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======================================================= |
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Transitive Grace Period Public Licence ("TGPPL") v. 1.0 |
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======================================================= |
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This Transitive Grace Period Public Licence (the "License") applies to any |
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original work of authorship (the "Original Work") whose owner (the |
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"Licensor") has placed the following licensing notice adjacent to the |
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copyright notice for the Original Work: |
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*Licensed under the Transitive Grace Period Public Licence version 1.0* |
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1. **Grant of Copyright License.** Licensor grants You a worldwide, |
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royalty-free, non-exclusive, sublicensable license, for the duration of |
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the copyright, to do the following: |
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a. to reproduce the Original Work in copies, either alone or as part of a |
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collective work; |
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b. to translate, adapt, alter, transform, modify, or arrange the Original |
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Work, thereby creating derivative works ("Derivative Works") based upon |
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the Original Work; |
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c. to distribute or communicate copies of the Original Work and Derivative |
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Works to the public, with the proviso that copies of Original Work or |
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Derivative Works that You distribute or communicate shall be licensed |
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under this Transitive Grace Period Public Licence no later than 12 |
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months after You distributed or communicated said copies; |
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d. to perform the Original Work publicly; and |
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e. to display the Original Work publicly. |
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2. **Grant of Patent License.** Licensor grants You a worldwide, |
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royalty-free, non-exclusive, sublicensable license, under patent claims |
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owned or controlled by the Licensor that are embodied in the Original |
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Work as furnished by the Licensor, for the duration of the patents, to |
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make, use, sell, offer for sale, have made, and import the Original Work |
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and Derivative Works. |
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3. **Grant of Source Code License.** The term "Source Code" means the |
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preferred form of the Original Work for making modifications to it and |
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all available documentation describing how to modify the Original |
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Work. Licensor agrees to provide a machine-readable copy of the Source |
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Code of the Original Work along with each copy of the Original Work that |
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Licensor distributes. Licensor reserves the right to satisfy this |
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obligation by placing a machine-readable copy of the Source Code in an |
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information repository reasonably calculated to permit inexpensive and |
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convenient access by You for as long as Licensor continues to distribute |
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the Original Work. |
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4. **Exclusions From License Grant.** Neither the names of Licensor, nor the |
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names of any contributors to the Original Work, nor any of their |
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trademarks or service marks, may be used to endorse or promote products |
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derived from this Original Work without express prior permission of the |
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Licensor. Except as expressly stated herein, nothing in this License |
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grants any license to Licensor's trademarks, copyrights, patents, trade |
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secrets or any other intellectual property. No patent license is granted |
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to make, use, sell, offer for sale, have made, or import embodiments of |
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any patent claims other than the licensed claims defined in Section 2. No |
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license is granted to the trademarks of Licensor even if such marks are |
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included in the Original Work. Nothing in this License shall be |
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interpreted to prohibit Licensor from licensing under terms different |
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from this License any Original Work that Licensor otherwise would have a |
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right to license. |
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5. **External Deployment.** The term "External Deployment" means the use, |
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distribution, or communication of the Original Work or Derivative Works |
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in any way such that the Original Work or Derivative Works may be used by |
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anyone other than You, whether those works are distributed or |
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communicated to those persons or made available as an application |
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intended for use over a network. As an express condition for the grants |
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of license hereunder, You must treat any External Deployment by You of |
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the Original Work or a Derivative Work as a distribution under section |
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1(c). |
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6. **Attribution Rights.** You must retain, in the Source Code of any |
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Derivative Works that You create, all copyright, patent, or trademark |
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notices from the Source Code of the Original Work, as well as any notices |
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of licensing and any descriptive text identified therein as an |
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"Attribution Notice." You must cause the Source Code for any Derivative |
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Works that You create to carry a prominent Attribution Notice reasonably |
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calculated to inform recipients that You have modified the Original Work. |
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7. **Warranty of Provenance and Disclaimer of Warranty.** Licensor warrants |
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that the copyright in and to the Original Work and the patent rights |
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granted herein by Licensor are owned by the Licensor or are sublicensed |
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to You under the terms of this License with the permission of the |
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contributor(s) of those copyrights and patent rights. Except as expressly |
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stated in the immediately preceding sentence, the Original Work is |
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provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, |
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either express or implied, including, without limitation, the warranties |
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of non-infringement, merchantability or fitness for a particular |
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purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH |
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YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this |
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License. No license to the Original Work is granted by this License |
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except under this disclaimer. |
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8. **Limitation of Liability.** Under no circumstances and under no legal |
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theory, whether in tort (including negligence), contract, or otherwise, |
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shall the Licensor be liable to anyone for any indirect, special, |
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incidental, or consequential damages of any character arising as a result |
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of this License or the use of the Original Work including, without |
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limitation, damages for loss of goodwill, work stoppage, computer failure |
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or malfunction, or any and all other commercial damages or losses. This |
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limitation of liability shall not apply to the extent applicable law |
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prohibits such limitation. |
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9. **Acceptance and Termination.** If, at any time, You expressly assented |
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to this License, that assent indicates your clear and irrevocable |
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acceptance of this License and all of its terms and conditions. If You |
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distribute or communicate copies of the Original Work or a Derivative |
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Work, You must make a reasonable effort under the circumstances to obtain |
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the express assent of recipients to the terms of this License. This |
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License conditions your rights to undertake the activities listed in |
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Section 1, including your right to create Derivative Works based upon the |
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Original Work, and doing so without honoring these terms and conditions |
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is prohibited by copyright law and international treaty. Nothing in this |
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License is intended to affect copyright exceptions and limitations |
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(including 'fair use' or 'fair dealing'). This License shall terminate |
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immediately and You may no longer exercise any of the rights granted to |
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You by this License upon your failure to honor the conditions in Section |
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1(c). |
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10. **Termination for Patent Action.** This License shall terminate |
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automatically and You may no longer exercise any of the rights granted to |
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You by this License as of the date You commence an action, including a |
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cross-claim or counterclaim, against Licensor or any licensee alleging |
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that the Original Work infringes a patent. This termination provision |
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shall not apply for an action alleging patent infringement by |
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combinations of the Original Work with other software or hardware. |
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11. **Jurisdiction, Venue and Governing Law.** Any action or suit relating to |
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this License may be brought only in the courts of a jurisdiction wherein |
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the Licensor resides or in which Licensor conducts its primary business, |
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and under the laws of that jurisdiction excluding its conflict-of-law |
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provisions. The application of the United Nations Convention on Contracts |
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for the International Sale of Goods is expressly excluded. Any use of the |
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Original Work outside the scope of this License or after its termination |
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shall be subject to the requirements and penalties of copyright or patent |
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law in the appropriate jurisdiction. This section shall survive the |
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termination of this License. |
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12. **Attorneys' Fees.** In any action to enforce the terms of this License |
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or seeking damages relating thereto, the prevailing party shall be |
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entitled to recover its costs and expenses, including, without |
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limitation, reasonable attorneys' fees and costs incurred in connection |
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with such action, including any appeal of such action. This section shall |
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survive the termination of this License. |
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13. **Miscellaneous.** If any provision of this License is held to be |
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unenforceable, such provision shall be reformed only to the extent |
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necessary to make it enforceable. |
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14. **Definition of "You" in This License.** "You" throughout this License, |
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whether in upper or lower case, means an individual or a legal entity |
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exercising rights under, and complying with all of the terms of, this |
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License. For legal entities, "You" includes any entity that controls, is |
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controlled by, or is under common control with you. For purposes of this |
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definition, "control" means (i) the power, direct or indirect, to cause |
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the direction or management of such entity, whether by contract or |
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otherwise, or (ii) ownership of fifty percent (50%) or more of the |
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outstanding shares, or (iii) beneficial ownership of such entity. |
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15. **Right to Use.** You may use the Original Work in all ways not otherwise |
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restricted or conditioned by this License or by law, and Licensor |
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promises not to interfere with or be responsible for such uses by You. |
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16. **Modification of This License.** This License is Copyright © 2007 Zooko |
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Wilcox-O'Hearn. Permission is granted to copy, distribute, or communicate |
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this License without modification. Nothing in this License permits You to |
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modify this License as applied to the Original Work or to Derivative |
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Works. However, You may modify the text of this License and copy, |
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distribute or communicate your modified version (the "Modified License") |
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and apply it to other original works of authorship subject to the |
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following conditions: (i) You may not indicate in any way that your |
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Modified License is the "Transitive Grace Period Public Licence" or |
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"TGPPL" and you may not use those names in the name of your Modified |
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License; and (ii) You must replace the notice specified in the first |
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paragraph above with the notice "Licensed under <insert your license name |
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here>" or with a notice of your own that is not confusingly similar to |
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the notice in this License. |