CLOUDSTORE

 

GET CONSOLE – PRIVATE SERVER STANDARD TERMS AND CONDITIONS 

 

WARNING!  PLEASE READ THESE STANDARD TERMS AND CONDITIONS CAREFULLY BEFORE CLICKING THE “I ACCEPT” BOX OR INSTALLING THE SOFTWARE. 

 

BY CLICKING “I ACCEPT” OR INSTALLING SOFTWARE YOU ARE:

 

• AGREEING TO THESE STANDARD TERMS AND CONDITIONS ON BEHALF OF THE CUSTOMER YOU NAMED IN THE SHOPPING CART OR ACCOUNT REGISTRATION FORM (“CUSTOMER”);

 

• BINDING THE CUSTOMER TO THESE STANDARD TERMS AND CONDITIONS; AND

 

• WARRANTING THAT YOU PERSONALLY HAVE THE AUTHORITY TO BIND THE CUSTOMER TO THESE STANDARD TERMS AND CONDITIONS.

 

IF YOU OR THE CUSTOMER DO NOT AGREE WITH ANY OF THESE STANDARD TERMS AND CONDITIONS, OR YOU DO NOT HAVE THE AUTHORITY TO BIND THE CUSTOMER, YOU MUST NOT CLICK “I ACCEPT”. YOU AND THE CUSTOMER MUST NOT INSTALL OR USE THE SOFTWARE AND YOU SHOULD CONTACT CLOUDSTORE LIMITED AT SALES@GET-CONSOLE.COM  TO DISCUSS OTHER LICENSING OPTIONS.

 

 

1          ACKNOWLEDGEMENT

1.1   The Customer acknowledges that:

 

(a)        the supply of the Goods and the Software by Cloudstore to the Customer is subject to, and shall be governed by, these Standard Terms; and

 

(b)        these Standard Terms shall apply to the exclusion of any other terms and conditions that may appear on any purchase order or other document of the Customer from time to time.

 

2          DEFINITIONS

2.1       In this Agreement:

 

“Agreement” means the shopping cart order form completed by or on behalf of the Customer as part of the online ordering process and these Standard Terms (as updated by Cloudstore from time to time);

 

“App” means the Get Console software application made generally available by Cloudstore on the Apple AppStore and by other means;

 

“Authorised Personnel” means those of the Customer’s employees and contractors who have a need to use the Software for the Customer’s internal business purposes;   

 

“CAL” or “Client Access Licence” means an authorisation to remotely access the Software that is unique to a specific Device;

 

“Customer” has the meaning given to that term in the Warning at the top of this Agreement;

 

“Customer Provided Resources” means, at a minimum, the IT resources described as the “Minimum Requirements” for Get Console Private Server in the current version of the Get-Console user manual;

 

“Data” means all data, information or software that is transmitted by the Customer, or any other person on the Customer’s behalf (except for Cloudstore) using the App or the Software;

 

“Documentation” means user manuals, operating guides, specifications and other printed or electronic materials officially published by Cloudstore from time to time and relating to the App, the Software or the Goods;

 

“Fees” means the fees and shipping charges applicable to the Goods and the Software ordered by or on behalf of the Customer;

 

“Goods” means the goods ordered in the Shopping Cart;

 

“Devices” means any hardware upon which the App is properly installed, including (without limitation) any Apple iPhone or iPad, provided that version of the hardware is currently supported by Cloudstore;

 

“Intellectual Property Rights” means all industrial and intellectual property rights whether conferred by statute, at common law or in equity, including, but not limited to, all copyright and similar rights that may subsist or may hereafter subsist in works or other subject matter, rights in relation to inventions (including all patents and patent applications), trade secrets and know-how, rights in relation to designs (whether or not registrable), rights in relation to semi-conductor topographies and integrated circuit layouts, rights in relation to databases, rights in relation to registered and unregistered trade marks, business names and rights in relation to domain names;

 

“Major Release” means any major update, new release or functionality additions to the Software released by Cloudstore as denoted by a change in the variable “X” in the version notation “version X.y”; 

 

“Minor Update” means any minor update, bug fix or change to the Software released by Cloudstore as denoted by a change in the variable “y” in the version notation “version X.y”; 

 

“Open Source Software” means the following open source software that is provided with the Software:

 

(a)        Centos operating system;

(b)        Apache;

(c)        Tomcat;

(d)        Java;

(e)        log4j; and

(f)         MySQL;

 

“Premium Support Agreement” means the premium support services agreement (if any) entered into by Customer and Cloudstore in relation to increased levels of support and maintenance, and access to Major Releases of the Software;

 

“Shopping Cart” means the online shopping cart used by or on behalf of the Customer to order Goods and Software from Cloudstore;

 

“Software” means the computer software product in machine readable object code form known as “Get Console Private Server” in the version specified in the Schedule to this Agreement, but excluding the Open Source Software;

 

“Term” means:

(a)        in the case of a perpetual licence, the period of 25 years from the date the Customer pays the Fees in full; ; and

(b)        in the case of a yearly licence, the period of 1 year from the date the Customer pays the Fees in full;

 

“Total CALs” means the total number of CALs that the Customer is authorised to use with the Software at the relevant time; and

 

“Virtual Server” means a physical server meeting the minumum requirements and specifications as defined by VMWare in the VMWare Hardware Compatibility List current at the time the Customer downloads the Software, running VMWare vSphere version 4.0 or later hypervisor operating system; and

 

“VMWare Hardware Compatibility List” means a list of physical servers meeting VMWare requirements for installing the vSphere hypervisor operating system. This list is maintained by VMWare and generally available at the web address: http://www.vmware.com/resources/compatibility

 

 

3          LICENCE OF SOFTWARE AND SUPPLY OF GOODS

3.1       Immediately upon payment of the Fees in full, Cloudstore grants to the Customer and the Customer accepts for the Term, a limited, non-exclusive, non-sublicensable, non-transferable licence to:

(a)        install and use the Software on up to eight Virtual Servers controlled exclusively by the Customer;

(b)        permit its Authorised Personnel to remotely access the Software using Devices for which a CAL has been purchased by the Customer; and

(c)        permit its Authorised Personnel to use the Documentation,

 

solely for Customer internal business purposes, subject to the provisions of this Agreement.

 

3.2       The Software is provided with the Open Source Software.  The Open Source Software is licensed to the Customer on the following separate and different license terms:

(a)        Centos operating system and MySQL – are licensed to the Customer on the terms of the GNU General Public Licence version 2, a copy of which is in Annex A; and

 

(b)        Apache, Tomcat, JAVA and log4j – are licensed to the Customer on the terms of the Apache Licence version 2.0,   a copy of which is in Annex B.

 

3.3       As required by the terms of GNU General Public Licence version 2, Cloudstore offers to provide the source code of the Centos operating system and MySQL software provided to the Customer by FTP download at no charge.  Notwithstanding the Term, this offer is open for acceptance by the Customer for a period of three years from the date that the Customer downloads the Software.

 

3.4       The Customer will limit access to the App, the Software and Documentation solely to Authorised Personnel.  The Customer will be liable for all acts or omissions of such Authorised Personnel as if they were the acts or omissions of the Customer.

 

3.5       Cloudstore will ship the Goods by the delivery method selected by the Customer in the Shopping Cart to the delivery address specified by the Customer in the Shopping Cart.  Cloudstore will pay for such shipping , however, the Customer will be responsible for arranging and paying for any insurances, custom clearances, import duties, taxes costs and charges associated with clearing the Goods at any border for delivery to the Customer, if applicable. 

 

3.6       In the event of an alleged shortfall in any Goods delivered, the Customer will submit a written claim to Cloudstore within seven days of the date of receipt by the Customer.  In the absence of such a written claim from the Customer, the Goods will be deemed to have been supplied in accordance with these Standard Terms.  In no event will the Customer be entitled to refuse to accept any order by reason only of a shortfall.

 

3.7       Title and risk in the Goods will pass to the Customer once Cloudstore provides them to the courier described in the delivery method selected by the Customer in the Shopping Cart . 

 

 

4          PAYMENT

4.1       In consideration of the supply of Software, Open Source Software and the Goods under this Agreement, the Customer will pay the Fees in full by credit card through the online payment gateway on the Cloudstore website.  All amounts due to Cloudstore under this Agreement:

(a)        will be paid in United States dollars;

(b)        are exclusive of any value added tax, sales taxes, GST or any other governmental duties, levies or taxes relating to the Software, the Documentation or this Agreement which, where applicable, will be payable by the Customer in addition; and

(c)        will be non-refundable, except as required under any applicable law.

  

 

5          OTHER CUSTOMER OBLIGATIONS

5.1       The Customer will not attempt to access or use the Software with a total number of Devices that exceed the Total CALs, purchased by that Customer.

 

5.2       The Customer will:

(a)        obtain and commission the Customer Provided Resources to enable the proper installation and operation of the Software and the Open Source Software;

(b)        be solely responsible for the use of, access to and supervision, management and control of the Software, the App, the Documentation and all copies of them;

(c)        retain the Software, the App and the Documentation and all copies of them, under its effective control;

(d)        effectively protect the Software, the App and the Documentation and all copies of them, at all times from misuse, damage, theft, destruction or any form of unauthorised use or access, including by implementing effective and appropriate security measures;

(e)        keep all login information, user names, session codes and passwords secret and secure;

(f)         immediately notify Cloudstore of any suspected breach of security or unauthorised use of login information, user names, session code or passwords;

(g)        fully co-operate and provide all assistance requested by Cloudstore to enable Cloudstore to provide any technical support and to investigate and manage any security breaches relating to the App or the Software;

(h)        use the App, the Software and the Goods strictly in accordance with the Documentation; and

(i)         be responsible for all back-ups of Data.

 

5.3       The Customer warrants that it:

(a)        provided complete, accurate and current information when requesting a licence of the Software and the supply of the Goods;

(b)        is acquiring the App, Software and Documentation for the purpose of a business;

(c)        has obtained all necessary permissions, consents and authorisations to use the Data, the App, the Software and the Open Source Software for the purposes to which the Customer puts them, including (without limitation) from any persons to whom the Customer is providing or receiving services, where those services involve the App, the Goods, the Software, the Open Source Software or the Virtual Server upon which the Software is installed;

(d)        has satisfied itself that the App, the Goods, the Software, the Open Source Software and the Documentation are suitable for the purpose to which the Customer puts them.

 

5.4       The Customer must not:

(a)        translate, decompile, reverse engineer, reverse compile, reverse assemble or in any manner attempt to derive the source code of the Software, the App or any part of them, or directly or indirectly allow or cause a third party to do so, except to the extent expressly as expressly authorised by Cloudstore in writing, or as permitted under applicable law;

(b)        modify, adapt, vary, customise, enhance or alter the App or the Software, create derivative works based on the App or the Software or merge all or any part of the App or the Software with any other software except as expressly authorised by Cloudstore in writing, or as expressly permitted under applicable law;

(c)        copy the Software (or any part of it) by any means or in any form except that the Customer may make one copy of the Software for backup purposes;

(d)        copy the Documentation (or any part thereof) except as reasonably necessary for its internal business purposes;

(e)        disclose or publish the App, the Software or Documentation (or any part thereof) to any third person, except as permitted under clause 3.2;

(f)         permit access or use of the App, the Software or Documentation (or any part of them) to any third person, except as permitted under clause 3.2;

(g)        sell, sub-licence, rent, lease, share or otherwise distribute the App, Software or Documentation (or any part of themf) to any third person, except as expressly authorised by Cloudstore in writing;

(h)        attempt to devise alternate software that eliminates the need for the Software; or

(i)         attempt to defeat or circumvent any hardware or software lock or licence key or code provided with, or incorporated within, the App or the Software; or

(j)         use the App, the Goods or the Software for any illegal activities or to transmit:

(i)         any virus, trojan horse or other file, code or software that may damage another person’s hardware, software or systems or may used or access the resources of another person’s hardware, software or systems without their express knowledge or consent; or

(ii)        any Data that may be offensive, illegal, defamatory or that the Customer does not have the legal right to use or transmit.

 

5.5       The Customer acknowledges that any breach of clauses 5.1 to 5.4 of this Agreement may cause Cloudstore irreparable harm for which damages would not be an adequate remedy.  In addition to any other remedy available to it, Cloudstore may seek equitable relief (including injunctive relief or specific performance) against any breach or threatened breach of clauses 5.1 to 5.4 by the Customer.

 

5.6       Cloudstore will provide the App, the Software and Documentation in the English language only. The Customer will be responsible for any translation of the App, the Software or Documentation into any other language.

 

6.         INTELLECTUAL PROPERTY RIGHTS / CONFIDENTIALITY

6.1       The Customer acknowledges that:

(a)        all Intellectual Property Rights in and to the App, Software and the Documentation (“Cloudstore IPR”) are exclusively owned by Cloudstore (or its licensors);

(b)        the App, the Software and Documentation is and contains valuable, confidential and proprietary information of Cloudstore; and

(c)        no licence, right or other interest in the App, the Software, Documentation or Cloudstore IPR is granted to the Customer, except as expressly stated in this Agreement or any other binding written agreement between Cloudstore and the Customer; and

(d)        all copies of the Software or Documentation (or any part of them) will be owned solely by Cloudstore at all times and will be subject to the terms of this Agreement.

 

6.2       The Customer will not:

(a)        during or at any time after the termination or expiry of this Agreement in any way challenge or dispute the ownership by Cloudstore of the App, the Software or the Documentation or any of the Cloudstore IPR; or

(b)        remove, deface or obscure any notices provided on, with or in the App, the Software or the Documentation as to the ownership of them by Cloudstore.

 

6.3       The Customer will ensure that any copy of the App, the Software, Documentation or part of them made under this Agreement bears a notice stating that:

(a)        the Cloudstore IPR is owned by Cloudstore; and

(b)        the App, the Software and the Documentation are and contain valuable, confidential and proprietary information of Cloudstore.

 

6.4       All improvements, modifications, customisations, enhancements or developments in or to the App, the Software and/or the Documentation made by the Customer (“Improvements”) and all Intellectual Property Rights in and to them, will be exclusively owned by Cloudstore. 

 

6.5       Where necessary, the Customer must execute all documents and do all things necessary to vest legal ownership of the Intellectual Property Rights in such Improvements in Cloudstore or its nominee.

 

7.         TERM AND TERMINATION

7.1       This Agreement (and the licence granted under it) will commence on the earlier of:

(a)        the date the “I ACCEPT” button is clicked by or on behlf of the Customer; and

(b)        the date the Software is first downloaded by or on behalf of the Customer,

and continue in full force and effect for the Term, unless it is terminated earlier under this clause 7 and clause 10.4.  For the avoidance of doubt, each CAL will expire upon termination or expiry of this Agreement regardless of when that CAL was first activated by Cloudstore.

 

7.2       Cloudstore may terminate this Agreement, and the licence granted under it, at any time if the Customer:

(a)        fails to comply with any of the terms of this Agreement; or

(b)        being a company or body corporate:

(i)         ceases or threatens to cease to carry on all or substantially all of its business or operations, is declared or becomes bankrupt or insolvent, is unable to pay its debts as they fall due, enters into a general assignment of its indebtedness or a scheme of arrangement or composition with its creditors, or takes or suffers any similar or analogous action in consequence of debt; or

(ii)        has a trustee, manager, administrator, administrative receiver, receiver, inspector under any other legislation or similar officer appointed in respect of the whole or any part of the other party’s assets or business, or has an order made or a resolution passed for the liquidation of the other party (other than voluntarily for the purpose of a solvent amalgamation or reconstruction).

         

7.3       Upon termination or expiry of this Agreement for any reason whatsoever:

(a)        the Customer will immediately stop using the Software and the Documentation;

(b)        the Customer will at its own cost and expense, but at Cloudstore’s option:

(i)         return to Cloudstore; or

(ii)        destroy,

all copies of the Software or Documentation that are in the Customer’s possession or control;

(c)        the provisions of clauses 3.2, 3.3, 3.4, 3.6, 3.7, 4, 5, 6, 7, 8.1, 8.2, 8.6, 8.7, 8.8, 8.9, 8.10 and 10 and any other clauses intended to survive termination or expiry of this Agreement, together with those other provisions of this Agreement that are incidental to, and are required to give effect to those clauses, will remain in full force and effect; and

(d)        subject to clause 7.3(c), and except for any rights or remedies that have accrued before termination or expiry, including for any prior breach of this Agreement, neither party will be under any further obligation to the other party.

 

8.         WARRANTY AND SUPPORT

8.1       The Customer acknowledges that the App, the Goods, the Software and Documentation are provided “as is” and Cloudstore gives no warranties, representations or undertakings in relation to the App, the Goods, the Software or Documentation, either express or implied, and in particular, but without limitation, Cloudstore does not warrant or represent that the App, the Software or Documentation:

(a)        is of merchantable or acceptable quality;

(b)        is fit for any particular purpose;

(c)        is error free;

(d)        does not infringe Intellectual Property Rights of a third party;

(e)        will meet the requirements of the Customer; or

(f)         is compatible with any other software, hardware, telephony or IT system, except those expressly described as being supported in Cloudstore’s then current Documentation.  

 

8.2       The Customer acknowledges:

(a)        it has conducted due diligence on the App, the Software, the Goods and the Documentation and has satisfied itself as to the quality and utility of them; and

(b)        all statements, technical information and recommendations about the App, the Software and the Goods are believed to be reliable, but do not constitute a guarantee or warranty.

 

8.3       Cloudstore will provide the following support (“Community Support”) at no additional charge to the Customer:

(a)        access to Cloudstore’s online support forum;

(b)        an email response to defects, errors or faults in the Software reported by email within 2 business days in most cases; and

(c)        access to Minor Updates to the Software.

 

8.4       The Customer acknowledges that Community Support does not include telephone or on-site support, assistance with installation or configuration of the App, the Goods, the Software or the Open Source Software, or access to Major Releases.  The Customer acknowledges that if it requires a greater level of support or access to Major Releases, it may obtain them by entering into a Premium Support Agreement with Cloudstore.

 

8.5       Despite clause 8.4, the Customer acknowledges that:

(a)        any Minor Update, Major Release or other patch, bug-fix, upgrade, new versions or other update of the Software provided or made available to the Customer by Cloudstore, whether via the Apple AppStore or otherwise will be deemed to form part of the Software upon installation by the Customer and will be subject to the terms and conditions of this Agreement; and

(b)        Cloudstore will only support the 3 most current versions or releases of the Software as shown by changes in the variable “X” in the version notation “version X.y” and that it is the Customer’s responsibility to update the Software to a supported version if that version required by the Customer.

 

8.6       In no event will Cloudstore be liable (whether in contract, tort, negligence, or in any other way) to the Customer for any:

(a)        loss of profits or savings, loss of goodwill or opportunity, loss of production, loss of expected benefits, loss or corruption of data, wasted management or staff time; or 

(b)        loss, damage, cost or expense of any kind whatsoever that is indirect, consequential, or of a special nature,

arising directly or indirectly from the use of the App, the Goods, the Software or Documentation even if Cloudstore had been advised of the possibility of such damages or if such damages were reasonably foreseeable by Cloudstore.

 

8.7       In the event that the above exclusions or limitation of liability are held to be invalid in whole or in part, then to the maximum extent permitted by applicable law, Cloudstore’s total liability to the Customer under any claim or claims of whatever nature arising directly or indirectly from the use of the App, the Software or Documentation or in relation to this Agreement will not exceed the sum of USD$100.00.

 

8.8       None of the exclusions or limitations set out in this Agreement will have the effect of limiting or excluding any form of liability to the extent that such liability cannot be so limited or excluded under applicable law.

 

8.9       The Customer may not bring any proceedings or make any claims relating to:

(a)        the App, the Goods, the Software or the Documentation;

(b)        any act or omission of Cloudstore; or

(c)        any breach by Cloudstore of this Agreement,

after the earlier of the following two dates:

(d)        the date falling one year after the Customer first became aware of the first relevant event giving rise to or forming the basis of its claim; and

(e)        the date of the expiry of the relevant limitation period under applicable law.

 

8.10     The Customer will indemnify and keep indemnified Cloudstore, its directors, employees, contractors, agents, affiliates and their personnel from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by any of them arising out of the Customer’s:

(a)        breach of this Agreement; and

(b)        negligent or fraudulent act or omission;

(c)        use of the App, the Goods, the Software, the Open Source Software or the Documentation.

 

9.         FORUMS AND FEEDBACK

9.1       Cloudstore reserves the right to amend or remove any feedback, posts to message boards, blogs or forums and any other information on Cloudstore’s websites for any reason, including (without limitation) where such information is defamatory, illegal, false or inappropriate.

 

9.2       The Customer must only use such feedback facilities, message boards, blogs and forums of Cloudstore’s websites for genuine comment on the App or the Software. The Customer must not use any of them to offer any goods or services for sale or hire, to advertise or market any products, or to send unsolicited email or communications.

 

10.       GENERAL

10.1     Cloudstore will not be liable to the Customer for any breach or failure to perform any of its obligations under this Agreement where such breach or failure is caused by war, civil commotion, hostility, act of terrorism, strike, lockout, other industrial act, weather phenomena or other act of God, governmental regulation or direction, or any other cause beyond the Cloudstore’s reasonable control, whether similar to any of the foregoing or not.

 

10.2     Neither party will make any press or other public announcement concerning any aspect of this Agreement without the prior written consent of the other party.  However, the Customer agrees that if requested by Cloudstore, the Customer will issue a press release to the media concerning this Agreement as soon as practicable after this Agreement has been signed.  Cloudstore will prepare such press release and the Customer will approve the content and wording of such press release, such approval not to be unreasonably withheld or delayed.  Additionally, the Customer will permit Cloudstore to name it as a customer on the Cloudstore’s website, in advertising materials and in presentations to prospective customers. 

 

10.3     This Agreement contains the entire agreement of the parties in relation to the Software and the Documentation and supersedes and replaces all prior understandings, communications and representations between the parties, whether oral or written.

 

10.4     These Standard Terms may be amended by Cloudstore from time to time.  Amendments will be effective on and from the date falling 30 days after the amendments are posted on Cloudstore’s website, but Cloudstore will try to give advance notice of any amendments to the Customer by email.  The Customer’s continued use of the Software after the 30 day period will constitute the Customer express acceptance of the amendments.  If the Customer is does not accept the amendments it may terminate this Agreement by giving written notice of termination to Cloudstore within the 30 day period.

 

10.5     The Customer may not assign, sub-license, sub-contract or transfer this Agreement, or its rights and obligations under it, to any other person without Cloudstore’s prior written consent.

 

10.6     If any part of this Agreement is held to be invalid, unenforceable or illegal for any reason, this Agreement will be deemed to be amended by the addition or deletion of wording necessary to remove the invalid, unenforceable or illegal part, but otherwise to retain the provisions of this Agreement to the maximum extent permissible under applicable law.

 

10.7     No failure or delay by Cloudstore to exercise any right or remedy under this Agreement will be construed or operate as a waiver of such right or remedy.  No single or partial exercise by Cloudstore of any right or remedy will preclude the further exercise of such right or remedy, nor prejudice Cloudstore’s right to take subsequent action.

 

10.8     Cloudstore has no obligations under or in relation to this Agreement to any person other than the Customer. This Agreement does not confer a benefit on any person who is not a party to this Agreement, except as provided in clause 8.10.

 

10.9     New Zealand law governs the formation, validity, construction and performance of this Agreement.  This Agreement is subject to the non-exclusive jurisdiction of the New Zealand courts, to which the parties submit.  For the avoidance of doubt, the United Nations Conventions for the International Sale of Goods will not apply to this Agreement.

 

ANNEX A

 

GNU GENERAL PUBLIC LICENSE

 

Version 3, 29 June 2007

 

Copyright © 2007 Free Software Foundation, Inc. <http://fsf.org/>

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

 

Preamble

 

The GNU General Public License is a free, copyleft license for software and other kinds of works.

 

The licenses for most software and other practical works are designed to take away your freedom to share and change the works. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change all versions of a program--to make sure it remains free software for all its users. We, the Free Software Foundation, use the GNU General Public License for most of our software; it applies also to any other work released this way by its authors. You can apply it to your programs, too.

 

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for them if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs, and that you know you can do these things.

 

To protect your rights, we need to prevent others from denying you these rights or asking you to surrender the rights. Therefore, you have certain responsibilities if you distribute copies of the software, or if you modify it: responsibilities to respect the freedom of others.

 

For example, if you distribute copies of such a program, whether gratis or for a fee, you must pass on to the recipients the same freedoms that you received. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.

 

Developers that use the GNU GPL protect your rights with two steps: (1) assert copyright on the software, and (2) offer you this License giving you legal permission to copy, distribute and/or modify it.

 

For the developers' and authors' protection, the GPL clearly explains that there is no warranty for this free software. For both users' and authors' sake, the GPL requires that modified versions be marked as changed, so that their problems will not be attributed erroneously to authors of previous versions.

 

Some devices are designed to deny users access to install or run modified versions of the software inside them, although the manufacturer can do so. This is fundamentally incompatible with the aim of protecting users' freedom to change the software. The systematic pattern of such abuse occurs in the area of products for individuals to use, which is precisely where it is most unacceptable. Therefore, we have designed this version of the GPL to prohibit the practice for those products. If such problems arise substantially in other domains, we stand ready to extend this provision to those domains in future versions of the GPL, as needed to protect the freedom of users.

 

Finally, every program is threatened constantly by software patents. States should not allow patents to restrict development and use of software on general-purpose computers, but in those that do, we wish to avoid the special danger that patents applied to a free program could make it effectively proprietary. To prevent this, the GPL assures that patents cannot be used to render the program non-free.

 

The precise terms and conditions for copying, distribution and modification follow.

 

TERMS AND CONDITIONS

 

0. Definitions.

 

“This License” refers to version 3 of the GNU General Public License.

 

“Copyright” also means copyright-like laws that apply to other kinds of works, such as semiconductor masks.

 

“The Program” refers to any copyrightable work licensed under this License. Each licensee is addressed as “you”. “Licensees” and “recipients” may be individuals or organizations.

 

To “modify” a work means to copy from or adapt all or part of the work in a fashion requiring copyright permission, other than the making of an exact copy. The resulting work is called a “modified version” of the earlier work or a work “based on” the earlier work.

 

A “covered work” means either the unmodified Program or a work based on the Program.

 

To “propagate” a work means to do anything with it that, without permission, would make you directly or secondarily liable for infringement under applicable copyright law, except executing it on a computer or modifying a private copy. Propagation includes copying, distribution (with or without modification), making available to the public, and in some countries other activities as well.

 

To “convey” a work means any kind of propagation that enables other parties to make or receive copies. Mere interaction with a user through a computer network, with no transfer of a copy, is not conveying.

 

An interactive user interface displays “Appropriate Legal Notices” to the extent that it includes a convenient and prominently visible feature that (1) displays an appropriate copyright notice, and (2) tells the user that there is no warranty for the work (except to the extent that warranties are provided), that licensees may convey the work under this License, and how to view a copy of this License. If the interface presents a list of user commands or options, such as a menu, a prominent item in the list meets this criterion.

 

1. Source Code.

 

The “source code” for a work means the preferred form of the work for making modifications to it. “Object code” means any non-source form of a work.

 

A “Standard Interface” means an interface that either is an official standard defined by a recognized standards body, or, in the case of interfaces specified for a particular programming language, one that is widely used among developers working in that language.

 

The “System Libraries” of an executable work include anything, other than the work as a whole, that (a) is included in the normal form of packaging a Major Component, but which is not part of that Major Component, and (b) serves only to enable use of the work with that Major Component, or to implement a Standard Interface for which an implementation is available to the public in source code form. A “Major Component”, in this context, means a major essential component (kernel, window system, and so on) of the specific operating system (if any) on which the executable work runs, or a compiler used to produce the work, or an object code interpreter used to run it.

 

The “Corresponding Source” for a work in object code form means all the source code needed to generate, install, and (for an executable work) run the object code and to modify the work, including scripts to control those activities. However, it does not include the work's System Libraries, or general-purpose tools or generally available free programs which are used unmodified in performing those activities but which are not part of the work. For example, Corresponding Source includes interface definition files associated with source files for the work, and the source code for shared libraries and dynamically linked subprograms that the work is specifically designed to require, such as by intimate data communication or control flow between those subprograms and other parts of the work.

 

The Corresponding Source need not include anything that users can regenerate automatically from other parts of the Corresponding Source.

 

The Corresponding Source for a work in source code form is that same work.

 

2. Basic Permissions.

 

All rights granted under this License are granted for the term of copyright on the Program, and are irrevocable provided the stated conditions are met. This License explicitly affirms your unlimited permission to run the unmodified Program. The output from running a covered work is covered by this License only if the output, given its content, constitutes a covered work. This License acknowledges your rights of fair use or other equivalent, as provided by copyright law.

 

You may make, run and propagate covered works that you do not convey, without conditions so long as your license otherwise remains in force. You may convey covered works to others for the sole purpose of having them make modifications exclusively for you, or provide you with facilities for running those works, provided that you comply with the terms of this License in conveying all material for which you do not control copyright. Those thus making or running the covered works for you must do so exclusively on your behalf, under your direction and control, on terms that prohibit them from making any copies of your copyrighted material outside their relationship with you.

 

Conveying under any other circumstances is permitted solely under the conditions stated below. Sublicensing is not allowed; section 10 makes it unnecessary.

 

3. Protecting Users' Legal Rights From Anti-Circumvention Law.

 

No covered work shall be deemed part of an effective technological measure under any applicable law fulfilling obligations under article 11 of the WIPO copyright treaty adopted on 20 December 1996, or similar laws prohibiting or restricting circumvention of such measures.

 

When you convey a covered work, you waive any legal power to forbid circumvention of technological measures to the extent such circumvention is effected by exercising rights under this License with respect to the covered work, and you disclaim any intention to limit operation or modification of the work as a means of enforcing, against the work's users, your or third parties' legal rights to forbid circumvention of technological measures.

 

4. Conveying Verbatim Copies.

 

You may convey verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice; keep intact all notices stating that this License and any non-permissive terms added in accord with section 7 apply to the code; keep intact all notices of the absence of any warranty; and give all recipients a copy of this License along with the Program.

 

You may charge any price or no price for each copy that you convey, and you may offer support or warranty protection for a fee.

 

5. Conveying Modified Source Versions.

 

You may convey a work based on the Program, or the modifications to produce it from the Program, in the form of source code under the terms of section 4, provided that you also meet all of these conditions:

 

• a) The work must carry prominent notices stating that you modified it, and giving a relevant date.
• b) The work must carry prominent notices stating that it is released under this License and any conditions added under section 7. This requirement modifies the requirement in section 4 to “keep intact all notices”.
• c) You must license the entire work, as a whole, under this License to anyone who comes into possession of a copy. This License will therefore apply, along with any applicable section 7 additional terms, to the whole of the work, and all its parts, regardless of how they are packaged. This License gives no permission to license the work in any other way, but it does not invalidate such permission if you have separately received it.
• d) If the work has interactive user interfaces, each must display Appropriate Legal Notices; however, if the Program has interactive interfaces that do not display Appropriate Legal Notices, your work need not make them do so.

A compilation of a covered work with other separate and independent works, which are not by their nature extensions of the covered work, and which are not combined with it such as to form a larger program, in or on a volume of a storage or distribution medium, is called an “aggregate” if the compilation and its resulting copyright are not used to limit the access or legal rights of the compilation's users beyond what the individual works permit. Inclusion of a covered work in an aggregate does not cause this License to apply to the other parts of the aggregate.

 

6. Conveying Non-Source Forms.

 

You may convey a covered work in object code form under the terms of sections 4 and 5, provided that you also convey the machine-readable Corresponding Source under the terms of this License, in one of these ways:

 

• a) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by the Corresponding Source fixed on a durable physical medium customarily used for software interchange.
• b) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by a written offer, valid for at least three years and valid for as long as you offer spare parts or customer support for that product model, to give anyone who possesses the object code either (1) a copy of the Corresponding Source for all the software in the product that is covered by this License, on a durable physical medium customarily used for software interchange, for a price no more than your reasonable cost of physically performing this conveying of source, or (2) access to copy the Corresponding Source from a network server at no charge.
• c) Convey individual copies of the object code with a copy of the written offer to provide the Corresponding Source. This alternative is allowed only occasionally and noncommercially, and only if you received the object code with such an offer, in accord with subsection 6b.
• d) Convey the object code by offering access from a designated place (gratis or for a charge), and offer equivalent access to the Corresponding Source in the same way through the same place at no further charge. You need not require recipients to copy the Corresponding Source along with the object code. If the place to copy the object code is a network server, the Corresponding Source may be on a different server (operated by you or a third party) that supports equivalent copying facilities, provided you maintain clear directions next to the object code saying where to find the Corresponding Source. Regardless of what server hosts the Corresponding Source, you remain obligated to ensure that it is available for as long as needed to satisfy these requirements.
• e) Convey the object code using peer-to-peer transmission, provided you inform other peers where the object code and Corresponding Source of the work are being offered to the general public at no charge under subsection 6d.

A separable portion of the object code, whose source code is excluded from the Corresponding Source as a System Library, need not be included in conveying the object code work.

 

A “User Product” is either (1) a “consumer product”, which means any tangible personal property which is normally used for personal, family, or household purposes, or (2) anything designed or sold for incorporation into a dwelling. In determining whether a product is a consumer product, doubtful cases shall be resolved in favor of coverage. For a particular product received by a particular user, “normally used” refers to a typical or common use of that class of product, regardless of the status of the particular user or of the way in which the particular user actually uses, or expects or is expected to use, the product. A product is a consumer product regardless of whether the product has substantial commercial, industrial or non-consumer uses, unless such uses represent the only significant mode of use of the product.

 

“Installation Information” for a User Product means any methods, procedures, authorization keys, or other information required to install and execute modified versions of a covered work in that User Product from a modified version of its Corresponding Source. The information must suffice to ensure that the continued functioning of the modified object code is in no case prevented or interfered with solely because modification has been made.

 

If you convey an object code work under this section in, or with, or specifically for use in, a User Product, and the conveying occurs as part of a transaction in which the right of possession and use of the User Product is transferred to the recipient in perpetuity or for a fixed term (regardless of how the transaction is characterized), the Corresponding Source conveyed under this section must be accompanied by the Installation Information. But this requirement does not apply if neither you nor any third party retains the ability to install modified object code on the User Product (for example, the work has been installed in ROM).

 

The requirement to provide Installation Information does not include a requirement to continue to provide support service, warranty, or updates for a work that has been modified or installed by the recipient, or for the User Product in which it has been modified or installed. Access to a network may be denied when the modification itself materially and adversely affects the operation of the network or violates the rules and protocols for communication across the network.

 

Corresponding Source conveyed, and Installation Information provided, in accord with this section must be in a format that is publicly documented (and with an implementation available to the public in source code form), and must require no special password or key for unpacking, reading or copying.

 

7. Additional Terms.

 

“Additional permissions” are terms that supplement the terms of this License by making exceptions from one or more of its conditions. Additional permissions that are applicable to the entire Program shall be treated as though they were included in this License, to the extent that they are valid under applicable law. If additional permissions apply only to part of the Program, that part may be used separately under those permissions, but the entire Program remains governed by this License without regard to the additional permissions.

 

When you convey a copy of a covered work, you may at your option remove any additional permissions from that copy, or from any part of it. (Additional permissions may be written to require their own removal in certain cases when you modify the work.) You may place additional permissions on material, added by you to a covered work, for which you have or can give appropriate copyright permission.

 

Notwithstanding any other provision of this License, for material you add to a covered work, you may (if authorized by the copyright holders of that material) supplement the terms of this License with terms:

 

• a) Disclaiming warranty or limiting liability differently from the terms of sections 15 and 16 of this License; or
• b) Requiring preservation of specified reasonable legal notices or author attributions in that material or in the Appropriate Legal Notices displayed by works containing it; or
• c) Prohibiting misrepresentation of the origin of that material, or requiring that modified versions of such material be marked in reasonable ways as different from the original version; or
• d) Limiting the use for publicity purposes of names of licensors or authors of the material; or
• e) Declining to grant rights under trademark law for use of some trade names, trademarks, or service marks; or
• f) Requiring indemnification of licensors and authors of that material by anyone who conveys the material (or modified versions of it) with contractual assumptions of liability to the recipient, for any liability that these contractual assumptions directly impose on those licensors and authors.

 

All other non-permissive additional terms are considered “further restrictions” within the meaning of section 10. If the Program as you received it, or any part of it, contains a notice stating that it is governed by this License along with a term that is a further restriction, you may remove that term. If a license document contains a further restriction but permits relicensing or conveying under this License, you may add to a covered work material governed by the terms of that license document, provided that the further restriction does not survive such relicensing or conveying.

 

If you add terms to a covered work in accord with this section, you must place, in the relevant source files, a statement of the additional terms that apply to those files, or a notice indicating where to find the applicable terms.

 

Additional terms, permissive or non-permissive, may be stated in the form of a separately written license, or stated as exceptions; the above requirements apply either way.

 

8. Termination.

 

You may not propagate or modify a covered work except as expressly provided under this License. Any attempt otherwise to propagate or modify it is void, and will automatically terminate your rights under this License (including any patent licenses granted under the third paragraph of section 11).

 

However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation.

 

Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice.

 

Termination of your rights under this section does not terminate the licenses of parties who have received copies or rights from you under this License. If your rights have been terminated and not permanently reinstated, you do not qualify to receive new licenses for the same material under section 10.

 

9. Acceptance Not Required for Having Copies.

 

You are not required to accept this License in order to receive or run a copy of the Program. Ancillary propagation of a covered work occurring solely as a consequence of using peer-to-peer transmission to receive a copy likewise does not require acceptance. However, nothing other than this License grants you permission to propagate or modify any covered work. These actions infringe copyright if you do not accept this License. Therefore, by modifying or propagating a covered work, you indicate your acceptance of this License to do so.

 

10. Automatic Licensing of Downstream Recipients.

 

Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this License.

 

An “entity transaction” is a transaction transferring control of an organization, or substantially all assets of one, or subdividing an organization, or merging organizations. If propagation of a covered work results from an entity transaction, each party to that transaction who receives a copy of the work also receives whatever licenses to the work the party's predecessor in interest had or could give under the previous paragraph, plus a right to possession of the Corresponding Source of the work from the predecessor in interest, if the predecessor has it or can get it with reasonable efforts.

 

You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it.

 

11. Patents.

 

A “contributor” is a copyright holder who authorizes use under this License of the Program or a work on which the Program is based. The work thus licensed is called the contributor's “contributor version”.

 

A contributor's “essential patent claims” are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a consequence of further modification of the contributor version. For purposes of this definition, “control” includes the right to grant patent sublicenses in a manner consistent with the requirements of this License.

 

Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version.

 

In the following three paragraphs, a “patent license” is any express agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to sue for patent infringement). To “grant” such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party.

 

If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent license to downstream recipients. “Knowingly relying” means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid.

 

If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.

 

A patent license is “discriminatory” if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007.

 

Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law.

 

12. No Surrender of Others' Freedom.

 

If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot convey a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not convey it at all. For example, if you agree to terms that obligate you to collect a royalty for further conveying from those to whom you convey the Program, the only way you could satisfy both those terms and this License would be to refrain entirely from conveying the Program.

 

13. Use with the GNU Affero General Public License.

 

Notwithstanding any other provision of this License, you have permission to link or combine any covered work with a work licensed under version 3 of the GNU Affero General Public License into a single combined work, and to convey the resulting work. The terms of this License will continue to apply to the part which is the covered work, but the special requirements of the GNU Affero General Public License, section 13, concerning interaction through a network will apply to the combination as such.

 

14. Revised Versions of this License.

 

The Free Software Foundation may publish revised and/or new versions of the GNU General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

 

Each version is given a distinguishing version number. If the Program specifies that a certain numbered version of the GNU General Public License “or any later version” applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of the GNU General Public License, you may choose any version ever published by the Free Software Foundation.

 

If the Program specifies that a proxy can decide which future versions of the GNU General Public License can be used, that proxy's public statement of acceptance of a version permanently authorizes you to choose that version for the Program.

 

Later license versions may give you additional or different permissions. However, no additional obligations are imposed on any author or copyright holder as a result of your choosing to follow a later version.

 

15. Disclaimer of Warranty.

 

THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

 

16. Limitation of Liability.

 

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

17. Interpretation of Sections 15 and 16.

 

If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.

 

END OF TERMS AND CONDITIONS

 

How to Apply These Terms to Your New Programs

 

If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.

 

To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively state the exclusion of warranty; and each file should have at least the “copyright” line and a pointer to where the full notice is found.

 

    Copyright (C)   

    This program is free software: you can redistribute it and/or modify

    it under the terms of the GNU General Public License as published by

    the Free Software Foundation, either version 3 of the License, or

    (at your option) any later version.

    This program is distributed in the hope that it will be useful,

    but WITHOUT ANY WARRANTY; without even the implied warranty of

    MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the

    GNU General Public License for more details.

    You should have received a copy of the GNU General Public License

    along with this program.  If not, see <http://www.gnu.org/licenses/>.

Also add information on how to contact you by electronic and paper mail.

 

If the program does terminal interaction, make it output a short notice like this when it starts in an interactive mode:

 

      Copyright (C)   

    This program comes with ABSOLUTELY NO WARRANTY; for details type `show w'.

    This is free software, and you are welcome to redistribute it

    under certain conditions; type `show c' for details.

The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License. Of course, your program's commands might be different; for a GUI interface, you would use an “about box”.

 

You should also get your employer (if you work as a programmer) or school, if any, to sign a “copyright disclaimer” for the program, if necessary. For more information on this, and how to apply and follow the GNU GPL, see <http://www.gnu.org/licenses/>.

 

The GNU General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Lesser General Public License instead of this License. But first, please read <http://www.gnu.org/philosophy/why-not-lgpl.html>.

 

ANNEX B

 

Apache License

Version 2.0, January 2004

http://www.apache.org/licenses/

 

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

 

1. Definitions.

 

"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.

 

"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.

 

"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

 

"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.

 

"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.

 

"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.

 

"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).

 

"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

 

"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."

 

"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

 

2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.

 

3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.

 

4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:

 

1. You must give any other recipients of the Work or Derivative Works a copy of this License; and
2. You must cause any modified files to carry prominent notices stating that You changed the files; and
3. You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
4. If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.

5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.

 

6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.

 

7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.

 

8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.

 

9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.

 

END OF TERMS AND CONDITIONS

 

APPENDIX: How to apply the Apache License to your work

 

To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives.

 

   Copyright [yyyy] [name of copyright owner]

   Licensed under the Apache License, Version 2.0 (the "License");

   you may not use this file except in compliance with the License.

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       http://www.apache.org/licenses/LICENSE-2.0

   Unless required by applicable law or agreed to in writing, software

   distributed under the License is distributed on an "AS IS" BASIS,

   WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.

   See the License for the specific language governing permissions and

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