📄 license.txt
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or confidential or other information, for business interruption, for personalinjury, for loss of privacy, for failure to meet any duty including of goodfaith or of reasonable care, for negligence, and for any other pecuniary orother loss whatsoever) arising out of or in any way related to the use of orinability to use the services and products offered by Club ITTIA, theprovision of or failure to provide Technical Support, or otherwise under or inconnection with any provision of this Agreement, even in the event of thefault, tort (including negligence), strict liability, breach of contract orbreach of warranty of ITTIA or any supplier, and even if ITTIA or any supplierhas been advised of the possibility of such damages.19. Limitation of Liability and Remedies. Notwithstanding any damages thatyou might incur for any reason whatsoever (including, without limitation, alldamages referenced above and all direct or general damages), the entireliability of ITTIA and any of its suppliers under any provision of thisAgreement and your exclusive remedy for all of the foregoing shall be limitedto the amount actually paid by you for the Membership. The foregoinglimitations, exclusions and disclaimers shall apply to the maximum extentpermitted by applicable law, even if any remedy fails its essential purpose.Under no circumstances, including but not limited to negligence, shall ITTIAbe liable for any special, direct, indirect, or consequential damages thatresult from the use of, or the inability to use, the materials and Productsand Services on Club ITTIA, even if ITTIA or its authorized representativeshave been advised of the possibility of such damages. Applicable law may notallow the limitation or exclusion of liability for incidental or consequentialdamages, so the above limitation or exclusion may not apply to you for alldamages, losses, and causes of action, whether in contract, tort or otherwiseexceed the amount paid by you, if any, for accessing Club ITTIA.20. Laws. This Agreement is governed by the laws of the state of Washington.Any legal action or claim shall be brought only in the appropriate courtlocated in Washington State. The prevailing party shall be entitled to allreasonable attorney's fees and costs of litigation.21. Record Keeping. You agree to maintain accurate records and to furnishITTIA with Member's names on request. You agree to admit ITTIA, its agents,its authorized representatives, or at your option and expense, independent andgovernment auditors, during ordinary business hours on reasonable notice, toverify Member information. If it is discovered from any audit that you havereported and paid in error of greater than 5%, then the full cost of thataudit shall be paid, including the costs and expenses of ITTIA, and itsindependent auditors, by you. db.* OPEN SOURCE PUBLIC LICENSE Version 1.0 ---------------1. Definitions. 1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code available to a third party. 1.1. "Contributor" means each entity that creates or contributes to the creation of Modifications. 1.2. "Contributor Version" means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor. 1.3. "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof. 1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data. 1.5. "Executable" means Covered Code in any form other than Source Code. 1.6. "Initial Developer" means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A. 1.7. "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License. 1.8. "License" means this document. 1.8.1. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein. 1.9. "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is: A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications. B. Any new file that contains any part of the Original Code or previous Modifications. 1.10. "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 License is not already Covered Code governed by this License. 1.10.1. "Patent Claims" includes without limitation, any patent, method, process, and apparatus claim(s) now owned or hereafter acquired, in any patent Licensable by Initial Developer. 1.11. "Source Code" means the preferred form of the Covered Code 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 Code or another well known, available Covered Code 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. 1.12. "You" (or "Your") means 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 any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity. 1.13. "Open Source" means a computer software program that must include source code, and must allow distribution in source code as well as in binary, executable, compiled form. The license may not restrict any party from selling or giving away the computer software program as a component of an aggregate software distribution containing programs from several different sources. The license may not require a royalty or other fee for such a transaction. The license must allow modifications and derived works, and must allow them to be distributed under the same terms as the license of the original software.2. Source Code License. 2.1 License for Open Source Operating Systems. You are hereby granted a license to use Covered Code on the Linux Operating System or any other Open Source Operating System. 2.2. The Initial Developer Grant. The Initial Developer hereby grants You a world-wide, royalty- free, non-exclusive license, subject to third party intellectual property claims: (a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer, to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and (b) under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof). 2.2.1 Effective Date. The licenses granted in this Section 2.2(a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License. 2.2.2 Scope of Limitations Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices. 2.3. Contributor Grant. Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license (a) under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and (b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination). 2.3.1 Effective Date. The licenses granted in Sections 2.3(a) and 2.3(b) are effective on the date Contributor first makes Commercial Use of the Covered Code. 2.3.2 Scope of Limitations. Notwithstanding Section 2.3(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 Code 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 2.1 and Section 2.3. The Source Code version of Covered Code 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
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