termination.
   241  
   242  
   243  10.  Limitation of Liability.  UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE),
   244  CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER
   245  OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
   246  ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
   247  MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
   248  POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
   249  RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.  SOME JURISDICTIONS DO
   250  NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY
   251  NOT APPLY TO YOU.
   252  
   253  
   254  11.  Responsibility for Claims.  As between Licensor and Contributors, each party is responsible for claims and
   255  damages arising, directly or indirectly, out of its utilization of rights under this License.  You agree to work with
   256  Licensor and Contributors to distribute such responsibility on an equitable basis.  Nothing herein is intended or
   257  shall be deemed to constitute any admission of liability.
   258  
   259  
   260  12.  U.S. Government End Users.  The Licensed Product is a commercial item, as that term is defined in 48 C.F.R.
   261  2.101 (Oct. 1995), consisting of commercial computer software and commercial computer software documentation, as such
   262  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
   263  227.7202-4 (June 1995), all U.S. Government End Users acquire Licensed Product with only those rights set forth
   264  herein.
   265  
   266  
   267  13.  Miscellaneous.  This License represents the complete agreement concerning the subject matter hereof.  If any
   268  provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary
   269  to make it enforceable.  This License shall be governed by California law provisions (except to the extent applicable
   270  law, if any, provides otherwise), excluding its conflict-of-law provisions.  You expressly agree that any litigation
   271  relating to this license shall be subject to the jurisdiction of the Federal Courts of the Northern District of
   272  California or the Superior Court of the County of Santa Clara, California (as appropriate), with venue lying in Santa
   273  Clara County, California, with the losing party responsible for costs including, without limitation, court costs and
   274  reasonable attorneys fees and expenses.  The application of the United Nations Convention on Contracts for the
   275  International Sale of Goods is expressly excluded.  You and Licensor expressly waive any rights to a jury trial in
   276  any litigation concerning Licensed Product or this License.  Any law or regulation that provides that the language of
   277  a contract shall be construed against the drafter shall not apply to this License.
   278  
   279  
   280  14.  Definition of You in This License. You throughout this License, whether in upper or lower case, means an
   281  individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a
   282  future version of this License issued under Section 7.  For legal entities, you includes any entity that controls, is
   283  controlled by, or is under common control with you.  For purposes of this definition, control means (i) the power,
   284  direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii)
   285  ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
   286  
   287  
   288  15.  Glossary.  All defined terms in this License that are used in more than one Section of this License are repeated
   289  here, in alphabetical order, for the convenience of the reader.  The Section of this License in which each defined
   290  term is first used is shown in parentheses.
   291  
   292  Contributor:  Each person or entity who created or contributed to the creation of, and distributed, a Modification.
   293  (See Section 2)
   294  
   295  Derivative Works: That term as used in this License is defined under U.S. copyright law.  (See Section 1(b))
   296  
   297  License:  This BitTorrent Open Source License.  (See first paragraph of License)
   298  
   299  Licensed Product:  Any BitTorrent Product licensed pursuant to this License.  The term "Licensed Product" includes
   300  all previous Modifications from any Contributor that you receive.  (See first paragraph of License and Section 2)
   301  
   302  Licensor:  BitTorrent, Inc.  (See first paragraph of License)
   303  
   304  Modifications:  Any additions to or deletions from the substance or structure of (i) a file containing Licensed
   305  Product, or (ii) any new file that contains any part of Licensed Product.  (See Section 2)
   306  
   307  Notice:  The notice contained in Exhibit A.  (See Section 4(e))
   308  
   309  Source Code: The preferred form for making modifications to the Licensed Product, including all modules contained
   310  therein, plus any associated interface definition files, scripts used to control compilation and installation of an
   311  executable program, or a list of differential comparisons against the Source Code of the Licensed Product.  (See
   312  Section 1(a))
   313  
   314  You:  This term is defined in Section 14 of this License.
   315  
   316  
   317  EXHIBIT A
   318  
   319  The Notice below must appear in each file of the Source Code of any copy you distribute of the Licensed Product or
   320  any hereto.  Contributors to any Modifications may add their own copyright notices to identify their own
   321  contributions.
   322  
   323  License:
   324  
   325  The contents of this file are subject to the BitTorrent Open Source License Version 1.0 (the License).  You may not
   326  copy or use this file, in either source code or executable form, except in compliance with the License.  You may
   327  obtain a copy of the License at http://www.bittorrent.com/license/.
   328  
   329  Software distributed under the License is distributed on an AS IS basis, WITHOUT WARRANTY OF ANY KIND, either express
   330  or implied.  See the License for the specific language governing rights and limitations under the License.