1 Fraunhofer FOKUS Public License Version 1.0
6 The Fraunhofer FOKUS Public License Version 1.0 ("FFPL") is based on, but
7 modifies the Mozilla Public License Version 1.1 with the following Amendments,
8 including Exhibit A-FRAUNHOFER FOKUS Public License.
10 Additional Terms applicable to the Fraunhofer FOKUS Public License.
14 The additional terms described in this Fraunhofer FOKUS Public License
15 Amendments shall apply to the SENF code and to all Covered Code under this
18 2. Distribution of SENF or Covered Code
20 Each copy of SENF and any Covered Code distributed by you must be distributed
21 only under the terms of this License or a future version of this License and you
22 must include a copy of this License with every copy of the Source Code you
25 With each copy of SENF and any Covered Code distributed by you, you must display
26 the following acknowledgement: “This product includes software developed by
27 Fraunhofer FOKUS and its contributors.” This obligation or any other clause of
28 the license does not grant any rights to use the trademarks or logo of
31 3. Use of Modifications and Covered Code by Fraunhofer.
33 With respect to any copyright in your modification or covered code you hereby
34 grant Fraunhofer a perpetual, irrevocable, non-exclusive, worldwide,
35 royalty-free, unrestricted license to exercise all rights under those
36 copyrights. This includes the right to sublicense these same rights to third
37 parties through multiple levels of sublicensees or other licensing arrangements.
39 Fraunhofer reserves the right to license the Source Code of SENF as well as any
40 Covered Code or parts thereof without such Code becoming subject to the terms of
41 this License, and may license such Code on different terms from those contained
44 4. Reports on bugs, bug fixes, patches
46 Any bugs and modifications discovered shall be reported to Fraunhofer FOKUS by
47 e-mail (senf@fokus.fraunhofer.de) and be provided in source code form.
48 In case you fix discovered bugs in SENF or Covered Code or develop patches
49 therefore, Section 3 above shall apply and you shall report such bug fixes and
50 patches to Fraunhofer by e-mail stated above.
54 This agreement shall be subject to German law.
57 EXHIBIT A- Fraunhofer FOKUS Public License.
59 The contents of this file are subject to the Fraunhofer FOKUS Public License
60 Version 1.0 (the "License"); you may not use this file except in compliance with
61 the License. You may obtain a copy of the License at
62 http://senf.berlios.de/license.html
64 Software distributed under the License is distributed on an "AS IS" basis,
65 WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the
66 specific language governing rights and limitations under the License.
68 The Original Code is Fraunhofer FOKUS code.
70 The Initial Developer of the Original Code is Fraunhofer-Gesellschaft e.V.
71 (registered association), Hansastraße 27 c, 80686 Munich, Germany.
76 MOZILLA PUBLIC LICENSE
82 1.0.1. "Commercial Use" means distribution or otherwise making the
83 Covered Code available to a third party.
85 1.1. "Contributor" means each entity that creates or contributes to
86 the creation of Modifications.
88 1.2. "Contributor Version" means the combination of the Original
89 Code, prior Modifications used by a Contributor, and the Modifications
90 made by that particular Contributor.
92 1.3. "Covered Code" means the Original Code or Modifications or the
93 combination of the Original Code and Modifications, in each case
94 including portions thereof.
96 1.4. "Electronic Distribution Mechanism" means a mechanism generally
97 accepted in the software development community for the electronic
100 1.5. "Executable" means Covered Code in any form other than Source
103 1.6. "Initial Developer" means the individual or entity identified
104 as the Initial Developer in the Source Code notice required by Exhibit
107 1.7. "Larger Work" means a work which combines Covered Code or
108 portions thereof with code not governed by the terms of this License.
110 1.8. "License" means this document.
112 1.8.1. "Licensable" means having the right to grant, to the maximum
113 extent possible, whether at the time of the initial grant or
114 subsequently acquired, any and all of the rights conveyed herein.
116 1.9. "Modifications" means any addition to or deletion from the
117 substance or structure of either the Original Code or any previous
118 Modifications. When Covered Code is released as a series of files, a
120 A. Any addition to or deletion from the contents of a file
121 containing Original Code or previous Modifications.
123 B. Any new file that contains any part of the Original Code or
124 previous Modifications.
126 1.10. "Original Code" means Source Code of computer software code
127 which is described in the Source Code notice required by Exhibit A as
128 Original Code, and which, at the time of its release under this
129 License is not already Covered Code governed by this License.
131 1.10.1. "Patent Claims" means any patent claim(s), now owned or
132 hereafter acquired, including without limitation, method, process,
133 and apparatus claims, in any patent Licensable by grantor.
135 1.11. "Source Code" means the preferred form of the Covered Code for
136 making modifications to it, including all modules it contains, plus
137 any associated interface definition files, scripts used to control
138 compilation and installation of an Executable, or source code
139 differential comparisons against either the Original Code or another
140 well known, available Covered Code of the Contributor's choice. The
141 Source Code can be in a compressed or archival form, provided the
142 appropriate decompression or de-archiving software is widely available
145 1.12. "You" (or "Your") means an individual or a legal entity
146 exercising rights under, and complying with all of the terms of, this
147 License or a future version of this License issued under Section 6.1.
148 For legal entities, "You" includes any entity which controls, is
149 controlled by, or is under common control with You. For purposes of
150 this definition, "control" means (a) the power, direct or indirect,
151 to cause the direction or management of such entity, whether by
152 contract or otherwise, or (b) ownership of more than fifty percent
153 (50%) of the outstanding shares or beneficial ownership of such
156 2. Source Code License.
158 2.1. The Initial Developer Grant.
159 The Initial Developer hereby grants You a world-wide, royalty-free,
160 non-exclusive license, subject to third party intellectual property
162 (a) under intellectual property rights (other than patent or
163 trademark) Licensable by Initial Developer to use, reproduce,
164 modify, display, perform, sublicense and distribute the Original
165 Code (or portions thereof) with or without Modifications, and/or
166 as part of a Larger Work; and
168 (b) under Patents Claims infringed by the making, using or
169 selling of Original Code, to make, have made, use, practice,
170 sell, and offer for sale, and/or otherwise dispose of the
171 Original Code (or portions thereof).
173 (c) the licenses granted in this Section 2.1(a) and (b) are
174 effective on the date Initial Developer first distributes
175 Original Code under the terms of this License.
177 (d) Notwithstanding Section 2.1(b) above, no patent license is
178 granted: 1) for code that You delete from the Original Code; 2)
179 separate from the Original Code; or 3) for infringements caused
180 by: i) the modification of the Original Code or ii) the
181 combination of the Original Code with other software or devices.
183 2.2. Contributor Grant.
184 Subject to third party intellectual property claims, each Contributor
185 hereby grants You a world-wide, royalty-free, non-exclusive license
187 (a) under intellectual property rights (other than patent or
188 trademark) Licensable by Contributor, to use, reproduce, modify,
189 display, perform, sublicense and distribute the Modifications
190 created by such Contributor (or portions thereof) either on an
191 unmodified basis, with other Modifications, as Covered Code
192 and/or as part of a Larger Work; and
194 (b) under Patent Claims infringed by the making, using, or
195 selling of Modifications made by that Contributor either alone
196 and/or in combination with its Contributor Version (or portions
197 of such combination), to make, use, sell, offer for sale, have
198 made, and/or otherwise dispose of: 1) Modifications made by that
199 Contributor (or portions thereof); and 2) the combination of
200 Modifications made by that Contributor with its Contributor
201 Version (or portions of such combination).
203 (c) the licenses granted in Sections 2.2(a) and 2.2(b) are
204 effective on the date Contributor first makes Commercial Use of
207 (d) Notwithstanding Section 2.2(b) above, no patent license is
208 granted: 1) for any code that Contributor has deleted from the
209 Contributor Version; 2) separate from the Contributor Version;
210 3) for infringements caused by: i) third party modifications of
211 Contributor Version or ii) the combination of Modifications made
212 by that Contributor with other software (except as part of the
213 Contributor Version) or other devices; or 4) under Patent Claims
214 infringed by Covered Code in the absence of Modifications made by
217 3. Distribution Obligations.
219 3.1. Application of License.
220 The Modifications which You create or to which You contribute are
221 governed by the terms of this License, including without limitation
222 Section 2.2. The Source Code version of Covered Code may be
223 distributed only under the terms of this License or a future version
224 of this License released under Section 6.1, and You must include a
225 copy of this License with every copy of the Source Code You
226 distribute. You may not offer or impose any terms on any Source Code
227 version that alters or restricts the applicable version of this
228 License or the recipients' rights hereunder. However, You may include
229 an additional document offering the additional rights described in
232 3.2. Availability of Source Code.
233 Any Modification which You create or to which You contribute must be
234 made available in Source Code form under the terms of this License
235 either on the same media as an Executable version or via an accepted
236 Electronic Distribution Mechanism to anyone to whom you made an
237 Executable version available; and if made available via Electronic
238 Distribution Mechanism, must remain available for at least twelve (12)
239 months after the date it initially became available, or at least six
240 (6) months after a subsequent version of that particular Modification
241 has been made available to such recipients. You are responsible for
242 ensuring that the Source Code version remains available even if the
243 Electronic Distribution Mechanism is maintained by a third party.
245 3.3. Description of Modifications.
246 You must cause all Covered Code to which You contribute to contain a
247 file documenting the changes You made to create that Covered Code and
248 the date of any change. You must include a prominent statement that
249 the Modification is derived, directly or indirectly, from Original
250 Code provided by the Initial Developer and including the name of the
251 Initial Developer in (a) the Source Code, and (b) in any notice in an
252 Executable version or related documentation in which You describe the
253 origin or ownership of the Covered Code.
255 3.4. Intellectual Property Matters
256 (a) Third Party Claims.
257 If Contributor has knowledge that a license under a third party's
258 intellectual property rights is required to exercise the rights
259 granted by such Contributor under Sections 2.1 or 2.2,
260 Contributor must include a text file with the Source Code
261 distribution titled "LEGAL" which describes the claim and the
262 party making the claim in sufficient detail that a recipient will
263 know whom to contact. If Contributor obtains such knowledge after
264 the Modification is made available as described in Section 3.2,
265 Contributor shall promptly modify the LEGAL file in all copies
266 Contributor makes available thereafter and shall take other steps
267 (such as notifying appropriate mailing lists or newsgroups)
268 reasonably calculated to inform those who received the Covered
269 Code that new knowledge has been obtained.
271 (b) Contributor APIs.
272 If Contributor's Modifications include an application programming
273 interface and Contributor has knowledge of patent licenses which
274 are reasonably necessary to implement that API, Contributor must
275 also include this information in the LEGAL file.
278 Contributor represents that, except as disclosed pursuant to
279 Section 3.4(a) above, Contributor believes that Contributor's
280 Modifications are Contributor's original creation(s) and/or
281 Contributor has sufficient rights to grant the rights conveyed by
284 3.5. Required Notices.
285 You must duplicate the notice in Exhibit A in each file of the Source
286 Code. If it is not possible to put such notice in a particular Source
287 Code file due to its structure, then You must include such notice in a
288 location (such as a relevant directory) where a user would be likely
289 to look for such a notice. If You created one or more Modification(s)
290 You may add your name as a Contributor to the notice described in
291 Exhibit A. You must also duplicate this License in any documentation
292 for the Source Code where You describe recipients' rights or ownership
293 rights relating to Covered Code. You may choose to offer, and to
294 charge a fee for, warranty, support, indemnity or liability
295 obligations to one or more recipients of Covered Code. However, You
296 may do so only on Your own behalf, and not on behalf of the Initial
297 Developer or any Contributor. You must make it absolutely clear than
298 any such warranty, support, indemnity or liability obligation is
299 offered by You alone, and You hereby agree to indemnify the Initial
300 Developer and every Contributor for any liability incurred by the
301 Initial Developer or such Contributor as a result of warranty,
302 support, indemnity or liability terms You offer.
304 3.6. Distribution of Executable Versions.
305 You may distribute Covered Code in Executable form only if the
306 requirements of Section 3.1-3.5 have been met for that Covered Code,
307 and if You include a notice stating that the Source Code version of
308 the Covered Code is available under the terms of this License,
309 including a description of how and where You have fulfilled the
310 obligations of Section 3.2. The notice must be conspicuously included
311 in any notice in an Executable version, related documentation or
312 collateral in which You describe recipients' rights relating to the
313 Covered Code. You may distribute the Executable version of Covered
314 Code or ownership rights under a license of Your choice, which may
315 contain terms different from this License, provided that You are in
316 compliance with the terms of this License and that the license for the
317 Executable version does not attempt to limit or alter the recipient's
318 rights in the Source Code version from the rights set forth in this
319 License. If You distribute the Executable version under a different
320 license You must make it absolutely clear that any terms which differ
321 from this License are offered by You alone, not by the Initial
322 Developer or any Contributor. You hereby agree to indemnify the
323 Initial Developer and every Contributor for any liability incurred by
324 the Initial Developer or such Contributor as a result of any such
328 You may create a Larger Work by combining Covered Code with other code
329 not governed by the terms of this License and distribute the Larger
330 Work as a single product. In such a case, You must make sure the
331 requirements of this License are fulfilled for the Covered Code.
333 4. Inability to Comply Due to Statute or Regulation.
335 If it is impossible for You to comply with any of the terms of this
336 License with respect to some or all of the Covered Code due to
337 statute, judicial order, or regulation then You must: (a) comply with
338 the terms of this License to the maximum extent possible; and (b)
339 describe the limitations and the code they affect. Such description
340 must be included in the LEGAL file described in Section 3.4 and must
341 be included with all distributions of the Source Code. Except to the
342 extent prohibited by statute or regulation, such description must be
343 sufficiently detailed for a recipient of ordinary skill to be able to
346 5. Application of this License.
348 This License applies to code to which the Initial Developer has
349 attached the notice in Exhibit A and to related Covered Code.
351 6. Versions of the License.
354 Netscape Communications Corporation ("Netscape") may publish revised
355 and/or new versions of the License from time to time. Each version
356 will be given a distinguishing version number.
358 6.2. Effect of New Versions.
359 Once Covered Code has been published under a particular version of the
360 License, You may always continue to use it under the terms of that
361 version. You may also choose to use such Covered Code under the terms
362 of any subsequent version of the License published by Netscape. No one
363 other than Netscape has the right to modify the terms applicable to
364 Covered Code created under this License.
366 6.3. Derivative Works.
367 If You create or use a modified version of this License (which you may
368 only do in order to apply it to code which is not already Covered Code
369 governed by this License), You must (a) rename Your license so that
370 the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape",
371 "MPL", "NPL" or any confusingly similar phrase do not appear in your
372 license (except to note that your license differs from this License)
373 and (b) otherwise make it clear that Your version of the license
374 contains terms which differ from the Mozilla Public License and
375 Netscape Public License. (Filling in the name of the Initial
376 Developer, Original Code or Contributor in the notice described in
377 Exhibit A shall not of themselves be deemed to be modifications of
380 7. DISCLAIMER OF WARRANTY.
382 COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
383 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
384 WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
385 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
386 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
387 IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
388 YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
389 COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
390 OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
391 ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
395 8.1. This License and the rights granted hereunder will terminate
396 automatically if You fail to comply with terms herein and fail to cure
397 such breach within 30 days of becoming aware of the breach. All
398 sublicenses to the Covered Code which are properly granted shall
399 survive any termination of this License. Provisions which, by their
400 nature, must remain in effect beyond the termination of this License
403 8.2. If You initiate litigation by asserting a patent infringement
404 claim (excluding declatory judgment actions) against Initial Developer
405 or a Contributor (the Initial Developer or Contributor against whom
406 You file such action is referred to as "Participant") alleging that:
408 (a) such Participant's Contributor Version directly or indirectly
409 infringes any patent, then any and all rights granted by such
410 Participant to You under Sections 2.1 and/or 2.2 of this License
411 shall, upon 60 days notice from Participant terminate prospectively,
412 unless if within 60 days after receipt of notice You either: (i)
413 agree in writing to pay Participant a mutually agreeable reasonable
414 royalty for Your past and future use of Modifications made by such
415 Participant, or (ii) withdraw Your litigation claim with respect to
416 the Contributor Version against such Participant. If within 60 days
417 of notice, a reasonable royalty and payment arrangement are not
418 mutually agreed upon in writing by the parties or the litigation claim
419 is not withdrawn, the rights granted by Participant to You under
420 Sections 2.1 and/or 2.2 automatically terminate at the expiration of
421 the 60 day notice period specified above.
423 (b) any software, hardware, or device, other than such Participant's
424 Contributor Version, directly or indirectly infringes any patent, then
425 any rights granted to You by such Participant under Sections 2.1(b)
426 and 2.2(b) are revoked effective as of the date You first made, used,
427 sold, distributed, or had made, Modifications made by that
430 8.3. If You assert a patent infringement claim against Participant
431 alleging that such Participant's Contributor Version directly or
432 indirectly infringes any patent where such claim is resolved (such as
433 by license or settlement) prior to the initiation of patent
434 infringement litigation, then the reasonable value of the licenses
435 granted by such Participant under Sections 2.1 or 2.2 shall be taken
436 into account in determining the amount or value of any payment or
439 8.4. In the event of termination under Sections 8.1 or 8.2 above,
440 all end user license agreements (excluding distributors and resellers)
441 which have been validly granted by You or any distributor hereunder
442 prior to termination shall survive termination.
444 9. LIMITATION OF LIABILITY.
446 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
447 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
448 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
449 OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
450 ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
451 CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
452 WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
453 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
454 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
455 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
456 RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
457 PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
458 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
459 THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
461 10. U.S. GOVERNMENT END USERS.
463 The Covered Code is a "commercial item," as that term is defined in
464 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
465 software" and "commercial computer software documentation," as such
466 terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
467 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
468 all U.S. Government End Users acquire Covered Code with only those
469 rights set forth herein.
473 This License represents the complete agreement concerning subject
474 matter hereof. If any provision of this License is held to be
475 unenforceable, such provision shall be reformed only to the extent
476 necessary to make it enforceable. This License shall be governed by
477 California law provisions (except to the extent applicable law, if
478 any, provides otherwise), excluding its conflict-of-law provisions.
479 With respect to disputes in which at least one party is a citizen of,
480 or an entity chartered or registered to do business in the United
481 States of America, any litigation relating to this License shall be
482 subject to the jurisdiction of the Federal Courts of the Northern
483 District of California, with venue lying in Santa Clara County,
484 California, with the losing party responsible for costs, including
485 without limitation, court costs and reasonable attorneys' fees and
486 expenses. The application of the United Nations Convention on
487 Contracts for the International Sale of Goods is expressly excluded.
488 Any law or regulation which provides that the language of a contract
489 shall be construed against the drafter shall not apply to this
492 12. RESPONSIBILITY FOR CLAIMS.
494 As between Initial Developer and the Contributors, each party is
495 responsible for claims and damages arising, directly or indirectly,
496 out of its utilization of rights under this License and You agree to
497 work with Initial Developer and Contributors to distribute such
498 responsibility on an equitable basis. Nothing herein is intended or
499 shall be deemed to constitute any admission of liability.
501 13. MULTIPLE-LICENSED CODE.
503 Initial Developer may designate portions of the Covered Code as
504 "Multiple-Licensed". "Multiple-Licensed" means that the Initial
505 Developer permits you to utilize portions of the Covered Code under
506 Your choice of the NPL or the alternative licenses, if any, specified
507 by the Initial Developer in the file described in Exhibit A.