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1 Terracotta Public License, version 2.0
3 1. Definitions
5 1.1. "Contributor" means each individual or legal entity that creates,
6 contributes to the creation of, and owns Covered Software.
8 1.2. "Contributor Version" means the combination of the Contributions of others
9 (if any) used by a Contributor and that particular Contributor's Contribution.
11 1.3. "Contribution" means Covered Software of a particular Contributor.
13 1.4. "Covered Software" means Source Code Form to which the initial Contributor
14 has attached the notice in Exhibit A, the Executable Form of such Source Code
15 Form, and Modifications of such Source Code Form, in each case including
16 portions thereof.
18 1.5. "Initial Developer" means the individual or entity identified as the
19 Initial Developer in the Source Code notice required by Exhibit A.
21 1.6. "Incompatible With Secondary Licenses" means (a) that the initial
22 Contributor has attached the notice described in Exhibit B to the Covered
23 Software; or (b) that the Covered Software was made available under the terms
24 of version 1.0, but not also under the terms of a Secondary License.
26 1.7. "Executable Form" means any form of the work other than Source Code Form.
28 1.8. "Larger Work" means a work that combines Covered Software with other
29 material, in a separate file or files that is not Covered Software.
31 1.9. "License" means this document.
33 1.10. "Licensable" means having the right to grant, to the maximum extent
34 possible, whether at the time of the initial grant or subsequently, any and all
35 of the rights conveyed by this License.
37 1.11. "Modifications" means any of the following: (a) any file in Source Code
38 Form that results from an addition to, deletion from, or modification of the
39 contents of Covered Software; or (b) any new file in Source Code Form that
40 contains any Covered Software.
42 1.12. "Patent Claims" of a Contributor means any patent claim(s), including
43 without limitation, method, process, and apparatus claims, in any patent
44 Licensable by such Contributor that would be infringed, but for the grant of
45 the License, by the making, using, selling, offering for sale, having made,
46 import, or transfer of either its Contributions or its Contributor Version.
48 1.13. "Secondary License" means either the GNU General Public License, Version
49 2.0, the GNU Lesser General Public License, Version 2.1, the GNU Affero General
50 Public License, Version 3.0, or any later versions of those licenses.
52 1.14. "Source Code Form" means the form of the work preferred for making
53 modifications including all modules it contains, plus any associated interface
54 definition files, scripts used to control compilation and installation of an
55 Executable Form, or source code differential comparisons against either the
56 Covered Software or another well known, available Covered Software of the
57 Contributor's choice. The Source Code Form can be in a compressed or archival
58 form, provided the appropriate decompression or de-archiving software is widely
59 available for no charge.
61 1.15. "You" (or "Your") means an individual or a legal entity exercising rights
62 under this License. For legal entities, "You" includes any entity that
63 controls, is controlled by, or is under common control with You. For purposes
64 of this definition, "control" means (a) the power, direct or indirect, to cause
65 the direction or management of such entity, whether by contract or otherwise,
66 or (b) ownership of more than fifty percent (50%) of the outstanding shares or
67 beneficial ownership of such entity.
69 2. License Grants and Conditions
71 2.1. Grants
72 The Initial Developer and each Contributor hereby grants You a world-wide,
73 royalty-free, non-exclusive license, subject to third party intellectual
74 property claims:
76 (a) under intellectual property rights (other than patent or trademark)
77 licensable by such Contributor to use, reproduce, make available, modify,
78 display, perform, sublicense, distribute, and otherwise exploit its
79 Contributions, either on an unmodified basis, with Modifications, or as part of
80 a Larger Work; and
82 (b) under Patent Claims of such Contributor to make, use, sell, offer for
83 sale, have made, import, and otherwise transfer either its Contributions or its
84 Contributor Version.
86 2.2. Effective Date
87 The licenses granted in Section 2.1 with respect to any Contribution become
88 effective for each Contribution on the date the Contributor first distributes
89 such Contribution or otherwise makes available Contributions under the terms of
90 this License.
92 2.3. Limitations on Grant Scope
93 The licenses granted in this Section 2 are the only rights granted under this
94 License. No additional rights or licenses will be implied from the distribution
95 or licensing of Covered Software under this License. Notwithstanding Section
96 2.1(b) above, no patent license is granted by a Contributor:
98 (a) for any code that a Contributor has removed from Covered Software; or
100 (b) for infringements caused by: (i) You and any other third party's
101 modifications of Covered Software, or (ii) You and any other third party's
102 combination with other software (except as part of its Contributor Version) or
103 devices; or
105 (c) under Patent Claims infringed by Covered Software in the absence of its
108 This License does not grant any rights in the trademarks, service marks, or
109 logos of any Contributor (except as may be necessary to comply with the notice
110 and attribution requirements in Sections 3.5 and 3.8.
112 2.4. Subsequent Licenses
113 No Contributor makes additional grants as a result of Your choice to distribute
114 the Covered Software under a subsequent version of this License (see Section
115 10.2) or under the terms of a Secondary License (if permitted under the terms
116 of Section 3.3).
118 2.5. Representation
119 Each Contributor represents that the Contributor believes its Contributions are
120 its original creation(s) or it has sufficient rights to grant the rights to its
121 Contributions conveyed by this License.
123 2.6. Fair Use
124 This License is not intended to limit any rights You have under applicable
125 copyright doctrines of fair use, fair dealing, or other equivalents.
127 2.7. Conditions
128 Sections 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, and 3.7 are conditions of the licenses
129 granted in Section 2.1.
131 2.8. Multiple-licensed Software
132 Initial Developer may designate portions of the Covered Software as “Multiple-
133 Licensed”. “Multiple-Licensed” means that the Initial Developer permits You to
134 utilize portions of the Covered Software under Your choice of the TPL or
135 alternative licenses, if any, specified in Exhibit A by the Initial Developer.
137 3. Responsibilities
139 3.1. Distribution of Source Code Form
140 All distribution of Covered Software in Source Code Form, including any
141 Modifications that You create or to which You contribute, must be under the
142 terms of this License or a future version of this license released under
143 Section 10.1, and You must include a copy of this license with every copy of
144 the source code You distribute or otherwise make available. You must inform
145 recipients that the Source Code Form of the Covered Software is governed by the
146 terms of this License, and how they can obtain a copy of this License. You may
147 not offer or impose any terms on any Source Code Form that alters or restricts
148 the applicable version of this license or the recipients’ rights thereunder.
149 However, You may include an additional document offering the additional rights
150 described in Section 3.6.
152 3.2. Distribution of Executable Form
153 If You distribute Covered Software in Executable Form then: (a) such Covered
154 Software must also be made available in Source Code Form, as described in
155 Section 3.1, and You must inform recipients of the Executable Form how they can
156 obtain a copy of such Source Code Form by reasonable means in a timely manner,
157 at a charge no more than the cost of distribution to the recipient; and (b) You
158 may distribute such Executable Form under the terms of this License, or
159 sublicense it under different terms, provided that the license for the
160 Executable Form does not attempt to limit or alter the recipients' rights in
161 the Source Code Form under this License.
163 3.3. Distribution of a Larger Work
164 You may create and distribute a Larger Work under terms of Your choice,
165 provided that You also comply with the requirements of this License for the
166 Covered Software. If the Larger Work is a combination of Covered Software with
167 a work governed by one or more Secondary Licenses, and the Covered Software is
168 not incompatible With Secondary Licenses, this License permits You to
169 additionally distribute such Covered Software under the terms of such Secondary
170 License(s), so that the recipient of the Larger Work may, at their option,
171 further distribute the Covered Software under the terms of either this License
172 or such Secondary License(s).
174 3.4. Description of Modifications
175 You must cause all Modifications to the Covered Software to contain a file
176 documenting the changes You made to the Covered Software and the date of any
177 change. You must include a prominent statement that the Modification is
178 derived, directly or indirectly, from Covered Software provided by the Initial
179 Developer and include the name of the Initial Developer in (a) the Source Code
180 Form, and (b) in any notice in an Executable Form or related documentation in
181 which You describe the origin or ownership of the Covered Software.
183 3.5. Notices
184 You must duplicate the notice in Exhibit A in each file of the Source Code. If
185 it is not possible to put such notice in a particular Source Code file due to
186 its structure, then You must include such notice in a location (such as a
187 relevant directory) where a user would be likely to look for such a notice. If
188 You created one or more Modification(s) You may add Your name as a Contributor
189 to the notice described in Exhibit A. You must also duplicate this License in
190 any documentation for the Source Code where You describe recipients’ rights or
191 ownership rights relating to Covered Software. You may not remove or alter the
192 substance of any License notices (including copyright notices, patent notices,
193 disclaimers of warranty, or limitations of liability) contained within the
194 Source Code Form of the Covered Software, except that You may alter any License
195 notices to the extent required to remedy known factual inaccuracies.
197 3.6. Application of Additional Terms
198 You may choose to offer, and to charge a fee for, warranty, support, indemnity
199 or liability obligations to one or more recipients of Covered Software.
200 However, You may do so only on Your own behalf, and not on behalf of any
201 Contributor. You must make it absolutely clear that any such warranty, support,
202 indemnity, or liability obligation is offered by You alone, and You hereby
203 agree to indemnify every Contributor for any liability incurred by such
204 Contributor as a result of warranty, support, indemnity or liability terms You
205 offer. You may include additional disclaimers of warranty and limitations of
206 liability specific to any jurisdiction.
208 3.7. Intellectual Property Matters
210 (a) Third Party Claims
211 If Contributor has knowledge that a License under a Third Party’s Intellectual
212 Property Rights is required to exercise the rights granted by such Contributor
213 under Section 2.1, Contributor must include a text file with the Source Code
214 Distribution titled “Legal” which describes the claim and the party making the
215 claim in sufficient detail that a recipient will know whom to contact. If
216 Contributor obtains such knowledge after the Modification is made available,
217 Contributor shall promptly modify the Legal file in all copies Contributor
218 makes available thereafter and shall take other steps (such as notifying
219 appropriate mailing lists or newsgroups) reasonably calculated to inform those
220 who received the Covered Software that new knowledge has been obtained.
222 (b) Contributor APIs
223 If Contributor’s Modifications include an application programming interface and
224 Contributor has knowledge of patent licenses which hare reasonably necessary to
225 implement that API, Contributor must also include this information in the Legal
228 (c) Representations
229 Contributor represents that, except as disclosed pursuant to Section 3.7 (a)
230 above, Contributor believes that Contributor’s Modifications are Contributor’s
231 original creation(s) and /or Contributor has sufficient rights to grant the
232 rights conveyed by this License.
234 3.8. Certain Attribution Requirements
235 This License does not grant any License or rights to use the trademarks
236 “TERRACOTTA” “SOFTWARE AG,” any logos, trade names or slogans of either
237 Terracotta, Inc. or Software AG. However, in addition to the other notice
238 obligations all copies of the Covered Software in Executable Form and Source
239 Code Form distributed or otherwise made available, must as a form of
240 attribution of the Initial Developer, include on each user interface screen (a)
241 the copyright notice in the same form as the latest version of the Covered
242 Software distributed or otherwise made available by Terracotta Inc. at the time
243 of distribution or making available of such copy and (b) the following text
244 which must be large enough so that it can be read easily “Powered by
245 Terracotta.” The copyright notice and text must be visible to all users and be
246 located at the very bottom and in the center of each user interface screen. The
247 word “Terracotta” must be a hyperlink, so that when any user activates the link
248 (e.g. by clicking on it with a mouse), the user will be directed to
251 4. Inability to Comply Due to Statute or Regulation
252 If it is impossible for You to comply with any of the terms of this License
253 with respect to some or all of the Covered Software due to statute, judicial
254 order, or regulation then You must: (a) comply with the terms of this License
255 to the maximum extent possible; and (b) describe the limitations and the code
256 they affect. Such description must be placed in a text file included with all
257 distributions of the Covered Software under this License. Except to the extent
258 prohibited by statute or regulation, such description must be sufficiently
259 detailed for a recipient of ordinary skill to be able to understand it.
261 5. Termination
263 5.1. The rights granted under this License will terminate automatically if You
264 fail to comply with any of its terms. However, if You become compliant, then
265 the rights granted under this License from a particular Contributor are
266 reinstated (a) provisionally, unless and until such Contributor explicitly and
267 finally terminates Your grants, and (b) on an ongoing basis, if such
268 Contributor fails to notify You of the non-compliance by some reasonable means
269 prior to 60 days after You have come back into compliance. Moreover, Your
270 grants from a particular Contributor are reinstated on an ongoing basis if such
271 Contributor notifies You of the non-compliance by some reasonable means, this
272 is the first time You have received notice of non-compliance with this License
273 from such Contributor, and You become compliant prior to 30 days after Your
274 receipt of the notice.
276 5.2. If You initiate litigation against any entity by asserting a patent
277 infringement claim (excluding declaratory judgment actions, counter-claims, and
278 cross-claims) alleging that a Contributor Version directly or indirectly
279 infringes any patent, then the rights granted to You by any and all
280 Contributors for the Covered Software under Section 2.1 of this License shall
283 5.3. In the event of termination under Sections 5.1 or 5.2 above, all end user
284 license agreements (excluding distributors and resellers) which have been
285 validly granted by You or Your distributors under this License prior to
286 termination shall survive termination.
288 6. Disclaimer of Warranty
289 COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
290 WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING,
291 WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS,
292 MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK
293 AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD
294 ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL
295 DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
296 REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
297 OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT
298 UNDER THIS DISCLAIMER.
300 7. Limitation of Liability
301 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
302 NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
303 OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF
304 ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL,
305 INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
306 LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
307 FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
308 IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
309 LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
310 INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
311 PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
312 LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
313 LIMITATION MAY NOT APPLY TO YOU.
315 8. Litigation
317 8.1. Jurisdiction
318 This License shall be governed in accordance with the laws of the Commonwealth
319 of Virginia (except to the extent applicable law, if any, provides otherwise),
320 without giving effect to its conflicts-of-laws provisions. With respect to
321 disputes in which at least one party is a citizen of, or an entity chartered or
322 registered to do business in the United States of America, any litigation
323 relating to this license shall be subject to the jurisdiction of the federal
324 courts of the Commonwealth of Virginia with the losing party responsible for
325 costs, including without limitation, court costs and reasonable attorneys’ fees
326 and expenses. The application of the United Nations Convention on Contracts for
327 the International Sale of Goods is expressly excluded. Any law or regulation
328 which provides that the language of contract shall be construed against the
329 drafter shall not apply to this License. You agree that You alone are
330 responsible for compliance with the United States export administration
331 regulations (and the export control laws and regulations of any other
332 countries) when You use, distribute, or otherwise make available Covered
335 8.2. Responsibility for Claims
336 As between the Initial Developer and Contributors, each party is responsible
337 for claims and damages arising, directly or indirectly, out of its utilization
338 of rights under this License and You agree to work with Initial Developer and
339 Contributors to distribute such responsibility on an equitable basis. Nothing
340 herein is intended or shall be deemed to constitute an admission of liability.
342 9. Miscellaneous
343 This License represents the complete agreement concerning the subject matter
344 hereof. If any provision of this License is held to be unenforceable, such
345 provision shall be reformed only to the extent necessary to make it
346 enforceable. Any law or regulation which provides that the language of a
347 contract shall be construed against the drafter shall not be used to construe
348 this License against a Contributor.
350 10. Versions of the License
352 10.1. New Versions
353 Terracotta, Inc. and/or its parent Software AG (“Terracotta”) may publish
354 revised and/or new versions of the license from time to time. Except as
355 provided in Section 10.3, no one other than Terracotta has the right to modify
356 or publish new versions of this License. Each version will be given a
357 distinguishing version number.
359 10.2. Effect of New Versions
360 You may distribute the Covered Software under the terms of the version of the
361 License under which You originally received the Covered Software, or under the
362 terms of any subsequent version published by Terracotta.
364 10.3. Modified Versions
365 If You create or use a modified version of this License (which You may do in
366 order to apply it to code with is not already covered by this License), You
367 must (a) rename Your License so that the phrases “Terracotta” “TPL” “Software
368 AG,” or any confusingly similar phrase do not appear in Your license (except to
369 note that Your license differs from this License) and (b) otherwise make it
370 clear that Your version of the license contains terms which differ from the
371 Terracotta Public License. Filling in the name of the Initial Developer,
372 Covered Software or Contributor in the notice described in Exhibit A shall not
373 of themselves be deemed to be modifications of this License.)
374 This Terracotta Public License (TPL) is similar to, and contains samples from,
375 the Mozilla Public License (MPL) and the Common Development and Distribution
376 License (CDDL). However, this TPL contains terms which differ from those
377 contained in the MPL and CDDL.
379 10.4. Distributing Source Code Form that is Incompatible With Secondary Licenses
380 If You choose to distribute Source Code Form that is Incompatible With
381 Secondary Licenses under the terms of this version of the License, the notice
382 described in Exhibit B of this License must be attached.
384 Exhibit A - Terracotta Public License.
385 "The contents of this file are subject to the Terracotta Public License Version
386 2.0 (the "License"); You may not use this file except in compliance with the
387 License. You may obtain a copy of the License at
389 Software distributed under the License is distributed on an "AS IS" basis,
390 WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
391 the specific language governing rights and limitations under the License.
393 The Covered Software is Terracotta Core.
395 The Initial Developer of the Covered Software is Terracotta, Inc. © Terracotta,
396 Inc., a Software AG company
398 Portions created by ______________________ are Copyright (C) _______________.
399 All Rights Reserved.
400 Contributor(s): ______________________________________.
402 NOTE: THE TEXT OF THIS EXHIBIT A MAY DIFFER SLIGHTLY FROM THE TEXT OF THE
403 NOTICES IN THE SOURCE CODE FILES OF THE COVERED SOFTWARE. YOU SHOULD USE THE
404 TEXT OF THIS EXHIBIT A RATHER THAN THE TEXT FOUND IN THE COVERED SOFTWARE
405 SOURCE CODE FOR YOUR MODIFICATIONS.
407 Exhibit B - "Incompatible With Secondary Licenses" Notice
409 This Source Code Form is "Incompatible With Secondary Licenses", as defined by
410 the Terracotta Public License, v. 2.0.