TPL revision c3b1eba6
1THOR Public Licence (TPL)
2
30. Notes of Origin
4
50.1 As required by paragraph 6.3 of the "Mozilla Public Licence",
6"MPL" in the following, it is hereby stated that this Licence
7condition ("TPL") differs in the following items from the original
8"Mozilla Public Licence" as provided by "Netscape Communications
9Corporation":
10
11a) Paragraphs 6.2 and 6.3 of the MPL has been modified to bind licence
12modifications to the Author of this Licence, Thomas Richter.
13
14b) Paragraph 11 has been modified to gover this Licence by German
15law rather than Californian Law.
16
17c) The licence has been renamed to "TPL" and "THOR Public
18Licence". All references towards "MPL" have been removed except in
19section 0 to indicate the difference from "MPL".
20
21No other modifications have been made.
22
23
241. Definitions.
25
261.0.1. "Commercial Use" means distribution or otherwise making the
27Covered Code available to a third party.
28
291.1. "Contributor" means each entity that creates or contributes to
30the creation of Modifications.
31
321.2. "Contributor Version" means the combination of the Original Code,
33prior Modifications used by a Contributor, and the Modifications made
34by that particular Contributor.
35
361.3. "Covered Code" means the Original Code or Modifications or the
37combination of the Original Code and Modifications, in each case
38including portions thereof.
39
401.4. "Electronic Distribution Mechanism" means a mechanism generally
41accepted in the software development community for the electronic
42transfer of data.
43
441.5. "Executable" means Covered Code in any form other than Source
45Code.
46
471.6. "Initial Developer" means the individual or entity identified as
48the Initial Developer in the Source Code notice required by Exhibit A.
49
501.7. "Larger Work" means a work which combines Covered Code or
51portions thereof with code not governed by the terms of this License.
52
531.8. "License" means this document.
54
551.8.1. "Licensable" means having the right to grant, to the maximum
56extent possible, whether at the time of the initial grant or
57subsequently acquired, any and all of the rights conveyed herein.
58
591.9. "Modifications" means any addition to or deletion from the
60substance or structure of either the Original Code or any previous
61Modifications. When Covered Code is released as a series of files, a
62Modification is: A. Any addition to or deletion from the contents of a
63file containing Original Code or previous Modifications.
64
65B. Any new file that contains any part of the Original Code or
66previous Modifications.
67 
681.10. "Original Code" means Source Code of computer software code
69which is described in the Source Code notice required by Exhibit A as
70Original Code, and which, at the time of its release under this
71License is not already Covered Code governed by this License.
72
731.10.1. "Patent Claims" means any patent claim(s), now owned or
74hereafter acquired, including without limitation, method, process, and
75apparatus claims, in any patent Licensable by grantor.
76
771.11. "Source Code" means the preferred form of the Covered Code for
78making modifications to it, including all modules it contains, plus
79any associated interface definition files, scripts used to control
80compilation and installation of an Executable, or source code
81differential comparisons against either the Original Code or another
82well known, available Covered Code of the Contributor's choice. The
83Source Code can be in a compressed or archival form, provided the
84appropriate decompression or de-archiving software is widely available
85for no charge.
86
871.12. "You" (or "Your") means an individual or a legal entity
88exercising rights under, and complying with all of the terms of, this
89License or a future version of this License issued under Section
906.1. For legal entities, "You" includes any entity which controls, is
91controlled by, or is under common control with You. For purposes of
92this definition, "control" means (a) the power, direct or indirect, to
93cause the direction or management of such entity, whether by contract
94or otherwise, or (b) ownership of more than fifty percent (50%) of the
95outstanding shares or beneficial ownership of such entity.
96
972. Source Code License.
98
992.1. The Initial Developer Grant.  The Initial Developer hereby grants
100You a world-wide, royalty-free, non-exclusive license, subject to
101third party intellectual property claims: (a) under intellectual
102property rights (other than patent or trademark) Licensable by Initial
103Developer to use, reproduce, modify, display, perform, sublicense and
104distribute the Original Code (or portions thereof) with or without
105Modifications, and/or as part of a Larger Work; and
106
107(b) under Patents Claims infringed by the making, using or selling of
108Original Code, to make, have made, use, practice, sell, and offer for
109sale, and/or otherwise dispose of the Original Code (or portions
110thereof).  
111
112(c) the licenses granted in this Section 2.1(a) and (b) are effective
113on the date Initial Developer first distributes Original Code under
114the terms of this License.
115
116(d) Notwithstanding Section 2.1(b) above, no patent license is
117granted: 1) for code that You delete from the Original Code; 2)
118separate from the Original Code; or 3) for infringements caused by: i)
119the modification of the Original Code or ii) the combination of the
120Original Code with other software or devices.
121 
1222.2. Contributor Grant.  Subject to third party intellectual property
123claims, each Contributor hereby grants You a world-wide, royalty-free,
124non-exclusive license
125 
126(a) under intellectual property rights (other than patent or
127trademark) Licensable by Contributor, to use, reproduce, modify,
128display, perform, sublicense and distribute the Modifications created
129by such Contributor (or portions thereof) either on an unmodified
130basis, with other Modifications, as Covered Code and/or as part of a
131Larger Work; and
132
133(b) under Patent Claims infringed by the making, using, or selling of
134Modifications made by that Contributor either alone and/or in
135combination with its Contributor Version (or portions of such
136combination), to make, use, sell, offer for sale, have made, and/or
137otherwise dispose of: 1) Modifications made by that Contributor (or
138portions thereof); and 2) the combination of Modifications made by
139that Contributor with its Contributor Version (or portions of such
140combination).
141
142(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective
143on the date Contributor first makes Commercial Use of the Covered
144Code.
145
146(d) Notwithstanding Section 2.2(b) above, no patent license is
147granted: 1) for any code that Contributor has deleted from the
148Contributor Version; 2) separate from the Contributor Version; 3) for
149infringements caused by: i) third party modifications of Contributor
150Version or ii) the combination of Modifications made by that
151Contributor with other software (except as part of the Contributor
152Version) or other devices; or 4) under Patent Claims infringed by
153Covered Code in the absence of Modifications made by that Contributor.
154
155
1563. Distribution Obligations.
157
1583.1. Application of License.  The Modifications which You create or to
159which You contribute are governed by the terms of this License,
160including without limitation Section 2.2. The Source Code version of
161Covered Code may be distributed only under the terms of this License
162or a future version of this License released under Section 6.1, and
163You must include a copy of this License with every copy of the Source
164Code You distribute. You may not offer or impose any terms on any
165Source Code version that alters or restricts the applicable version of
166this License or the recipients' rights hereunder. However, You may
167include an additional document offering the additional rights
168described in Section 3.5.
169
1703.2. Availability of Source Code.  Any Modification which You create
171or to which You contribute must be made available in Source Code form
172under the terms of this License either on the same media as an
173Executable version or via an accepted Electronic Distribution
174Mechanism to anyone to whom you made an Executable version available;
175and if made available via Electronic Distribution Mechanism, must
176remain available for at least twelve (12) months after the date it
177initially became available, or at least six (6) months after a
178subsequent version of that particular Modification has been made
179available to such recipients. You are responsible for ensuring that
180the Source Code version remains available even if the Electronic
181Distribution Mechanism is maintained by a third party.
182
1833.3. Description of Modifications.  You must cause all Covered Code to
184which You contribute to contain a file documenting the changes You
185made to create that Covered Code and the date of any change. You must
186include a prominent statement that the Modification is derived,
187directly or indirectly, from Original Code provided by the Initial
188Developer and including the name of the Initial Developer in (a) the
189Source Code, and (b) in any notice in an Executable version or related
190documentation in which You describe the origin or ownership of the
191Covered Code.
192
1933.4. Intellectual Property Matters (a) Third Party Claims.  If
194Contributor has knowledge that a license under a third party's
195intellectual property rights is required to exercise the rights
196granted by such Contributor under Sections 2.1 or 2.2, Contributor
197must include a text file with the Source Code distribution titled
198"LEGAL" which describes the claim and the party making the claim in
199sufficient detail that a recipient will know whom to contact. If
200Contributor obtains such knowledge after the Modification is made
201available as described in Section 3.2, Contributor shall promptly
202modify the LEGAL file in all copies Contributor makes available
203thereafter and shall take other steps (such as notifying appropriate
204mailing lists or newsgroups) reasonably calculated to inform those who
205received the Covered Code that new knowledge has been obtained.
206
207(b) Contributor APIs.  If Contributor's Modifications include an
208application programming interface and Contributor has knowledge of
209patent licenses which are reasonably necessary to implement that API,
210Contributor must also include this information in the LEGAL file.
211 
212(c) Representations.  Contributor represents that, except as disclosed
213pursuant to Section 3.4(a) above, Contributor believes that
214Contributor's Modifications are Contributor's original creation(s)
215and/or Contributor has sufficient rights to grant the rights conveyed
216by this License.
217
218
2193.5. Required Notices.  You must duplicate the notice in Exhibit A in
220each file of the Source Code.  If it is not possible to put such
221notice in a particular Source Code file due to its structure, then You
222must include such notice in a location (such as a relevant directory)
223where a user would be likely to look for such a notice.  If You
224created one or more Modification(s) You may add your name as a
225Contributor to the notice described in Exhibit A.  You must also
226duplicate this License in any documentation for the Source Code where
227You describe recipients' rights or ownership rights relating to
228Covered Code.  You may choose to offer, and to charge a fee for,
229warranty, support, indemnity or liability obligations to one or more
230recipients of Covered Code. However, You may do so only on Your own
231behalf, and not on behalf of the Initial Developer or any
232Contributor. You must make it absolutely clear than any such warranty,
233support, indemnity or liability obligation is offered by You alone,
234and You hereby agree to indemnify the Initial Developer and every
235Contributor for any liability incurred by the Initial Developer or
236such Contributor as a result of warranty, support, indemnity or
237liability terms You offer.
238
2393.6. Distribution of Executable Versions.  You may distribute Covered
240Code in Executable form only if the requirements of Section 3.1-3.5
241have been met for that Covered Code, and if You include a notice
242stating that the Source Code version of the Covered Code is available
243under the terms of this License, including a description of how and
244where You have fulfilled the obligations of Section 3.2. The notice
245must be conspicuously included in any notice in an Executable version,
246related documentation or collateral in which You describe recipients'
247rights relating to the Covered Code. You may distribute the Executable
248version of Covered Code or ownership rights under a license of Your
249choice, which may contain terms different from this License, provided
250that You are in compliance with the terms of this License and that the
251license for the Executable version does not attempt to limit or alter
252the recipient's rights in the Source Code version from the rights set
253forth in this License. If You distribute the Executable version under
254a different license You must make it absolutely clear that any terms
255which differ from this License are offered by You alone, not by the
256Initial Developer or any Contributor. You hereby agree to indemnify
257the Initial Developer and every Contributor for any liability incurred
258by the Initial Developer or such Contributor as a result of any such
259terms You offer.
260
2613.7. Larger Works.  You may create a Larger Work by combining Covered
262Code with other code not governed by the terms of this License and
263distribute the Larger Work as a single product. In such a case, You
264must make sure the requirements of this License are fulfilled for the
265Covered Code.
266
2674. Inability to Comply Due to Statute or Regulation.
268
269If it is impossible for You to comply with any of the terms of this
270License with respect to some or all of the Covered Code due to
271statute, judicial order, or regulation then You must: (a) comply with
272the terms of this License to the maximum extent possible; and (b)
273describe the limitations and the code they affect. Such description
274must be included in the LEGAL file described in Section 3.4 and must
275be included with all distributions of the Source Code. Except to the
276extent prohibited by statute or regulation, such description must be
277sufficiently detailed for a recipient of ordinary skill to be able to
278understand it.
279
2805. Application of this License.
281
282This License applies to code to which the Initial Developer has
283attached the notice in Exhibit A and to related Covered Code.
284
2856. Versions of the License.
286
2876.1. New Versions.  Thomas Richter may publish revised and/or new
288versions of the License from time to time. Each version will be given
289a distinguishing version number.
290
2916.2. Effect of New Versions.  Once Covered Code has been published
292under a particular version of the License, You may always continue to
293use it under the terms of that version. You may also choose to use
294such Covered Code under the terms of any subsequent version of the
295License published by Thomas Richter. No one other than Thomas Richter
296has the right to modify the terms applicable to Covered Code created
297under this License.
298
2996.3. Derivative Works.  If You create or use a modified version of
300this License (which you may only do in order to apply it to code which
301is not already Covered Code governed by this License), You must (a)
302rename Your license so that the phrases "TPL", "THOR Software",
303"Thomas Richter" or any confusingly similar phrase do not appear in
304your license (except to note that your license differs from this
305License) and (b) otherwise make it clear that Your version of the
306license contains terms which differ from the THOR Public
307License. (Filling in the name of the Initial Developer, Original Code
308or Contributor in the notice described in Exhibit A shall not of
309themselves be deemed to be modifications of this License.)
310
3117. DISCLAIMER OF WARRANTY.
312
313COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
314WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
315WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
316DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
317NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
318THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE
319IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
320CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
321CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
322OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER
323EXCEPT UNDER THIS DISCLAIMER.
324
3258. TERMINATION.
326
3278.1.  This License and the rights granted hereunder will terminate
328automatically if You fail to comply with terms herein and fail to cure
329such breach within 30 days of becoming aware of the breach. All
330sublicenses to the Covered Code which are properly granted shall
331survive any termination of this License. Provisions which, by their
332nature, must remain in effect beyond the termination of this License
333shall survive.
334
3358.2.  If You initiate litigation by asserting a patent infringement
336claim (excluding declatory judgment actions) against Initial Developer
337or a Contributor (the Initial Developer or Contributor against whom
338You file such action is referred to as "Participant") alleging that:
339
340(a) such Participant's Contributor Version directly or indirectly
341infringes any patent, then any and all rights granted by such
342Participant to You under Sections 2.1 and/or 2.2 of this License
343shall, upon 60 days notice from Participant terminate prospectively,
344unless if within 60 days after receipt of notice You either: (i) agree
345in writing to pay Participant a mutually agreeable reasonable royalty
346for Your past and future use of Modifications made by such
347Participant, or (ii) withdraw Your litigation claim with respect to
348the Contributor Version against such Participant.  If within 60 days
349of notice, a reasonable royalty and payment arrangement are not
350mutually agreed upon in writing by the parties or the litigation claim
351is not withdrawn, the rights granted by Participant to You under
352Sections 2.1 and/or 2.2 automatically terminate at the expiration of
353the 60 day notice period specified above.
354
355(b) any software, hardware, or device, other than such Participant's
356Contributor Version, directly or indirectly infringes any patent, then
357any rights granted to You by such Participant under Sections 2.1(b)
358and 2.2(b) are revoked effective as of the date You first made, used,
359sold, distributed, or had made, Modifications made by that
360Participant.
361
3628.3.  If You assert a patent infringement claim against Participant
363alleging that such Participant's Contributor Version directly or
364indirectly infringes any patent where such claim is resolved (such as
365by license or settlement) prior to the initiation of patent
366infringement litigation, then the reasonable value of the licenses
367granted by such Participant under Sections 2.1 or 2.2 shall be taken
368into account in determining the amount or value of any payment or
369license.
370
3718.4.  In the event of termination under Sections 8.1 or 8.2 above, all
372end user license agreements (excluding distributors and resellers)
373which have been validly granted by You or any distributor hereunder
374prior to termination shall survive termination.
375
3769. LIMITATION OF LIABILITY.
377
378UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
379(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
380DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
381OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
382ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
383CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
384WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
385COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
386INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
387LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
388RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
389PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
390EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
391THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
392
39310. U.S. GOVERNMENT END USERS.
394
395The Covered Code is a "commercial item," as that term is defined in 48
396C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software"
397and "commercial computer software documentation," as such terms are
398used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
399C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
400all U.S. Government End Users acquire Covered Code with only those
401rights set forth herein.
402
40311. MISCELLANEOUS.
404
405This License represents the complete agreement concerning subject
406matter hereof. If any provision of this License is held to be
407unenforceable, such provision shall be reformed only to the extent
408necessary to make it enforceable. This License shall be governed by
409German law provisions (except to the extent applicable law, if any,
410provides otherwise), excluding its conflict-of-law provisions. With
411respect to disputes in which at least one party is a citizen of, or an
412entity chartered or registered to do business in Federal Republic of
413Germany, any litigation relating to this License shall be subject to
414the jurisdiction of the Federal Courts of the Federal Republic of
415Germany, with the losing party responsible for costs, including
416without limitation, court costs and reasonable attorneys' fees and
417expenses. Any law or regulation which provides that the language of a
418contract shall be construed against the drafter shall not apply to
419this License.
420
42112. RESPONSIBILITY FOR CLAIMS.
422
423As between Initial Developer and the Contributors, each party is
424responsible for claims and damages arising, directly or indirectly,
425out of its utilization of rights under this License and You agree to
426work with Initial Developer and Contributors to distribute such
427responsibility on an equitable basis. Nothing herein is intended or
428shall be deemed to constitute any admission of liability.
429
43013. MULTIPLE-LICENSED CODE.
431
432Initial Developer may designate portions of the Covered Code as
433Multiple-Licensed.  Multiple-Licensed means that the Initial Developer
434permits you to utilize portions of the Covered Code under Your choice
435of the TPL or the alternative licenses, if any, specified by the
436Initial Developer in the file described in Exhibit A.
437
438
439EXHIBIT A - THOR Public License.
440
441The contents of this file are subject to the THOR Public License
442Version 1.0 (the "License"); you may not use this file except in
443compliance with the License. 
444
445Software distributed under the License is distributed on an "AS IS"
446basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See
447the License for the specificlanguage governing rights and limitations
448under the License.
449
450The Original Code is ______________________________________.
451
452The Initial Developer of the Original Code is _____________. 
453
454Portions created by  ______________________ are 
455Copyright (C) ______ _______________________. 
456
457All Rights Reserved.
458
459Contributor(s): ______________________________________.
460
461Alternatively, the contents of this file may be used under the terms
462of the _____ license (the [___] License), in which case the provisions
463of [______] License are applicable instead of those above.  If you
464wish to allow use of your version of this file only under the terms of
465the [____] License and not to allow others to use your version of this
466file under the TPL, indicate your decision by deleting the provisions
467above and replace them with the notice and other provisions required
468by the [___] License.  If you do not delete the provisions above, a
469recipient may use your version of this file under either the TPL or
470the [___] License."
471
472[NOTE: The text of this Exhibit A may differ slightly from the text of
473the notices in the Source Code files of the Original Code. You should
474use the text of this Exhibit A rather than the text found in the
475Original Code Source Code for Your Modifications.]
476