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OCLC Research Public License 2.0
Terms & Conditions Of Use
May, 2002
Copyright © 2002. OCLC Online Computer Library Center, Inc. All Rights Reserved
PLEASE READ THIS DOCUMENT CAREFULLY. BY DOWNLOADING OR USING THE CODE BASE AND/
OR DOCUMENTATION ACCOMPANYING THIS LICENSE (THE "License"), YOU AGREE
TO THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE.
Section 1. Your Rights
Subject to these terms and conditions of this License, the OCLC Office of
Research (the "Original Contributor") and each subsequent contributor
(collectively with the Original Contributor, the "Contributors")
hereby grant you a non-exclusive, worldwide, no-charge, transferable license to
execute, prepare derivative works of, and distribute (internally and
externally), for commercial and noncommercial purposes, the original code
contributed by Original Contributor and all Modifications (collectively called
the "Program").
Section 2. Definitions
A "Modification" to the Program is any addition to or deletion from
the contents of any file of the Program and any new file that contains any part
of the Program. If you make a Modification and distribute the Program
externally you are a "Contributor." The distribution of the Program
must be under the terms of this license including those in Section 3 below.
A "Combined Work" results from combining and integrating all or parts
of the Program with other code. A Combined Work may be thought of as having
multiple parents or being result of multiple lines of code development.
Section 3. Distribution Licensing Terms
A. General Requirements
Except as necessary to recognize third-party rights or third-party restriction
(see below), a distribution of the Program in any of the forms listed below
must not put any further restrictions on the recipient’s exercise of the
rights granted herein.
As a Contributor, you represent that your Modification(s) are your original
creation(s) and, to the best of your knowledge, no third party has any claim
(including but not limited to intellectual property claims) relating to your
Modification(s). You represent that each of your Modifications includes
complete details of any third-party right or other third-party restriction
associated with any part of your Modification (including a copy of any
applicable license agreement).
The Program must be distributed without charge beyond the costs of physically
transferring the files to the recipient.
This Warranty Disclaimer/Limitation of Liability must be prominently displayed
with every distribution of the Program in any form:
YOU AGREE THAT THE PROGRAM IS PROVIDED AS-IS, WITHOUT WARRANTY OF ANY KIND
(EITHER EXPRESS OR IMPLIED). ACCORDINGLY, OCLC MAKES NO WARRANTIES,
REPRESENTATIONS OR GUARANTEES, EITHER EXPRESS OR IMPLIED, AND DISCLAIMS ALL
SUCH WARRANTIES, REPRESENTATIONS OR GUARANTEES, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR
PURPOSE, AS TO: (A) THE FUNCTIONALITY OR NONINFRINGEMENT OF PROGRAM, ANY
MODIFICATION, A COMBINED WORK OR AN AGGREGATE WORK; OR (B) THE RESULTS OF ANY
PROJECT UNDERTAKEN USING THE PROGRAM, ANY MODIFICATION, A COMBINED WORK OR AN
AGGREGATE WORK. IN NO EVENT SHALL THE CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE
PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY WAIVE
ANY CLAIMS FOR DAMAGES OF ANY KIND AGAINST CONTRIBUTORS WHICH MAY RESULT FROM
YOUR USE OF THE PROGRAM.
B. Requirements for a Distribution of Modifiable Code
If you distribute the Program in a form to which the recipient can make
Modifications (e.g. source code), the terms of this license apply to use by
recipient. In addition, each source and data file of the Program and any
Modification you distribute must contain the following notice:
"Copyright (c) 2000- (insert then current year) OCLC Online Computer
Library Center, Inc. and other contributors. All rights reserved. The contents
of this file, as updated from time to time by the OCLC Office of Research, are
subject to OCLC Research Public License Version 2.0 (the "License");
you may not use this file except in compliance with the License. You may obtain
a current copy of the License at http://purl.oclc.org/oclc/research/ORPL/.
Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License
for the specific language governing rights and limitations under the License.
This software consists of voluntary contributions made by many individuals on
behalf of OCLC Research. For more information on OCLC Research, please see
http://www.oclc.org/research/. The Original Code is
______________________________. The Initial Developer of the Original Code is
________________________. Portions created by ______________________ are
Copyright (C) _____ _______________________. All Rights Reserved. Contributor
(s): ______________________________________."
C. Requirements for a Distribution of Non-modifiable Code
If you distribute the Program in a form to which the recipient cannot make
Modifications (e.g. object code), the terms of this license apply to use by
recipient and you must include the following statement in appropriate and
conspicuous locations:
"Copyright (c) 2000- (insert then current year) OCLC Online Computer
Library Center, Inc. and other contributors. All rights reserved."
In addition, the source code must be included with the object code distribution
or the distributor must provide the source code to the recipient upon request.
D. Requirements for a Combined Work Distribution
Distributions of Combined Works are subject to the terms of this license and
must be made at no charge to the recipient beyond the costs of physically
transferring the files to recipient.
A Combined Work may be distributed as either modifiable or non-modifiable code.
The requirements of Section 3.B or 3.C above (as appropriate) apply to such
distributions.
An "Aggregate Work" is when the Program exists, without integration,
with other programs on a storage medium. This License does not apply to
portions of an Aggregate Work which are not covered by the definition of
"Program" provided in this License. You are not forbidden from
selling an Aggregate Work. However, the Program contained in an Aggregate Work
is subject to this License. Also, should the Program be extracted from an
Aggregate Work, this License applies to any use of the Program apart from the
Aggregate Work.
Section 4. License Grant
For purposes of permitting use of your Modifications by OCLC and other
licensees hereunder, you hereby grant to OCLC and such other licensees the non-
exclusive, worldwide, royalty-free, transferable, sublicenseable license to
execute, copy, alter, delete, modify, adapt, change, revise, enhance, develop,
publicly display, distribute (internally and externally) and/or create
derivative works based on your Modifications (and derivative works thereof) in
accordance with these Terms. This Section 4 shall survive termination of this
License for any reason.
Section 5. Termination of Rights
This non-exclusive license (with respect to the grant from a particular
Contributor) automatically terminates for any entity that initiates legal
action for intellectual property infringement (with respect to the Program)
against such Contributor as of the initiation of such action.
If you fail to comply with this License, your rights (but not your obligations)
under this License shall terminate automatically unless you cure such breach
within thirty (30) days of becoming aware of the noncompliance. All sublicenses
granted by you which preexist such termination and are properly granted shall
survive such termination.
Section 6. Other Terms
Except for the copyright notices required above, you may not use any trademark
of any of the Contributors without the prior written consent of the relevant
Contributor. You agree not to remove, alter or obscure any copyright or other
proprietary rights notice contained in the Program.
All transfers of the Program or any part thereof shall be made in compliance
with U.S. import/export regulations or other restrictions of the U.S.
Department of Commerce, as well as other similar trade or commerce restrictions
which might apply.
Any patent obtained by any party covering the Program or any part thereof must
include a provision providing for the free, perpetual and unrestricted
commercial and noncommercial use by any third party.
If, as a consequence of a court judgment or settlement relating to intellectual
property infringement or any other cause of action, conditions are imposed on
you that contradict the conditions of this License, such conditions do not
excuse you from compliance with this License. If you cannot distribute the
Program so as to simultaneously satisfy your obligations under this License and
such other conditions, you may not distribute the Program at all. For example,
if a patent license would not permit royalty-free redistribution of the Program
by all those who receive copies directly or indirectly through you, you could
not satisfy both the patent license and this License, and you would be required
to refrain entirely from distribution of the Program.
If you learn of a third party claim or other restriction relating to a Program
you have already distributed you shall promptly redo your Program to address
the issue and take all reasonable steps to inform those who may have received
the Program at issue. An example of an appropriate reasonable step to inform
would be posting an announcement on an appropriate web bulletin board.
The provisions of this License are deemed to be severable, and the invalidity
or unenforceability of any provision shall not affect or impair the remaining
provisions which shall continue in full force and effect. In substitution for
any provision held unlawful, there shall be substituted a provision of similar
import reflecting the original intent of the parties hereto to the extent
permissible under law.
The Original Contributor from time to time may change this License, and the
amended license will apply to all copies of the Program downloaded after the
new license is posted. This License grants only the rights expressly stated
herein and provides you with no implied rights or licenses to the intellectual
property of any Contributor.
This License is the complete and exclusive statement of the agreement between
the parties concerning the subject matter hereof and may not be amended except
by the written agreement of the parties. This License shall be governed by and
construed in accordance with the laws of the State of Ohio and the United
States of America, without regard to principles of conflicts of law.
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