apl.txt.svn-base

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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,
    obligation or representation contained herein shall be deemed void
    to that extent, and shall be of no force or effect.

4. COMMERCIAL USE AND INDEMNITY.

    4.1. COMMERCIAL SERVICES.

    A Recipient ("COMMERCIAL RECIPIENT") may choose to offer, and to