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📄 license_novell_fsla_1.0.txt

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Novell Free Source Agreement
Version 1.0 

1. Purpose. The purpose of this Agreement is to facilitate the maintenance
and support of Covered Code by authorizing licensees under this
Agreement to contribute Original Code, create Modifications, and to
reproduce and distribute the foregoing.

2. Definitions.

    1. "Agreement" means this document.

    2. "Contributor" means each entity that creates or contributes to the
    creation of Modifications.

    3. "Contributor Version" means the combination of the Original
    Code, prior Modifications used by a Contributor, and the
    Modifications made by that particular Contributor.

    4. "Covered Code" means the Original Code or Modifications or the
    combination of the Original Code and Modifications, in each case
    including portions thereof.

    5. "Derivative Work" means a work that is based on one or more
    preexisting works (such as a revision, enhancement, modification,
    translation, abridgement, condensation, expansion, or any other
    form in which such preexisting work may be recast, transformed,
    or adapted) and that, if prepared without authorization of the
    copyright owner of such preexisting work, would constitute
    copyright infringement under US law.

    6. "Electronic Distribution Mechanism" means a mechanism
    generally accepted in the software development community for the
    electronic transfer of data.

    7. "Executable" means Covered Code in any form other than Source
    Code.

    8. "Initial Developer" means the individual or entity identified as the
    Initial Developer in the Source Code notice required by Exhibit A.

    9. "Larger Work" means a work which combines Covered Code or
    portions thereof with code not governed by the terms of this
    Agreement.

    10. "Modifications" means Derivative Works of: 1) Original Code or
    any previous Modifications; 2) the contents of a file containing
    Original Code or previous Modifications; and/or 3) any new file
    that contains any part of the Original Code or previous
    Modifications.

    11. "Original Code" means Source Code of computer software code
    which is described in the Source Code notice required by Exhibit A
    as Original Code, and which, at the time of its release under this
    Agreement is not already Covered Code governed by this
    Agreement.

    12. "Source Code" means any form of code useful for making
    modifications to that code, including all modules it contains, plus
    any associated interface definition files, scripts used to control
    compilation and installation of an Executable, or a list of source
    code differential comparisons against either the code or other
    available code. 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.

    13. "Year 2000 Compliancy" or "Year 2000 Compliant" means that (i)
    a product will accurately process, address, store, and calculate date
    data from, into, and beyond the years 1999, 2000 and 2001,
    including leap year calculations, and (ii) all of the product's date-
    related functionality and data fields identify century and
    millennium, except that a date element may be represented without
    a century and millennium if the correct century is unambiguous for
    all manipulations involving that element.

    14. "You" means an individual or a legal entity exercising rights under
    this Agreement or a future version of this Agreement issued under
    Section 8.a. For legal entities, "You" includes any entity which
    controls, is controlled by, or is under common control with You.
    For purposes of this definition, "control" means (a) the power,
    direct or indirect, to cause the direction or management of such
    entity, whether by contract or otherwise, or (b) ownership of fifty
    percent (50%) or more of the outstanding shares or beneficial
    ownership of such entity.

3. Consideration. The rights granted to You under this Agreement are in
consideration of Your acceptance of and compliance with the terms and
conditions of this Agreement.

4. Source Code License.

    1. The Initial Developer Grant. The Initial Developer hereby grants
    You a world-wide, royalty-free, non-exclusive license to use,
    reproduce, modify, display, perform, sublicense and distribute the
    Original Code (or portions thereof) with or without Modifications,
    or as part of a Larger Work, solely for the purpose of maintaining
    and supporting the Covered Code.

    2. Contributor Grant. Each Contributor hereby grants You a
    world-wide, royalty-free, non-exclusive license 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 Code or as part of a Larger Work, solely for the purpose
    of maintaining and supporting the Covered Code.

    3. APIs. To any extent that Covered Code contains application
    programming interface(s) (APIs), the licenses granted in this
    Section include all rights necessary to implement such APIs for the
    purpose of maintaining and supporting the Covered Code.

5. Distribution Obligations.

    1. Application of Agreement. The Modifications which You create or
    to which You contribute are governed by the terms of this
    Agreement, including without limitation Section 4. The Source
    Code version of Covered Code may be distributed only under the
    terms of this Agreement or a future version of this Agreement
    released under Section 8, and You must include a copy of this
    Agreement 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
    Agreement or the recipients' rights hereunder. However, You may
    include an additional document offering the additional rights
    described in Section 5.d.

    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 Agreement 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.

    3. Description of Modifications. You must cause all Covered Code to
    which you contribute to contain a file documenting the changes
    You made to create that Covered Code and the date of any change.
    You must include a prominent statement that the Modification is
    derived, directly or indirectly, from Original Code provided by the
    Initial Developer and including the name of the Initial Developer 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 Code.

    4. Required Notices. You must duplicate the notice in Exhibit A in
    each file of the Source Code, and this Agreement in any
    documentation for the Source Code, where You describe recipients'
    rights relating to Covered Code. If You created one or more
    Modification(s), You may add your name as a Contributor to the
    notice described in Exhibit A. 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 file)
    where a user would be likely to look for such a notice. You may
    choose to offer, and to charge a fee for, warranty, support,
    indemnity or liability obligations to one or more recipients of
    Covered Code. However, You may do so only on Your own behalf,
    and not on behalf of the Initial Developer or any Contributor. You
    must make it absolutely clear than any such warranty, support,
    indemnity or liability obligation is offered by You alone, and You
    hereby agree to indemnify the Initial Developer and every
    Contributor for any liability incurred by the Initial Developer or
    such Contributor as a result of warranty, support, indemnity or
    liability terms You offer.

    5. Distribution of Executable Versions. You may distribute Covered
    Code in Executable form only if the requirements of this
    Agreement (including in particular Section 5) have been met for
    that Covered Code, and if You include a notice stating that the
    Source Code version of the Covered Code is available under the
    terms of this Agreement, including a description of how and where
    You have fulfilled the obligations of Section 5.b. 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 Code. This notice must
    also contain a statement that: 1) You are the sole source of
    technical support for Covered Code distributed by You; or, 2) that
    technical support is not available for Covered Code distributed by
    You. You may distribute the Executable version of Covered Code
    under a license of Your choice, which may contain terms different
    from this Agreement, provided that You are in compliance with the
    terms of this Agreement 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 Agreement. If
    You distribute the Executable version under a different license You
    must make it absolutely clear that any terms which differ from this
    Agreement are offered by You alone, not by the Initial Developer
    or any Contributor. You hereby agree to indemnify the Initial
    Developer and every Contributor for any liability incurred by the
    Initial Developer or such Contributor as a result of any such terms
    You offer.

    6. Presentation of License Terms. When distributing Covered Code,
    You shall make the Covered Code available in such a manner that:
    1) each recipient has a prior opportunity to review the terms of the
    license under which You distribute the Covered Code and assents
    to those terms prior to receiving Covered Code; or, 2) if Your

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