LICENCE.mxf (23707B)
1 Copyright 2022 Ellenor Bjornsdottir. All Rights Reserved. 2 3 Your licence to this software is governed under the laws of BC, Canada, except as required by 4 applicable laws where you may reside. 5 6 This is software, and it is NOT Open Source software, 7 per https://opensource.org/faq#avoid-unapproved-licenses . 8 9 The source is available to you and your assigns provided that you and they follow the terms below. 10 If they are onerous, speak to the Initial Developer(s) and the Contributor(s) and/or their heirs or 11 assigns, and you may be able to obtain special dispensation to use and redistribute the software 12 under other licence terms. 13 14 You should have received a copy of the Umbrellix Softare Licence, or other special licence you may 15 have negotiated, with this programme. If you haven't, please retrieve the CDDL-1.0 (on which the USL 16 is based): 17 https://opensource.org/licenses/cddl1.txt and prepend: 18 19 Appendix 1. 20 USL replaces Section 4.1 with the following text: 21 Ellenor Agnes Bjornsdottir, or any person, natural or legal, she may with notice to initial licencees 22 assign the status to, is the licence steward and may, from time to time, publish revised and/or new 23 versions of this licence. Each version will be given a distinguishing version number, which may 24 be a commit number from a version control system. This licence may be modified solely as provided by 25 section 4.3. 26 27 Appendix 2. 28 USL renumbers Section 4.3 to Section 4.3.1. 29 USL adds a Section 4.3.2, entitled "This licence is not the Sun CDDL", with the following text. 30 The terms of the USL are not those of the CDDL as published by Sun Microsystems, Inc. and 31 its heirs, assigns and successors. The terms of the USL are substantively different from the CDDL's, 32 and combination of the two licences in a larger work may result in a work that is not distributable. 33 34 Appendix 3. 35 USL renumbers Section 6.1 to Section 6.1.1. 36 USL adds a Section 6.1.2, entitled "Resumability", with the following text. 37 This licence, and the rights previously granted under this licence, will resume automatically should You 38 wholly cure a breach of the licence that results in termination under section 6.1.1. You remain liable for 39 damages incurred by the initial developer or any contributor as a result of the breach. 40 41 Appendix 4. 42 USL appends the following text to 1.4. 43 In the case of Covered Software which is not software, the Executable is the final form in which the 44 Covered Software is intended to be consumed. (Non-legal readers: think of a releasable piece of music, 45 regardless of how it's encoded) 46 47 Appendix 5. 48 USL appends the following text to 1.12. 49 In the case of Covered Software which is not software, the Source Code is the data from which the 50 Executable is generated. (Non-legal readers: think of a piano roll in a DAW.) 51 52 Appendix 6. 53 USL replaces the following text from Section 9: 54 This Licence shall be governed by the law of the jurisdiction specified in a notice contained within 55 the Original Software (except to the extent applicable law, if any, provides otherwise), excluding 56 such jurisdiction's conflict-of-law provisions. Any litigation relating to this Licence shall be 57 subject to the jurisdiction of the courts located in the jurisdiction and venue specified in a 58 notice contained within the Original Software, with the losing party responsible for costs, including, 59 without limitation, court costs and reasonable attorneys' fees and expenses. The application of the 60 United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. 61 with the following text: 62 This Licence shall be governed by the law of the jurisdiction specified in a notice contained within 63 the Original Software (except to the extent applicable law, if any, provides otherwise), excluding 64 such jurisdiction's conflict-of-law provisions. The application of the United Nations Convention 65 on Contracts for the International Sale of Goods is not limited by this section. Should there be no 66 jurisdiction notice included with the Original Software, or should it be waived by the initial 67 developer(s), You may opt that the licence be governed under the law of the jurisdiction in which 68 You reside. 69 70 Appendix 6a. 71 In October 2022, Section 9 was changed from 72 This Licence shall be governed by the law of the jurisdiction specified in a notice contained within 73 the Original Software (except to the extent applicable law, if any, provides otherwise), INCLUDING 74 such jurisdiction's conflict-of-law provisions. The application of the United Nations Convention 75 on Contracts for the International Sale of Goods is not limited by this section. Should there be no 76 jurisdiction notice included with the Original Software, or should it be waived by the initial 77 developer(s), You may opt that the licence be governed under the law of the jurisdiction in which 78 You reside. 79 to 80 This Licence shall be governed by the law of the jurisdiction specified in a notice contained within 81 the Original Software (except to the extent applicable law, if any, provides otherwise), excluding 82 such jurisdiction's conflict-of-law provisions. The application of the United Nations Convention 83 on Contracts for the International Sale of Goods is not limited by this section. Should there be no 84 jurisdiction notice included with the Original Software, or should it be waived by the initial 85 developer(s), You may opt that the licence be governed under the law of the jurisdiction in which 86 You reside. 87 That makes version 0.2 of the Licence. 88 89 Appendix 7. 90 USL changes Section 1.10 to add: 91 , or other covered works, 92 after the words 93 "computer software code." 94 95 The USL, as amended, is reproduced below. 96 97 This is the Umbrellix Software Licence (USL), version 0.2. 98 This is NOT the COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 on which it is based. 99 100 1. Definitions. 101 102 1.1. "Contributor" means each individual or entity that creates or contributes to the creation of Modifications. 103 104 1.2. "Contributor Version" means the combination of the Original Software, prior Modifications used by a Contributor (if any), and the Modifications made by that particular Contributor. 105 106 1.3. "Covered Software" means (a) the Original Software, or (b) Modifications, or (c) the combination of files containing Original Software with files containing Modifications, in each case including portions thereof. 107 108 1.4. "Executable" means the Covered Software in any form other than Source Code. In the case of Covered Software which is not software, the Executable is the final form in which the Covered Software is intended to be consumed. (Non-legal readers: think of a releasable piece of music, regardless of how it's encoded) 109 110 1.5. "Initial Developer" means the individual or entity that first makes Original Software available under this License. 111 112 1.6. "Larger Work" means a work which combines Covered Software or portions thereof with code not governed by the terms of this License. 113 114 1.7. "License" means this document. 115 116 1.8. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein. 117 118 1.9. "Modifications" means the Source Code and Executable form of any of the following: 119 120 A. Any file that results from an addition to, deletion from or modification of the contents of a file containing Original Software or previous Modifications; 121 122 B. Any new file that contains any part of the Original Software or previous Modification; or 123 124 C. Any new file that is contributed or otherwise made available under the terms of this License. 125 126 1.10. "Original Software" means the Source Code and Executable form of computer software code, or other covered works, that is originally released under this License. 127 128 1.11. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor. 129 130 1.12. "Source Code" means (a) the common form of computer software code in which modifications are made and (b) associated documentation included in or with such code. In the case of Covered Software which is not software, the Source Code is the data from which the Executable is generated. (Non-legal readers: think of a piano roll in a DAW.) 131 132 1.13. "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity. 133 134 2. License Grants. 135 136 2.1. The Initial Developer Grant. 137 138 Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, the Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license: 139 140 (a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer, to use, reproduce, modify, display, perform, sublicense and distribute the Original Software (or portions thereof), with or without Modifications, and/or as part of a Larger Work; and 141 142 (b) under Patent Claims infringed by the making, using or selling of Original Software, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Software (or portions thereof). 143 144 (c) The licenses granted in Sections 2.1(a) and (b) are effective on the date Initial Developer first distributes or otherwise makes the Original Software available to a third party under the terms of this License. 145 146 (d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1) for code that You delete from the Original Software, or (2) for infringements caused by: (i) the modification of the Original Software, or (ii) the combination of the Original Software with other software or devices. 147 148 2.2. Contributor Grant. 149 150 Conditioned upon Your compliance with Section 3.1 below and 151 subject to third party intellectual property claims, each 152 Contributor hereby grants You a world-wide, royalty-free, 153 non-exclusive license: 154 155 (a) under intellectual property rights (other than patent or trademark) Licensable by Contributor to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof), either on an unmodified basis, with other Modifications, as Covered Software and/or as part of a Larger Work; and 156 157 (b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: (1) Modifications made by that Contributor (or portions thereof); and (2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination). 158 159 (c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first distributes or otherwise makes the Modifications available to a third party. 160 (d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1) for any code that Contributor has deleted from the Contributor Version; (2) for infringements caused by: (i) third party modifications of Contributor Version, or (ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or (3) under Patent Claims infringed by Covered Software in the absence of Modifications made by that Contributor. 161 162 3. Distribution Obligations. 163 164 3.1. Availability of Source Code. 165 166 Any Covered Software that You distribute or otherwise make available in Executable form must also be made available in Source Code form and that Source Code form must be distributed only under the terms of this License. You must include a copy of this License with every copy of the Source Code form of the Covered Software You distribute or otherwise make available. You must inform recipients of any such Covered Software in Executable form as to how they can obtain such Covered Software in Source Code form in a reasonable manner on or through a medium customarily used for software exchange. 167 168 3.2. Modifications. 169 170 The Modifications that You create or to which You contribute are governed by the terms of this License. You represent that You believe Your Modifications are Your original creation(s) and/or You have sufficient rights to grant the rights conveyed by this License. 171 172 3.3. Required Notices. 173 174 You must include a notice in each of Your Modifications that identifies You as the Contributor of the Modification. You may not remove or alter any copyright, patent or trademark notices contained within the Covered Software, or any notices of licensing or any descriptive text giving attribution to any Contributor or the Initial Developer. 175 176 3.4. Application of Additional Terms. 177 178 You may not offer or impose any terms on any Covered Software in Source Code form that alters or restricts the applicable version of this License or the recipients' rights hereunder. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, you may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer. 179 180 3.5. Distribution of Executable Versions. 181 182 You may distribute the Executable form of the Covered Software under the terms of this License or under the terms of a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable form does not attempt to limit or alter the recipient's rights in the Source Code form from the rights set forth in this License. If You distribute the Covered Software in Executable form under a different license, You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer. 183 184 3.6. Larger Works. 185 186 You may create a Larger Work by combining Covered Software with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Software. 187 188 4. Versions of the License. 189 190 4.1. New Versions. 191 192 Ellenor Agnes Bjornsdottir, or any person, natural or legal, she may with notice to initial licencees assign the status to, is the licence steward and may, from time to time, publish revised and/or new 193 versions of this licence. Each version will be given a distinguishing version number, which may be a commit number from a version control system. This licence may be modified solely as provided by section 4.3. 194 195 (In the original text, this section had read as follows: Sun Microsystems, Inc. is the initial license steward and may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Except as provided in Section 4.3, no one other than the license steward has the right to modify this License.) 196 197 4.2. Effect of New Versions. 198 199 You may always continue to use, distribute or otherwise make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. If the Initial Developer includes a notice in the Original Software prohibiting it from being distributed or otherwise made available under any subsequent version of the License, You must distribute and make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. Otherwise, You may also choose to use, distribute or otherwise make the Covered Software available under the terms of any subsequent version of the License published by the license steward. 200 201 4.3. Modified Versions. 202 203 4.3.1. Modified Versions. 204 205 When You are an Initial Developer and You want to create a new license for Your Original Software, You may create and use a modified version of this License if You: (a) rename the license and remove any references to the name of the license steward (except to note that the license differs from this License); and (b) otherwise make it clear that the license contains terms which differ from this License. 206 207 4.3.2. This licence is not the Sun CDDL 208 209 The terms of the USL are not those of the CDDL as published by Sun Microsystems, Inc. and its heirs, assigns and successors. The terms of the USL are substantively different from the CDDL's, and combination of the two licences in a larger work may result in a work that is not distributable. 210 211 5. DISCLAIMER OF WARRANTY. 212 213 COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 214 215 6. TERMINATION. 216 217 6.1. Termination upon violation, resumption upon cure 218 219 6.1.1. Termination upon violation 220 221 This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive. 222 223 6.1.2. Resumption upon cure 224 225 This licence, and the rights previously granted under this licence, will resume automatically should You wholly cure a breach of the licence that results in termination under section 6.1.1. You remain liable for damages incurred by the initial developer or any contributor as a result of the breach. 226 227 6.2. If You assert a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You assert such claim is referred to as "Participant") alleging that the Participant Software (meaning the Contributor Version where the Participant is a Contributor or the Original Software where the Participant is the Initial Developer) directly or indirectly infringes any patent, then any and all rights granted directly or indirectly to You by such Participant, the Initial Developer (if the Initial Developer is not the Participant) and all Contributors under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively and automatically at the expiration of such 60 day notice period, unless if within such 60 day period You withdraw Your claim with respect to the Participant Software against such Participant either unilaterally or pursuant to a written agreement with Participant. 228 229 6.3. In the event of termination under Sections 6.1 or 6.2 above, all end user licenses that have been validly granted by You or any distributor hereunder prior to termination (excluding licenses granted to You by any distributor) shall survive termination. 230 231 7. LIMITATION OF LIABILITY. 232 233 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 234 235 8. U.S. GOVERNMENT END USERS. 236 237 The Covered Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" (as that term is defined at 48 C.F.R. ยค 252.227-7014(a)(1)) and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Software with only those rights set forth herein. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or provision that addresses Government rights in computer software under this License. 238 239 9. MISCELLANEOUS. 240 241 This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. 242 243 This Licence shall be governed by the law of the jurisdiction specified in a notice contained within the Original Software (except to the extent applicable law, if any, provides otherwise), excluding such jurisdiction's conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is not limited by this section. Should there be no jurisdiction notice included with the Original Software, or should it be waived by the initial developer(s), You may opt that the licence be governed under the law of the jurisdiction in which You reside. 244 245 Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License. You agree that You alone are responsible for compliance with the United States export administration regulations (and the export control laws and regulation of any other countries) when You use, distribute or otherwise make available any Covered Software. 246 247 10. RESPONSIBILITY FOR CLAIMS. 248 249 As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.