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    1 Terracotta Public License, version 2.0
    2 
    3 1. Definitions
    4 
    5 1.1. "Contributor" means each individual or legal entity that creates, 
    6 contributes to the creation of, and owns Covered Software.
    7 
    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.
   10 
   11 1.3. "Contribution" means Covered Software of a particular Contributor.
   12 
   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.
   17 
   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.
   20 
   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.
   25 
   26 1.7. "Executable Form" means any form of the work other than Source Code Form.
   27 
   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.
   30 
   31 1.9. "License" means this document.
   32 
   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.
   36 
   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.
   41 
   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.
   47 
   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.
   51 
   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.
   60 
   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.
   68 
   69 2. License Grants and Conditions
   70 
   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:
   75 
   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
   81 
   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.
   85 
   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.
   91 
   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:
   97 
   98 (a) for any code that a Contributor has removed from Covered Software; or
   99 
  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
  104 
  105 (c) under Patent Claims infringed by Covered Software in the absence of its 
  106 Contributions.
  107 
  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.
  111 
  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).
  117 
  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.
  122 
  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.
  126 
  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.
  130 
  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.
  136 
  137 3. Responsibilities
  138 
  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.
  151 
  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.
  162 
  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).
  173 
  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.
  182 
  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.  
  196 
  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.
  207 
  208 3.7. Intellectual Property Matters
  209 
  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. 
  221 
  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 
  226 file.
  227 
  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.
  233 
  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 
  249 http://www.terracotta.org.
  250 
  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.
  260 
  261 5. Termination
  262 
  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.
  275 
  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 
  281 terminate.
  282 
  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.
  287 
  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.
  299 
  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.
  314 
  315 8. Litigation
  316 
  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 
  333 Software. 
  334 
  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. 
  341 
  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.
  349 
  350 10. Versions of the License
  351 
  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.
  358 
  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.
  363 
  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. 
  378 
  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.
  383 
  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 
  388 http://terracotta.org/legal/terracotta-public-license.
  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.
  392 
  393 The Covered Software is Terracotta Core.
  394 
  395 The Initial Developer of the Covered Software is Terracotta, Inc. © Terracotta, 
  396 Inc., a Software AG company
  397 
  398 Portions created by ______________________ are Copyright (C) _______________. 
  399 All Rights Reserved.
  400 Contributor(s): ______________________________________.
  401 
  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.
  406 
  407 Exhibit B - "Incompatible With Secondary Licenses" Notice
  408 
  409 This Source Code Form is "Incompatible With Secondary Licenses", as defined by 
  410 the Terracotta Public License, v. 2.0.
  411