BT ZEUS OPEN SOURCE LICENCE (L77741)
Version 1.0
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1. Definitions.
- 1.1. "BT" means British Telecommunications
public limited company, whose registered office is at 81 Newgate
Street, London, EC1A 7AJ, England.
- 1.2. "Contributor" means each entity that
creates or contributes to the creation of Modifications.
- 1.3. "Contributor Version" means the combination
of the Original Code, prior Modifications used by a Contributor,
and the Modifications made by that particular Contributor.
- 1.4. "Covered Code" means the Original Code
or Modifications or the combination of the Original Code and Modifications,
or, in each case, portions thereof.
- 1.5. "Electronic Distribution Mechanism"
means a mechanism generally accepted in the software development
community for the electronic transfer of data.
- 1.6. "Executable" means Covered Code in any
form other than Source Code.
- 1.7. "Initial Developer" means the individual
or entity identified as the Initial Developer in the Source Code
notice required by Exhibit A.
- 1.8. "Larger Work" means a work which combines
Covered Code or portions thereof with code not governed by the
terms of this Licence.
- 1.9. "Licence" means this document.
- 1.10. "Modifications" means any addition
to or alteration of the substance or structure of either the Original
Code or any previous Modifications.
- 1.11. "Original Code" means Source Code of
computer software code which is described in the Source Code notice
required by Exhibit A as Original Code, and which, at the
time of its release under this Licence is not already Covered
Code governed by this Licence.
- 1.12. "Source Code" means the preferred form
of the Covered Code for making modifications to it, including
all modules it contains, plus any associated interface definition
files, scripts used to control compilation and installation of
an Executable, or a list of source code differential comparisons
against either the Original Code or another well known, available
Covered Code of the Contributor's choice. The Source Code can
be in a compressed or archival form, provided the appropriate
decompression or de-archiving software is widely available for
no charge.
- 1.13. "You" means an individual or a legal
entity exercising rights under, and complying with all of the
terms of, this Licence or a future version of this Licence issued
under Section 6.1.
2. Source Code Licence.
- 2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive Licence, subject to third party intellectual property
claims:
- (a) to use, reproduce, modify, display, perform, sublicense
and distribute the Original Code (or portions thereof) with or
without Modifications, or as part of a Larger Work; and
- (b) under patents now or hereafter owned or controlled
by Initial Developer, to make, have made, use and sell ("Utilise")
the Original Code (or portions thereof), but solely to the extent
that any such patent is reasonably necessary to enable You to
Utilise the Original Code (or portions thereof) and not to any
greater extent that may be necessary to Utilise further Modifications
or combinations.
- 2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive Licence, subject to third party intellectual property
claims:
- (a) to use, reproduce, modify, display, perform, sublicense
and distribute the Modifications created by such Contributor (or
portions thereof) either on an unmodified basis, with other Modifications,
as Covered Code or as part of a Larger Work; and
- (b) under patents now or hereafter owned or controlled
by Contributor, to Utilise the Contributor Version (or portions
thereof), but solely to the extent that any such patent is reasonably
necessary to enable You to Utilise the Contributor Version (or
portions thereof), and not to any greater extent that may be necessary
to Utilise further Modifications or combinations.
3. Distribution Obligations.
- 3.1. Application of Licence.
The Modifications which You create or to which You contribute
are governed by the terms of this Licence, including without limitation
Section 2.2. The Source Code version of Covered Code may
be distributed only under the terms of this Licence or a future
version of this Licence released under Section 6.1, and
You must include a copy of this Licence with every copy of the
Source Code You distribute. You may not offer or impose any terms
on any Source Code version that alters or restricts the applicable
version of this Licence or the recipients' rights hereunder. However,
You may include an additional document offering the additional
rights described in Section 3.5.
- 3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must
be made available in Source Code form under the terms of this
Licence either on the same media as an Executable version or via
an accepted Electronic Distribution Mechanism to anyone to whom
you made an Executable version available; and if made available
via Electronic Distribution Mechanism, must remain available for
at least twelve (12) months after the date it initially became
available, or at least six (6) months after a subsequent version
of that particular Modification has been made available to such
recipients. You are responsible for ensuring that the Source Code
version remains available even if the Electronic Distribution
Mechanism is maintained by a third party.
- 3.3. Description of Modifications.
You must cause all Covered Code to which you contribute to contain
a file documenting the changes You made to create that Covered
Code and the date of any change. You must include a prominent
statement that the Modification is derived, directly or indirectly,
from Original Code provided by the Initial Developer and including
the name of the Initial Developer in (a) the Source Code, and
(b) in any notice in an Executable version or related documentation
in which You describe the origin or ownership of the Covered Code.
- 3.4. Intellectual Property Matters
- (a) Third Party Claims.
If You have knowledge that a party claims an intellectual property
right in particular functionality or code (or its utilisation
under this Licence), you must include a text file with the source
code distribution titled "LEGAL" which describes the
claim and the party making the claim in sufficient detail that
a recipient will know whom to contact. If you obtain such knowledge
after You make Your Modification available as described in Section
3.2, You shall promptly modify the LEGAL file in all copies
You make available thereafter and shall take other steps (such
as notifying appropriate mailing lists or newsgroups) reasonably
calculated to inform those who received the Covered Code that
new knowledge has been obtained.
- (b) Contributor APIs.
If Your Modification is an application programming interface and
You own or control patents which are reasonably necessary to implement
that API, you must also include this information in the LEGAL
file.
- 3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file
of the Source Code, and this Licence in any documentation for
the Source Code, where You describe recipients' rights relating
to Covered Code. If You created one or more Modification(s), You
may add your name as a Contributor to the notice described in
Exhibit A. If it is not possible to put such notice in
a particular Source Code file due to its structure, then you must
include such notice in a location (such as a relevant directory
file) where a user would be likely to look for such a notice.
You may choose to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of
Covered Code. However, You may do so only on Your own behalf,
and not on behalf of the Initial Developer or any Contributor.
You must make it absolutely clear than any such warranty, support,
indemnity or liability obligation is offered by You alone, and
You hereby agree to indemnify the Initial Developer and every
Contributor for any liability incurred by the Initial Developer
or such Contributor as a result of warranty, support, indemnity
or liability terms You offer.
- 3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the
requirements of Section 3.1-3.5 have been met for that
Covered Code, and if You include a notice stating that the Source
Code version of the Covered Code is available under the terms
of this Licence, including a description of how and where You
have fulfilled the obligations of Section 3.2. The notice
must be conspicuously included in any notice in an Executable
version, related documentation or collateral in which You describe
recipients' rights relating to the Covered Code. You may distribute
the Executable version of Covered Code under a Licence of Your
choice, which may contain terms different from this Licence, provided
that You are in compliance with the terms of this Licence and
that the Licence for the Executable version does not attempt to
limit or alter the recipient's rights in the Source Code version
from the rights set forth in this Licence. If You distribute the
Executable version under a different Licence You must make it
absolutely clear that any terms which differ from this Licence
are offered by You alone, not by the Initial Developer or any
Contributor. You hereby agree to indemnify the Initial Developer
and every Contributor for any liability incurred by the Initial
Developer or such Contributor as a result of any such terms You
offer.
- 3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other
code not governed by the terms of this Licence and distribute
the Larger Work as a single product. In such a case, You must
make sure the requirements of this Licence are fulfilled for the
Covered Code.
4. Inability to Comply Due to Statute or Regulation.
- If it is impossible for You to comply with any of the terms
of this Licence with respect to some or all of the Covered Code
due to statute or regulation then You must: (a) comply with the
terms of this Licence to the maximum extent possible; and (b)
describe the limitations and the code they affect. Such description
must be included in the LEGAL file described in Section 3.4
and must be included with all distributions of the Source Code.
Except to the extent prohibited by statute or regulation, such
description must be sufficiently detailed for a recipient of ordinary
skill to be able to understand it.
5. Application of this Licence.
- This Licence applies to code to which the Initial Developer
has attached the notice in Exhibit A, and to related Covered
Code.
6. Versions of the Licence.
- 6.1. New Versions.
BT may publish revised and/or new versions of the Licence from
time to time. Each version will be given a distinguishing version
number.
- 6.2. Effect of New Versions.
Once Covered Code has been published under a particular version
of the Licence, You may always continue to use it under the terms
of that version. You may also choose to use such Covered Code
under the terms of any subsequent version of the Licence published
by BT. No one other than BT has the right to modify the terms
applicable to Covered Code created under this Licence.
- 6.3. Derivative Works.
If you create or use a modified version of this Licence (which
you may only do in order to apply it to code which is not already
Covered Code governed by this Licence), the phrases "BT",
"British Telecommunications" or "ZEUS" or
any confusingly similar phrase must not appear anywhere in your
Licence in such as way as to suggest a connection between the
subject matter of Your Licence and these expressions or the entities
they represent. (Filling in the name of the Initial Developer,
Original Code or Contributor in the notice described in Exhibit
A shall not of themselves be deemed to be modifications of
this Licence.)
7. DISCLAIMER OF WARRANTY.
- THE INITIAL DEVELOPER AND EACH CONTRIBUTOR WARRANTS THAT IT
HAS THE RIGHT TO GRANT THE LICENCES CONTAINED HEREIN UNDER THE
COPYRIGHT IN ITS ORIGINAL CODE OR ITS MODIFICATIONS. IN ALL OTHER
RESPECTS COVERED CODE IS PROVIDED UNDER THIS LICENCE ON AN "AS
IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE
OR NON-INFRINGING OF OTHER INTELLECTUAL PROPERTY RIGHTS. THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS
WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME
THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENCE.
NO USE OF ANY COVERED CODE IS AUTHORISED HEREUNDER EXCEPT UNDER
THIS DISCLAIMER.
8. TERMINATION.
- 8.1 This Licence and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail
to cure such breach within 30 days of becoming aware of the breach.
All sublicenses to the Covered Code which are properly granted
shall survive any termination of this Licence. Provisions which,
by their nature, must remain in effect beyond the termination
of this Licence shall survive.
- 8.2. If You initiate patent infringement litigation against
the Initial Developer or a Contributor (either hereinafter referred
to as "Participant") alleging that such Participant's
Original Code or Contributor Version directly or indirectly infringes
any patent, then any and all rights granted by such Participant
to You under Sections 2.1 and/or 2.2 of this License shall, upon
60 days notice from Participant terminate, unless within the 60
days You either:
- (i) agree in writing to pay Participant a mutually agreeable
reasonable royalty for Your past and future use of the Original
Code or the Modifications made by such Participant, or
- (ii) withdraw Your litigation claim with respect to the Original
Code or the Contributor Version against such Participant. If within
60 days of notice, a reasonable royalty and payment arrangement
are not mutually agreed upon in writing by the parties or the
litigation claim is not withdrawn, the rights granted by Participant
to You under Sections 2.1 and/or 2.2 automatically terminate at
the expiration of the 60 day notice period specified above.
- 8.3. If You assert a patent infringement claim against Participant
alleging that such Participant's Original Code or Contributor
Version directly or indirectly infringes any patent where such
claim is resolved (such as by license or settlement) prior to
the initiation of patent infringement litigation, then the reasonable
value of the licenses granted by such Participant under Sections
2.1 or 2.2 shall be taken into account in determining the amount
or value of any payment or license.
- 8.4. In the event of termination under Sections 8.1 or 8.2
above, all end user license agreements (excluding distributors
and resellers) which have been validly granted by You or any distributor
hereunder prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER
TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE
INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE
OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES,
EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY
OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY
TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION.
10. MISCELLANEOUS.
- This Licence represents the complete agreement concerning
subject matter hereof. If any provision of this Licence is held
to be unenforceable, such provision shall be reformed only to
the extent necessary to make it enforceable, having as close a
meaning to the original as is possible in the circumstances. This
Licence shall be governed by English law except to the extent
applicable law, if any, provides otherwise. In the event of any
dispute relating to this Licence, the parties will seek to resolve
the dispute amicably. If the matter (excepting any dispute relating
to intellectual property rights) is not resolved amicably within
30 days, at the request of either party, the parties will refer
the dispute to the Centre for Dispute Resolution, Princes House,
95 Gresham Street, London EC2V 7NA, England
(http://www.cedr.co.uk);
whose guidelines will be followed. Any litigation relating to
this Agreement shall be subject to the jurisdiction of the English
courts.
11. RESPONSIBILITY FOR CLAIMS.
- Except in cases where another Contributor has failed to comply
with Section 3.4, You are responsible for damages arising,
directly or indirectly, out of Your utilisation of rights under
this Licence, based on the number of copies of Covered Code you
made available, the revenues you received from utilising such
rights, and other relevant factors. You agree to work with affected
parties to distribute responsibility on an equitable basis.
EXHIBIT A.
- "The contents of this file are subject to the BT "ZEUS"
Open Source Licence, Version 1.0 (the "Licence"); you
may not use this file except in compliance with the Licence.
You may obtain a copy of the Licence
from here.
- Except as stated in Clause 7 of the Licence, software distributed
under the Licence is distributed WITHOUT WARRANTY OF ANY KIND,
either express or implied. See the Licence for the specific language
governing rights and limitations under the Licence.
- The Original Code is within the package zeus.*.
- The Initial Developer of the Original Code is British Telecommunications
public limited company, whose registered office is at 81 Newgate
Street, London, EC1A 7AJ, England. Portions created by British
Telecommunications public limited company are Copyright 1996-9.
All Rights Reserved.
- Contributor(s): To be listed here
- Acknowledgements:
- Zeus uses the Gnu regular expression parser, written by Wes Biggs and
the Gnu Regexp team
- THIS NOTICE MUST BE INCLUDED ON ANY COPY OF THIS FILE (See Licence for details)"
This licence has been derived from the
Mozilla Public Licence.