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.