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DOCLICENSE
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DOCLICENSE
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1.0 DEFINITIONS.
1.1. "Commercial Use" means distribution or otherwise making the
Documentation available to a third party.
1.2. "Contributor" means a person or entity who creates or contributes
to the creation of Modifications.
1.3 "Documentation" means the Original Documentation or Modifications or
the combination of the Original Documentation and Modifications, in each
case including portions thereof.
1.4. "Editable Form" means the preferred form of Documentation for
making Modifications to such documentation. The Documentation can be in
an electronic, compressed or archival form, provided the appropriate
decompression or de-archiving software is widely available for no
charge.
1.5. "Electronic Distribution Mechanism" means a mechanism generally
accepted for the electronic transfer of data.
1.6. "Initial Writer" means the individual or entity identified as the
Initial Writer in the notice required by the Appendix.
1.7. "Larger Work" means a work which combines Documentation or portions
thereof with documentation or other writings not governed by the terms
of this License.
1.8. "License" means this document.
1.9. "Modifications" means any addition to or deletion from the
substance or structure of either the Original Documentation or any
previous Modifications, such as a translation, abridgment, condensation,
or any other form in which the Original Documentation or previous
Modifications may be recast, transformed or adapted. A work consisting
of editorial revisions, annotations, elaborations, and other
modifications which, as a whole represent an original work of
authorship, is a Modification. For example, when Documentation is
released as a series of documents, a Modification is:
A. Any addition to or deletion from the contents of the Original
Documentation or previous Modifications.
B. Any new documentation that contains any part of the Original
Documentation or previous Modifications.
1.10. "Original Documentation" means documentation described as Original
Documentation in the notice required by the Appendix, and which, at the
time of its release under this License is not already Documentation
governed by this License.
1.11. "You" (or "Your") means an individual or a legal entity exercising
rights under, and complying with all of the terms of, this License or a
future version of this License issued under Section 5.0 ("Versions of
the License"). For legal entities, "You" includes any entity which
controls, is controlled by, or is under common control with You. For
purposes of this definition, "control" means (a) the power, direct or
indirect, to cause the direction or management of such entity, whether
by contract or otherwise, or (b) ownership of more than fifty percent
(50%) of the outstanding shares or beneficial ownership of such entity.
2.0 LICENSE GRANTS.
2.1 Initial Writer Grant.
The Initial Writer hereby grants You a world-wide, royalty-free,
non-exclusive license to use, reproduce, prepare Modifications of,
compile, publicly perform, publicly display, demonstrate, market,
disclose and distribute the Documentation in any form, on any media or
via any Electronic Distribution Mechanism or other method now known or
later discovered, and to sublicense the foregoing rights to third
parties through multiple tiers of sublicensees in accordance with the
terms of this License.
The license rights granted in this Section 2.1 ("Initial Writer Grant")
are effective on the date Initial Writer first distributes Original
Documentation under the terms of this License.
2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license to use, reproduce, prepare Modifications of,
compile, publicly perform, publicly display, demonstrate, market,
disclose and distribute the Documentation in any form, on any media or
via any Electronic Distribution Mechanism or other method now known or
later discovered, and to sublicense the foregoing rights to third
parties through multiple tiers of sublicensees in accordance with the
terms of this License.
The license rights granted in this Section 2.2 ("Contributor Grant") are
effective on the date Contributor first makes Commercial Use of the
Documentation.
3.0 DISTRIBUTION OBLIGATIONS.
3.1. Application of License.
The Modifications which You create or to which You contribute are
governed by the terms of this License, including without limitation
Section 2.2 ("Contributor Grant"). The Documentation may be distributed
only under the terms of this License or a future version of this License
released in accordance with Section 5.0 ("Versions of the License"), and
You must include a copy of this License with every copy of the
Documentation You distribute. You may not offer or impose any terms that
alter or restrict the applicable version of this License or the
recipients' rights hereunder. However, You may include an additional
document offering the additional rights described in Section 3.5
("Required Notices").
3.2. Availability of Documentation.
Any Modification which You create or to which You contribute must be
made available publicly in Editable Form under the terms of this License
via a fixed medium or an accepted Electronic Distribution Mechanism.
3.3. Description of Modifications.
All Documentation to which You contribute must identify the changes You
made to create that Documentation and the date of any change. You must
include a prominent statement that the Modification is derived, directly
or indirectly, from Original Documentation provided by the Initial
Writer and include the name of the Initial Writer in the Documentation
or via an electronic link that describes the origin or ownership of the
Documentation. The foregoing change documentation may be created by
using an electronic program that automatically tracks changes to the
Documentation. You must make all such changes and required information
publicly available for at least five years following release of the
changed Documentation.
3.4. Intellectual Property Matters.
Contributor represents that Contributor believes that Contributor's
Modifications are Contributor's original creation(s), Contributor has
sufficient rights to grant the rights conveyed by this License, or both
of these statements are true.
3.5. Required Notices.
You must duplicate the notice in the Appendix in each file of the
Documentation. If it is not possible to put such notice in a particular
Documentation file due to its structure, then You must include such
notice in a location (such as a relevant directory) where a reader would
be likely to look for such a notice, for example, via a hyperlink in
each file of the Documentation that takes the reader to a page that
describes the origin and ownership of the Documentation. If You created
one or more Modification(s) You may add your name as a Contributor to
the notice described in the Appendix.
You must also duplicate this License in any Documentation file (or with
a hyperlink in each file of the Documentation) where You describe
recipients' rights or ownership rights.
You may choose to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of
Documentation. However, You may do so only on Your own behalf, and not
on behalf of the Initial Writer 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 Writer and every Contributor for any liability incurred by
the Initial Writer or such Contributor as a result of warranty, support,
indemnity or liability terms You offer.
3.6. Larger Works.
You may create a Larger Work by combining Documentation with other
documents not governed by the terms of this License and distribute the
Larger Work as a single product. In such a case, You must make sure the
requirements of this License are fulfilled for the Documentation.
4.0 APPLICATION OF THIS LICENSE.
This License applies to Documentation to which the Initial Writer has
attached this License and the notice in the Appendix.
5.0 TRADEMARKS.
This license does not grant permission to use the trade names,
trademarks, service marks, logos, or product names of the Initial Writer
or any Contributor, except as required for reasonable and customary use
in describing the Origin of the Documentation and reproducing the
content of any of the notices described in the Appendix.
6.0 VERSIONS OF THE LICENSE.
6.1. New Versions.
Initial Writer may publish revised or new versions of the License from
time to time. Each version will be given a distinguishing version
number.
6.2. Effect of New Versions.
Once Documentation has been published under a particular version of the
License, You may always continue to use it under the terms of that
version. You may also choose to use such Documentation under the terms
of any subsequent version of the License published by
__________________[Insert name of the foundation, company, Initial
Writer, or whoever may modify this License]. No one other than
_________________ [Insert name of the foundation, company, Initial
Writer, or whoever may modify this License] has the right to modify the
terms of this License. Filling in the name of the Initial Writer,
Original Documentation or Contributor in the notice described in the
Appendix shall not be deemed to be Modifications of this License.
7.0 DISCLAIMER OF WARRANTY.
DOCUMENTATION IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES THAT THE DOCUMENTATION IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, AND PERFORMANCE OF THE
DOCUMENTATION IS WITH YOU. SHOULD ANY DOCUMENTATION PROVE DEFECTIVE IN
ANY RESPECT, YOU (NOT THE INITIAL WRITER OR ANY OTHER CONTRIBUTOR)
ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO
USE OF ANY DOCUMENTATION IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.
8.0 TERMINATION.
This License 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 Documentation which are properly granted shall
survive any termination of this License. Provisions which, by their
nature, must remain in effect beyond the termination of this License
shall survive.
9.0 LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL
WRITER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF DOCUMENTATION, OR
ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
DIRECT, 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
DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO THE USE OF THE
DOCUMENTATION, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES.
10.0 U.S. GOVERNMENT END USERS.
If Documentation is being acquired by or on behalf of the U.S.
Government or by a U.S. Government prime contractor or subcontractor (at
any tier), then the Government's rights in Documentation will be only as
set forth in this Agreement; this is in accordance with 48 CFR 227.7201
through 227.7202-4 (for Department of Defense (DOD) acquisitions) and
with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
11.0 MISCELLANEOUS.
This License represents the complete agreement concerning the subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. This License shall be governed by
California law, excluding its conflict-of-law provisions. With respect
to disputes or any litigation relating to this License, the losing party
is responsible for costs, including without limitation, court costs and
reasonable attorneys' fees and expenses. The application of the United
Nations Convention on Contracts for the International Sale of Goods is
expressly excluded. Any law or regulation which provides that the
language of a contract shall be construed against the drafter shall not
apply to this License.
Appendix
Public Documentation License Notice
The contents of this Documentation are subject to the Public
Documentation License Version 1.01 (the "License"); you may only use
this Documentation if you comply with the terms of this License. A copy
of the License is available at __________________[Insert hyperlink].
The Original Documentation is _________________. The Initial Writer of
the Original Documentation is ___________ Copyright (C)_________[Insert
year(s)]. All Rights Reserved. (Initial Writer
contact(s):________________[Insert hyperlink/alias]).
Contributor(s): ______________________________________. Portions
created by ______ are Copyright (C)_________[Insert year(s)]. All Rights
Reserved. (Contributor contact(s):________________[Insert
hyperlink/alias]).
NOTE: The text of this Appendix may differ slightly from the text of the
notices in the files of the Original Documentation. You should use the
text of this Appendix rather than the text found in the Original
Documentation for Your Modifications.