📄 license-apll.txt
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trademarks, copyrights, patents, trade secrets or any other
intellectual property of Initial Contributor, Subsequent
Contributor, or Distributor except as expressly stated herein.
3. DISTRIBUTION OBLIGATIONS.
3.1. DISTRIBUTION GENERALLY.
(a) A Subsequent Contributor shall make that Subsequent
Contributor's Subsequent Work(s) available to the public via an
Electronic Distribution Mechanism for a period of at least
twelve (12) months. The aforesaid twelve (12) month period
shall begin within a reasonable time after the creation of the
Subsequent Work and no later than sixty (60) days after first
distribution of that Subsequent Contributor's Subsequent Work.
(b) All Distributors must distribute the Licensed Work in
accordance with the terms of the License, and must include a
copy of this License (including without limitation Exhibit A
and the accompanying Supplement File) with each copy of the
Licensed Work distributed. In particular, this License must be
prominently distributed with the Licensed Work in a file called
"license.txt." In addition, the License Notice in Part 5 of
Exhibit A must be included at the beginning of all Source Code
files, and viewable to a user in any executable such that the
License Notice is reasonably brought to the attention of any
party using the Licensed Work.
3.2. EXECUTABLE DISTRIBUTIONS OF THE LICENSED WORK.
A Distributor may choose to distribute the Licensed Work, or any
portion thereof, in Executable form (an "EXECUTABLE DISTRIBUTION")
to any third party, under the terms of Section 2 of this License,
provided the Executable Distribution is made available under and
accompanied by a copy of this License, AND provided at least ONE of
the following conditions is fulfilled:
(a) The Executable Distribution must be accompanied by the
Source Code for the Licensed Work making up the Executable
Distribution, and the Source Code must be distributed on the
same media as the Executable Distribution or using an
Electronic Distribution Mechanism; or
(b) The Executable Distribution must be accompanied with a
written offer, valid for at least thirty six (36) months, to
give any third party under the terms of this License, for a
charge no more than the cost of physically performing source
distribution, a complete machine-readable copy of the Source
Code for the Licensed Work making up the Executable
Distribution, to be available and distributed using an
Electronic Distribution Mechanism, and such Executable
Distribution must remain available in Source Code form to any
third party via the Electronic Distribution Mechanism (or any
replacement Electronic Distribution Mechanism the particular
Distributor may reasonably need to turn to as a substitute) for
said at least thirty six (36) months.
For greater certainty, the above-noted requirements apply to any
Licensed Work or portion thereof distributed to any third party in
Executable form, whether such distribution is made alone, in
combination with a Larger Work or Independent Modules, or in some
other combination.
3.3. SOURCE CODE DISTRIBUTIONS.
When a Distributor makes the Licensed Work, or any portion thereof,
available to any Person in Source Code form, it must be made
available under this License and a copy of this License must be
included with each copy of the Source Code, situated so that the
copy of the License is conspicuously brought to the attention of
that Person. For greater clarification, this Section 3.3 applies to
all distribution of the Licensed Work in any Source Code form. A
Distributor may charge a fee for the physical act of transferring a
copy, which charge shall be no more than the cost of physically
performing source distribution.
3.4. REQUIRED NOTICES IN SOURCE CODE.
Each Subsequent Contributor must ensure that the notice set out in
Part 5 of Exhibit A is included in each file of the Source Code for
each Subsequent Work originating from that particular Subsequent
Contributor, if such notice is not already included in each such
file. If it is not possible to put such notice in a particular
Source Code file due to its structure, then the Subsequent
Contributor must include such notice in a location (such as a
relevant directory in which the file is stored) where a user would
be likely to look for such a notice.
3.5. NO DISTRIBUTION REQUIREMENTS FOR INTERNALLY USED
MODIFICATIONS.
Notwithstanding Sections 3.2, 3.3 and 3.4, Recipient may,
internally within its own corporation or organization use the
Licensed Work, including the Initial Work and Subsequent Works, and
make Modifications for internal use within Recipient's own
corporation or organization (collectively, "INTERNAL USE
MODIFICATIONS"). The Recipient shall have no obligation to
distribute, in either Source Code or Executable form, any such
Internal Use Modifications made by Recipient in the course of such
internal use, except where required below in this Section 3.5. All
Internal Use Modifications distributed to any Person, whether or
not a Third Party, shall be distributed pursuant to and be
accompanied by the terms of this License. If the Recipient chooses
to distribute any such Internal Use Modifications to any Third
Party, then the Recipient shall be deemed a Subsequent Contributor,
and any such Internal Use Modifications distributed to any Third
Party shall be deemed a Subsequent Work originating from that
Subsequent Contributor, and shall from the first such instance
become part of the Licensed Work that must thereafter be
distributed and made available to third parties in accordance with
the terms of Sections 3.1 to 3.4 inclusive.
3.6. INDEPENDENT MODULES.
This License shall not apply to Independent Modules of any Initial
Contributor, Subsequent Contributor, Distributor or any Recipient,
and such Independent Modules may be licensed or made available
under one or more separate license agreements.
3.7. LARGER WORKS.
Any Distributor or Recipient may create or contribute to a Larger
Work by combining any of the Licensed Work with other code not
governed by the terms of this License, and may distribute the
Larger Work as one or more products. However, in any such case,
Distributor or Recipient (as the case may be) must make sure that
the requirements of this License are fulfilled for the Licensed
Work portion of the Larger Work.
3.8. DESCRIPTION OF DISTRIBUTED MODIFICATIONS.
(a) Each Subsequent Contributor (including the Initial
Contributor where the Initial Contributor also qualifies as a
Subsequent Contributor) must cause each Subsequent Work created
or contributed to by that Subsequent Contributor to contain a
file documenting the changes, in accordance with the
requirements of Part 1 of the Supplement File, that such
Subsequent Contributor made in the creation or contribution to
that Subsequent Work. If no Supplement File exists or no
requirements are set out in Part 1 of the Supplement File, then
there are no requirements for Subsequent Contributors to
document changes that they make resulting in Subsequent Works.
(b) The Initial Contributor may at any time introduce
requirements or add to or change earlier requirements (in each
case, the "EARLIER DESCRIPTION REQUIREMENTS") for documenting
changes resulting in Subsequent Works by revising Part 1 of
each copy of the Supplement File distributed by the Initial
Contributor with future copies of the Licensed Work so that
Part 1 then contains new requirements (the "NEW DESCRIPTION
REQUIREMENTS") for documenting such changes.
(c) Any Recipient receiving at any time any copy of an Initial
Work or any Subsequent Work under a copy of this License (in
each case, an "Earlier LICENSED COPY") having the Earlier
Description Requirements may choose, with respect to each such
Earlier Licensed Copy, to comply with the Earlier Description
Requirements or the New Description Requirements. Where a
Recipient chooses to comply with the New Description
Requirements, that Recipient will, when thereafter distributing
any copies of any such Earlier Licensed Copy, include a
Supplement File having a section entitled Part 1 that contains
a copy of the New Description Requirements.
(d) For greater certainty, the intent of Part 1 of the
Supplement File is to provide a mechanism (if any) by which
Subsequent Contributors must document changes that they make to
the Licensed Work resulting in Subsequent Works. Part 1 of any
Supplement File shall not be used to increase or reduce the
scope of the license granted in Article 2 of this License or in
any other way increase or decrease the rights and obligations
of any Recipient, and shall at no time serve as the basis for
terminating the License. Further, a Recipient can be required
to correct and change its documentation procedures to comply
with Part 1 of the Supplement File, but cannot be penalised
with damages. Part 1 of any Supplement File is only binding on
each Recipient of any Licensed Work to the extent Part 1 sets
out the requirements for documenting changes to the Initial
Work or any Subsequent Work.
(e) An example of a set of requirements for documenting changes
and contributions made by Subsequent Contributor is set out in
Part 7 of Exhibit A of this License. Part 7 is a sample only
and is not binding on Recipients, unless (subject to the
earlier paragraphs of this Section 3.8) those are the
requirements that the Initial Contributor includes in Part 1 of
the Supplement File with the copies of the Initial Work
distributed under this License.
3.9. USE OF DISTRIBUTOR NAME.
The name of a Distributor may not be used by any other Distributor
to endorse or promote the Licensed Work or products derived from
the Licensed Work, without prior written permission.
3.10. LIMITED RECOGNITION OF INITIAL CONTRIBUTOR.
(a) As a modest attribution to the Initial Contributor, in the
hope that its promotional value may help justify the time,
money and effort invested in writing the Initial Work, the
Initial Contributor may include in Part 2 of the Supplement
File a requirement that each time an executable program
resulting from the Initial Work or any Subsequent Work, or a
program dependent thereon, is launched or run, a prominent
display of the Initial Contributor's attribution information
must occur (the "ATTRIBUTION INFORMATION"). The Attribution
Information must be included at the beginning of each Source
Code file. For greater certainty, the Initial Contributor may
specify in the Supplement File that the above attribution
requirement only applies to an executable program resulting
from the Initial Work or any Subsequent Work, but not a program
dependent thereon. The intent is to provide for reasonably
modest attribution, therefore the Initial Contributor may not
require Recipients to display, at any time, more than the
following Attribution Information: (a) a copyright notice
including the name of the Initial Contributor; (b) a word or
one phrase (not exceeding 10 words); (c) one digital image or
graphic provided with the Initial Work; and (d) a URL
(collectively, the "ATTRIBUTION LIMITS").
(b) If no Supplement File exists, or no Attribution Information
is set out in Part 2 of the Supplement File, then there are no
requirements for Recipients to display any Attribution
Information of the Initial Contributor.
(c) Each Recipient acknowledges that all trademarks, service
marks and/or trade names contained within Part 2 of the
Supplement File distributed with the Licensed Work are the
exclusive property of the Initial Contributor and may only be
used with the permission of the Initial Contributor, or under
circumstances otherwise permitted by law, or as expressly set
out in this License.
3.11. For greater certainty, any description or attribution
provisions contained within a Supplement File may only be used to
specify the nature of the description or attribution requirements,
as the case may be. Any provision in a Supplement File that
otherwise purports to modify, vary, nullify or amend any right,
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