424 lines
20 KiB
Plaintext
424 lines
20 KiB
Plaintext
|
|
Nokia Open Source License (NOKOS
|
|
License) Version 1.0a
|
|
1. DEFINITIONS.
|
|
|
|
"Affiliates" of a party shall mean an entity
|
|
|
|
a) which is directly or indirectly controlling such party;
|
|
|
|
b) which is under the same direct or indirect ownership or control
|
|
as such party; or
|
|
|
|
c) which is directly or indirectly owned or controlled by such party.
|
|
|
|
For these purposes, an entity shall be treated as being controlled
|
|
by another if that other entity has fifty percent (50%) or more of the
|
|
votes in such entity, is able to direct its affairs and/or to control the
|
|
composition of its board of directors or equivalent body.
|
|
|
|
"Commercial Use" shall mean distribution or otherwise making
|
|
the Covered Software available to a third party.
|
|
|
|
``Contributor`` shall mean each entity that creates or contributes
|
|
to the creation of Modifications.
|
|
|
|
``Contributor Version`` shall mean in case of any Contributor
|
|
the combination of the Original Software, prior Modifications used by a
|
|
Contributor, and the Modifications made by that particular Contributor
|
|
and in case of Nokia in addition the Original Software in any form, including
|
|
the form as Exceutable.
|
|
|
|
``Covered Software`` shall mean the Original Software or Modifications
|
|
or the combination of the Original Software and Modifications, in each
|
|
case including portions thereof.
|
|
|
|
``Electronic Distribution Mechanism`` shall mean a mechanism
|
|
generally accepted in the software development community for the electronic
|
|
transfer of data.
|
|
|
|
``Executable`` shall mean Covered Software in any form other
|
|
than Source Code.
|
|
|
|
``Nokia`` shall mean Nokia Corporation and its Affiliates.
|
|
|
|
``Larger Work`` shall mean a work, which combines Covered Software
|
|
or portions thereof with code not governed by the terms of this License.
|
|
|
|
``License`` shall mean this document.
|
|
|
|
"Licensable" shall mean 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.
|
|
|
|
``Modifications`` shall mean any addition to or deletion from
|
|
the substance or structure of either the Original Software or any previous
|
|
Modifications. When Covered Software is released as a series of files,
|
|
a Modification is:
|
|
|
|
a) Any addition to or deletion from the contents of a file containing
|
|
Original Software or previous Modifications.
|
|
|
|
b) Any new file that contains any part of the Original Software or
|
|
previous Modifications.
|
|
|
|
``Original Software`` shall mean the Source Code of computer
|
|
software code which is described in the Source Code notice required by
|
|
Exhibit A as Original Software, and which, at the time of its release under
|
|
this License is not already Covered Software governed by this License.
|
|
|
|
"Patent Claims" shall mean any patent claim(s), now owned
|
|
or hereafter acquired, including without limitation, method, process, and
|
|
apparatus claims, in any patent Licensable by grantor.
|
|
|
|
``Source Code`` shall mean the preferred form of the Covered
|
|
Software for making modifications to it, including all modules it contains,
|
|
plus any associated interface definition files, scripts used to control
|
|
compilation and installation of an Executable, or source code differential
|
|
comparisons against either the Original Software or another well known,
|
|
available Covered Software of the Contributor`s choice. The Source Code
|
|
can be in a compressed or archival form, provided the appropriate decompression
|
|
or de-archiving software is widely available for no charge.
|
|
|
|
"You`` (or "Your") shall mean an individual or a legal
|
|
entity exercising rights under, and complying with all of the terms of,
|
|
this License or a future version of this License issued under Section 6.1.
|
|
For legal entities, "You`` includes Affiliates of such entity.
|
|
|
|
2. SOURCE CODE LICENSE.
|
|
|
|
2.1 Nokia Grant.
|
|
|
|
Subject to the terms of this License, Nokia hereby grants You a world-wide,
|
|
royalty-free, non-exclusive license, subject to third party intellectual
|
|
property claims:
|
|
|
|
a) under copyrights Licensable by Nokia 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;
|
|
|
|
b) and under Patents Claims necessarily 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).
|
|
|
|
c) The licenses granted in this Section 2.1(a) and (b) are effective
|
|
on the date Nokia first distributes Original Software under the terms of
|
|
this License.
|
|
|
|
d) Notwithstanding Section 2.1(b) above, no patent license is granted:
|
|
1) for code that You delete from the Original Software; 2) separate from
|
|
the Original Software; or 3) for infringements caused by: i) the modification
|
|
of the Original Software or ii) the combination of the Original Software
|
|
with other software or devices.
|
|
|
|
2.2 Contributor Grant.
|
|
|
|
Subject to the terms of this License and subject to third party intellectual
|
|
property claims, each Contributor hereby grants You a world-wide, royalty-free,
|
|
non-exclusive license
|
|
|
|
a) under copyrights 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
|
|
|
|
b) under Patent Claims necessarily 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).
|
|
|
|
c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective
|
|
on the date Contributor first makes Commercial Use of the Covered Software.
|
|
|
|
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) separate from the Contributor Version; 3) 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 4) under Patent Claims
|
|
infringed by Covered Software in the absence of Modifications made by that
|
|
Contributor.
|
|
|
|
3. DISTRIBUTION OBLIGATIONS.
|
|
|
|
3.1 Application of License.
|
|
|
|
|
|
The Modifications which You create or to which You contribute are governed
|
|
by the terms of this License, including without limitation Section 2.2.
|
|
The Source Code version of Covered Software may be distributed only under
|
|
the terms of this License or a future version of this License released
|
|
under Section 6.1, and You must include a copy of this License with every
|
|
copy of the Source Code You distribute. You may not offer or impose any
|
|
terms on any Source Code version that alters or restricts the applicable
|
|
version of this License or the recipients` rights hereunder. However, You
|
|
may include an additional document offering the additional rights described
|
|
in Section 3.5.
|
|
|
|
3.2 Availability of Source Code.
|
|
|
|
Any Modification which You create or to which You contribute must be
|
|
made available in Source Code form under the terms of this License either
|
|
on the same media as an Executable version or via an accepted Electronic
|
|
Distribution Mechanism to anyone to whom you made an Executable version
|
|
available; and if made available via Electronic Distribution Mechanism,
|
|
must remain available for at least twelve (12) months after the date it
|
|
initially became available, or at least six (6) months after a subsequent
|
|
version of that particular Modification has been made available to such
|
|
recipients. You are responsible for ensuring that the Source Code version
|
|
remains available even if the Electronic Distribution Mechanism is maintained
|
|
by a third party.
|
|
|
|
3.3 Description of Modifications.
|
|
|
|
You must cause all Covered Software to which You contribute to contain
|
|
a file documenting the changes You made to create that Covered Software
|
|
and the date of any change. You must include a prominent statement that
|
|
the Modification is derived, directly or indirectly, from Original Software
|
|
provided by Nokia and including the name of Nokia in (a) the Source Code,
|
|
and (b) in any notice in an Executable version or related documentation
|
|
in which You describe the origin or ownership of the Covered Software.
|
|
|
|
3.4 Intellectual Property Matters
|
|
|
|
(a) Third Party Claims.
|
|
|
|
If Contributor has knowledge that a license under a third party`s intellectual
|
|
property rights is required to exercise the rights granted by such Contributor
|
|
under Sections 2.1 or 2.2, Contributor must include a text file with the
|
|
Source Code distribution titled "LEGAL`` which describes the claim and
|
|
the party making the claim in sufficient detail that a recipient will know
|
|
whom to contact. If Contributor obtains such knowledge after the Modification
|
|
is made available as described in Section 3.2, Contributor shall promptly
|
|
modify the LEGAL file in all copies Contributor makes available thereafter
|
|
and shall take other steps (such as notifying appropriate mailing lists
|
|
or newsgroups) reasonably calculated to inform those who received the Covered
|
|
Software that new knowledge has been obtained.
|
|
|
|
(b) Contributor APIs.
|
|
|
|
If Contributor`s Modifications include an application programming interface
|
|
and Contributor has knowledge of patent licenses which are reasonably necessary
|
|
to implement that API, Contributor must also include this information in
|
|
the LEGAL file.
|
|
|
|
(c) Representations.
|
|
|
|
Contributor represents that, except as disclosed pursuant to Section
|
|
3.4(a) above, Contributor believes that Contributor`s Modifications are
|
|
Contributor`s original creation(s) and/or Contributor has sufficient rights
|
|
to grant the rights conveyed by this License.
|
|
|
|
3.5 Required Notices.
|
|
|
|
You must duplicate the notice in Exhibit A in each file of the Source
|
|
Code. If it is not possible to put such notice in a particular Source Code
|
|
file due to its structure, then You must include such notice in a location
|
|
(such as a relevant directory) where a user would be likely to look for
|
|
such a notice. If You created one or more Modification(s) You may add your
|
|
name as a Contributor to the notice described in Exhibit A. You must also
|
|
duplicate this License in any documentation for the Source Code where You
|
|
describe recipients` rights or ownership rights relating to Covered Software.
|
|
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 Nokia
|
|
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 Nokia and every Contributor for any liability
|
|
incurred by Nokia or such Contributor as a result of warranty, support,
|
|
indemnity or liability terms You offer.
|
|
|
|
3.6 Distribution of Executable Versions.
|
|
|
|
You may distribute Covered Software in Executable form only if the
|
|
requirements of Section 3.1-3.5 have been met for that Covered Software,
|
|
and if You include a notice stating that the Source Code version of the
|
|
Covered Software is available under the terms of this License, including
|
|
a description of how and where You have fulfilled the obligations of Section
|
|
3.2. The notice must be conspicuously included in any notice in an Executable
|
|
version, related documentation or collateral in which You describe recipients`
|
|
rights relating to the Covered Software. You may distribute the Executable
|
|
version of Covered Software or ownership rights under 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 version does not attempt to limit or alter the recipient`s
|
|
rights in the Source Code version from the rights set forth in this License.
|
|
If You distribute the Executable version 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 Nokia or any Contributor. You hereby agree
|
|
to indemnify Nokia and every Contributor for any liability incurred by
|
|
Nokia or such Contributor as a result of any such terms You offer.
|
|
|
|
3.7 Larger Works.
|
|
|
|
You may create a Larger Work by combining Covered Software with other
|
|
software 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.
|
|
|
|
4. INABILITY TO COMPLY DUE TO STATUTE OR REGULATION.
|
|
|
|
If it is impossible for You to comply with any of the terms of this
|
|
License with respect to some or all of the Covered Software due to statute,
|
|
judicial order, or regulation then You must: (a) comply with the terms
|
|
of this License to the maximum extent possible; and (b) describe the limitations
|
|
and the code they affect. Such description must be included in the LEGAL
|
|
file described in Section 3.4 and must be included with all distributions
|
|
of the Source Code.
|
|
|
|
Except to the extent prohibited by statute or regulation, such description
|
|
must be sufficiently detailed for a recipient of ordinary skill to be able
|
|
to understand it.
|
|
|
|
5. APPLICATION OF THIS LICENSE.
|
|
|
|
This License applies to code to which Nokia has attached the notice
|
|
in Exhibit A and to related Covered Software.
|
|
|
|
6. VERSIONS OF THE LICENSE.
|
|
|
|
|
|
6.1 New Versions.
|
|
|
|
Nokia may publish revised and/or new versions of the License from time
|
|
to time. Each version will be given a distinguishing version number.
|
|
|
|
6.2 Effect of New Versions.
|
|
|
|
Once Covered Software has been published under a particular version
|
|
of the License, You may always continue to use it under the terms of that
|
|
version. You may also choose to use such Covered Software under the terms
|
|
of any subsequent version of the License published by Nokia. No one other
|
|
than Nokia has the right to modify the terms applicable to Covered Software
|
|
created under this License.
|
|
|
|
7. DISCLAIMER OF WARRANTY.
|
|
|
|
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 NOKIA, ITS LICENSORS
|
|
OR AFFILIATES 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.
|
|
|
|
8. TERMINATION.
|
|
|
|
8.1 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. All sublicenses to the Covered
|
|
Software which are properly granted shall survive any termination of this
|
|
License. Provisions which, by their nature, must remain in effect beyond
|
|
the termination of this License shall survive.
|
|
|
|
8.2 If You initiate litigation by asserting a patent infringement claim
|
|
(excluding declatory judgment actions) against Nokia or a Contributor (Nokia
|
|
or Contributor against whom You file such action is referred to as "Participant")
|
|
alleging that:
|
|
|
|
a) such Participant`s Contributor Version directly or indirectly infringes
|
|
any patent, then any and all rights granted by such Participant to You
|
|
under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice
|
|
from Participant terminate prospectively, unless if within 60 days after
|
|
receipt of notice You either: (i) agree in writing to pay Participant a
|
|
mutually agreeable reasonable royalty for Your past and future use of Modifications
|
|
made by such Participant, or (ii) withdraw Your litigation claim with respect
|
|
to the Contributor Version against such Participant. If within 60 days
|
|
of notice, a reasonable royalty and payment arrangement are not mutually
|
|
agreed upon in writing by the parties or the litigation claim is not withdrawn,
|
|
the rights granted by Participant to You under Sections 2.1 and/or 2.2
|
|
automatically terminate at the expiration of the 60 day notice period specified
|
|
above.
|
|
|
|
b) any software, hardware, or device, other than such Participant`s
|
|
Contributor Version, directly or indirectly infringes any patent, then
|
|
any rights granted to You by such Participant under Sections 2.1(b) and
|
|
2.2(b) are revoked effective as of the date You first made, used, sold,
|
|
distributed, or had made, Modifications made by that Participant.
|
|
|
|
8.3 If You assert a patent infringement claim against Participant alleging
|
|
that such Participant`s Contributor Version directly or indirectly infringes
|
|
any patent where such claim is resolved (such as by license or settlement)
|
|
prior to the initiation of patent infringement litigation, then the reasonable
|
|
value of the licenses granted by such Participant under Sections 2.1 or
|
|
2.2 shall be taken into account in determining the amount or value of any
|
|
payment or license.
|
|
|
|
8.4 In the event of termination under Sections 8.1 or 8.2 above, all
|
|
end user license agreements (excluding distributors and resellers) which
|
|
have been validly granted by You or any distributor hereunder prior to
|
|
termination shall survive termination.
|
|
|
|
9. LIMITATION OF LIABILITY.
|
|
|
|
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
|
|
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, NOKIA, 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 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, BUT MAY ALLOW LIABILITY TO BE LIMITED;
|
|
IN SUCH CASES, A PARTY`s, ITS EMPLOYEES, LICENSORS OR AFFILIATES` LIABILITY
|
|
SHALL BE LIMITED TO U.S. $50. Nothing contained in this License shall prejudice
|
|
the statutory rights of any party dealing as a consumer.
|
|
|
|
10. MISCELLANEOUS.
|
|
|
|
This License represents the complete agreement concerning subject matter
|
|
hereof. All rights in the Covered Software not expressly granted under
|
|
this License are reserved. Nothing in this License shall grant You any
|
|
rights to use any of the trademarks of Nokia or any of its Affiliates,
|
|
even if any of such trademarks are included in any part of Covered Software
|
|
and/or documentation to it.
|
|
|
|
This License is governed by the laws of Finland excluding its conflict-of-law
|
|
provisions. All disputes arising from or relating to this Agreement shall
|
|
be settled by a single arbitrator appointed by the Central Chamber of Commerce
|
|
of Finland. The arbitration procedure shall take place in Helsinki, Finland
|
|
in the English language. If any part of this Agreement is found void and
|
|
unenforceable, it will not affect the validity of the balance of the Agreement,
|
|
which shall remain valid and enforceable according to its terms.
|
|
|
|
11. RESPONSIBILITY FOR CLAIMS.
|
|
|
|
As between Nokia 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 Nokia and Contributors
|
|
to distribute such responsibility on an equitable basis. Nothing herein
|
|
is intended or shall be deemed to constitute any admission of liability.
|
|
|
|
|
|
|
|
EXHIBIT A
|
|
|
|
The contents of this file are subject to the NOKOS License Version 1.0
|
|
(the "License"); you may not use this file except in compliance with the
|
|
License.
|
|
|
|
Software distributed under the License is distributed on an "AS IS"
|
|
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See
|
|
the License for the specific language governing rights and limitations
|
|
under the License.
|
|
|
|
The Original Software is
|
|
|
|
______________________________________.
|
|
|
|
Copyright © <year> Nokia and others. All Rights Reserved.
|
|
|
|
Contributor(s): ______________________________________.
|
|
|