Version 1.1
This CognitiveWeb™ Open Source License (the "License")
applies to CognitiveWeb software products as well as any updates or maintenance
releases of that software ("CognitiveWeb Products") that are
distributed by CognitiveWeb. ("Licensor"). Any CognitiveWeb Product licensed pursuant to this License is a
Licensed Product. Licensed Product, in
its entirety, is protected by U.S. copyright law. This License identifies the terms under which you may use, copy,
distribute or modify Licensed Product.
Preamble
This Preamble is intended to describe, in plain English, the
nature and scope of this License.
However, this Preamble is not a part of this license. The legal effect of this License is
dependent only upon the terms of the License and not this Preamble.
This License complies with the Open Source Definition and has
been approved by Open Source Initiative.
Software distributed under this License may be marked as "OSI
Certified Open Source Software."
This License provides that:
1. You may use, sell or give away the
Licensed Product, alone or as a component of an aggregate software distribution
containing programs from several different sources. No royalty or other fee is required.
2. Both Source Code and executable versions
of the Licensed Product, including Modifications made by previous Contributors,
are available for your use. (The terms
"Licensed Product," "Modifications," "Contributors"
and "Source Code" are defined in the License.)
3. You are allowed to make Modifications to
the Licensed Product, and you can create Derivative Works from it. (The term
"Derivative Works" is defined in the License.)
4. By accepting the Licensed Product under
the provisions of this License, you agree that any Modifications you make to
the Licensed Product and then distribute are governed by the provisions of this
License. In particular, you must make
the Source Code of your Modifications available to others.
5. You may use the Licensed Product for any
purpose, but the Licensor is not providing you any warranty whatsoever, nor is
the Licensor accepting any liability in the event that the Licensed Product
doesn't work properly or causes you any injury or damages.
6. If you sublicense the Licensed Product
or Derivative Works, you may charge fees for warranty or support, or for
accepting indemnity or liability obligations to your customers. You cannot charge for the Source Code.
7. If you assert any patent claims against
the Licensor relating to the Licensed Product, or if you breach any terms of
the License, your rights to the Licensed Product under this License
automatically terminate.
You may use this License to distribute your own Derivative
Works, in which case the provisions of this License will apply to your
Derivative Works just as they do to the original Licensed Product.
Alternatively, you may distribute your Derivative Works under
any other OSI-approved Open Source license, or under a proprietary license of
your choice. If you use any license
other than this License, however, you must continue to fulfill the requirements
of this License (including the provisions relating to publishing the Source
Code) for those portions of your Derivative Works that consist of the Licensed
Product, including the files containing Modifications.
New versions of this License may be published from time to
time. You may choose to continue to use
the license terms in this version of the License or those from the new
version. However, only the Licensor has
the right to change the License terms as they apply to the Licensed
Product.
This License relies on precise definitions for certain
terms. Those terms are defined when
they are first used, and the definitions are repeated for your convenience in a
Glossary at the end of the License.
License Terms
1. Grant of License From Licensor.
Licensor hereby grants you a world-wide, royalty-free, non-exclusive
license, subject to third party intellectual property claims, to do the
following:
a. Use, reproduce, modify, display,
perform, sublicense and distribute any Modifications created by such
Contributor or portions thereof, in both Source Code or as an executable
program, either on an unmodified basis or as part of Derivative Works.
b. Under claims of patents now or hereafter
owned or controlled by Contributor, to make, use, sell, offer for sale, have
made, and/or otherwise dispose of Modifications or portions thereof, but solely
to the extent that any such claim is necessary to enable you to make, use, sell,
offer for sale, have made, and/or otherwise dispose of Modifications or
portions thereof or Derivative Works thereof.
2.
Grant of License to Modifications From Contributor.
"Modifications" means any additions to or deletions from the
substance or structure of (i) a file containing Licensed Product, or (ii) any
new file that contains any part of Licensed Product. Hereinafter in this
License, the term "Licensed Product" shall include all previous
Modifications that you receive from any Contributor. By application of the
provisions in Section 4(a) below, each person or entity who created or
contributed to the creation of, and distributed, a Modification (a
"Contributor") hereby grants you a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property claims, to
do the following:
3. Exclusions From License Grant.
Nothing in this License shall be deemed to grant any rights to
trademarks, copyrights, patents, trade secrets or any other intellectual
property of Licensor or any Contributor except as expressly stated herein. No
patent license is granted separate from the Licensed Product, for code that you
delete from the Licensed Product, or for combinations of the Licensed Product
with other software or hardware. No
right is granted to the trademarks of Licensor or any Contributor even if such
marks are included in the Licensed Product.
Nothing in this License shall be interpreted to prohibit Licensor from
licensing under different terms from this License any code that Licensor
otherwise would have a right to license.
4. Your Obligations Regarding Distribution.
a. Application of This License to Your
Modifications. As an express condition for your use of the
Licensed Product, you hereby agree that any Modifications that you create or to
which you contribute, and which you distribute, are governed by the terms of
this License including, without limitation, Section 2. Any Modifications that you create or to
which you contribute may be distributed only under the terms of this License or
a future version of this License released under Section 7. You must include a copy of this License with
every copy of the Modifications you distribute. You agree not to offer or impose any terms on any Source Code or
executable version of the Licensed Product or Modifications that alter or
restrict 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 4(e).
b. Availability of Source Code.
You must make available, under the terms of this License, the Source
Code of the Licensed Product and any Modifications that you distribute, either
on the same media as you distribute any executable or other form of the
Licensed Product, or via a mechanism generally accepted in the software
development community for the electronic transfer of data (an "Electronic
Distribution Mechanism"). The
Source Code for any version of Licensed Product or Modifications that you
distribute 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 said Licensed Product or Modifications has been made available. You are responsible for ensuring that the
Source Code version remains available even if the Electronic Distribution
Mechanism is maintained by a third party.
c. Description of Modifications.
You must cause any Modifications that you create or to which you
contribute, and which you distribute, to contain a file documenting the
additions, changes or deletions you made to create or contribute to those
Modifications, and the dates of any such additions, changes or deletions. You must include a prominent statement that
the Modifications are derived, directly or indirectly, from the Licensed
Product and include the names of the Licensor and any Contributor to the
Licensed Product in (i) the Source Code and (ii) in any notice displayed by a
version of the Licensed Product you distribute or in related documentation in
which you describe the origin or ownership of the Licensed Product. You may not
modify or delete any preexisting copyright notices in the Licensed Product.
d. Intellectual Property Matters.
i.
Third Party Claims.
If you have knowledge that a license to a third party's intellectual
property right is required to exercise the rights granted by this License, you
must include a text file with the Source Code distribution titled
"LEGAL" that describes the claim and the party making the claim in
sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after you make
any Modifications available as described in Section 4(b), you shall promptly
modify the LEGAL file in all copies you make available thereafter and shall
take other steps (such as notifying appropriate mailing lists or newsgroups)
reasonably calculated to inform those who received the Licensed Product from
you that new knowledge has been obtained.
ii.
Contributor APIs.
If your Modifications include an application programming interface
("API") and you have knowledge of patent licenses that are reasonably
necessary to implement that API, you must also include this information in the
LEGAL file.
iii.
Representations.
You represent that, except as disclosed pursuant to 4(d)(i) above, you
believe that any Modifications you distribute are your original creations and
that you have sufficient rights to grant the rights conveyed by this License.
e. Required Notices.
You must duplicate this License in any documentation you provide along
with the Source Code of any Modifications you create or to which you
contribute, and which you distribute, wherever you describe recipients' rights
relating to Licensed Product. You must
duplicate the notice contained in Exhibit A (the "Notice") in each
file of the Source Code of any copy you distribute of the Licensed Product. If
you created a Modification, you may add your name as a Contributor to the
Notice. If it is not possible to put
the 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 charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of Licensed
Product. However, you may do so only on your own behalf, and not on behalf of
the Licensor or any Contributor. You
must make it clear that any such warranty, support, indemnity or liability
obligation is offered by you alone, and you hereby agree to indemnify the
Licensor and every Contributor for any liability incurred by the Licensor or
such Contributor as a result of warranty, support, indemnity or liability terms
you offer.
f.
Distribution of Executable
Versions. You may distribute Licensed Product as an
executable program under a license of your choice that may contain terms
different from this License provided (i) you have satisfied the requirements of
Sections 4(a) through 4(e) for that distribution, (ii) you include a conspicuous
notice in the executable version, related documentation and collateral
materials stating that the Source Code version of the Licensed Product is
available under the terms of this License, including a description of how and
where you have fulfilled the obligations of Section 4(b), (iii) you retain all
existing copyright notices in the Licensed Product, and (iv) you make it clear
that any terms that differ from this License are offered by you alone, not by
Licensor or any Contributor. You hereby
agree to indemnify the Licensor and every Contributor for any liability
incurred by Licensor or such Contributor as a result of any terms you
offer.
g. Distribution of Derivative Works.
You may create Derivative Works (e.g., combinations of some or all of
the Licensed Product with other code) and distribute the Derivative Works as
products under any other license you select, with the proviso that the
requirements of this License are fulfilled for those portions of the Derivative
Works that consist of the Licensed Product or any Modifications thereto.
5. 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 Licensed
Product due to statute, judicial order, or regulation, then you must (i) comply
with the terms of this License to the maximum extent possible, (ii) cite the
statute or regulation that prohibits you from adhering to the License, and
(iii) describe the limitations and the code they affect. Such description must
be included in the LEGAL file described in Section 4(d), 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 at computer
programming to be able to understand it.
6. Application of This License.
This License applies to code to which Licensor or Contributor has
attached the Notice in Exhibit A, which is incorporated herein by this
reference.
7. Versions of This License.
a. New Versions.
Licensor may publish from time to time revised and/or new versions of
the License.
b. Effect of New Versions.
Once Licensed Product 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 Licensed Product under the terms of any subsequent version of the License
published by Licensor. No one other
than Licensor has the right to modify the terms applicable to Licensed Product
created under this License.
c. Derivative Works of this License.
If you create or use a modified version of this License, which you may
do only in order to apply it to software that is not already a Licensed Product
under this License, you must rename your license so that it is not confusingly
similar to this License, and must make it clear that your license contains
terms that differ from this License. In
so naming your license, you may not use any trademark of Licensor or any
Contributor.
8. Disclaimer of Warranty.
LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE LICENSED PRODUCT IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN
ANY RESPECT, YOU (AND NOT THE LICENSOR 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 LICENSED PRODUCT IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
9. Termination.
a. Automatic Termination Upon Breach.
This license and the rights granted hereunder will terminate
automatically if you fail to comply with the terms herein and fail to cure such
breach within thirty (30) days of becoming aware of the breach. All sublicenses to the Licensed Product that
are properly granted shall survive any termination of this license. Provisions that, by their nature, must
remain in effect beyond the termination of this License, shall survive.
b. Termination Upon Assertion of Patent
Infringement. If you initiate litigation by asserting a
patent infringement claim (excluding declaratory judgment actions) against
Licensor or a Contributor (Licensor or Contributor against whom you file such
an action is referred to herein as Respondent) alleging that Licensed Product
directly or indirectly infringes any patent, then any and all rights granted by
such Respondent to you under Sections 1 or 2 of this License shall terminate
prospectively upon sixty (60) days notice from Respondent (the "Notice
Period") unless within that Notice Period you either agree in writing (i)
to pay Respondent a mutually agreeable reasonably royalty for your past or
future use of Licensed Product made by such Respondent, or (ii) withdraw your
litigation claim with respect to Licensed Product against such Respondent. If within said Notice Period 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
Licensor to you under Sections 1 and 2 automatically terminate at the
expiration of said Notice Period.
c. Reasonable Value of This License.
If you assert a patent infringement claim against Respondent alleging
that Licensed Product 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 said Respondent under Sections 1 and 2 shall be taken into account
in determining the amount or value of any payment or license.
d. No Retroactive Effect of Termination.
In the event of termination under Sections 9(a) or 9(b) above, all end
user license agreements (excluding licenses to distributors and resellers) that
have been validly granted by you or any distributor hereunder prior to
termination shall survive termination.
10. Limitation of Liability.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR
ANY DISTRIBUTOR OF LICENSED PRODUCT, 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 PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO
YOU.
11. Responsibility for Claims.
As between Licensor and Contributors, each party is responsible for
claims and damages arising, directly or indirectly, out of its utilization of
rights under this License. You agree to
work with Licensor and Contributors to distribute such responsibility on an
equitable basis. Nothing herein is
intended or shall be deemed to constitute any admission of liability.
12. U.S. Government End Users.
The Licensed Product is a commercial item, as that term is defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of commercial computer software and
commercial computer software documentation, as such terms are used in 48 C.F.R.
12.212 (Sept. 1995). Consistent with 48
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
Government End Users acquire Licensed Product with only those rights set forth
herein.
13. Miscellaneous. This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Any action or suit relating to this License may be brought only in the courts of a jurisdiction wherein the Licensor resides or in which Licensor conducts its primary business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The losing party is responsible for costs including, without limitation, court costs and reasonable attorneys fees and expenses. You and Licensor expressly waive any rights to a jury trial in any litigation concerning Licensed Product or this License. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this License. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Original Work outside the scope of this License or after its termination shall be subject to the requirements and penalties of the U.S. Copyright Act, 17 U.S.C. 101 et seq., the equivalent laws of other countries, and international treaty. This section shall survive the termination of this License.
14. Definition of You in This License. You throughout this License, whether in
upper or lower case, 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 7.
For legal entities, you includes any entity that controls, is controlled
by, or is under common control with you.
For purposes of this definition, control means (i) the power, direct or
indirect, to cause the direction or management of such entity, whether by
contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
15. Glossary.
All defined terms in this License that are used in more than one Section
of this License are repeated here, in alphabetical order, for the convenience
of the reader. The Section of this
License in which each defined term is first used is shown in parentheses.
Contributor:
Each person or entity who created or contributed to the creation of, and
distributed, a Modification. (See
Section 2)
Derivative Works: That term as used in this License is
defined under U.S. copyright law. (See
Section 1(b))
File: A persistent or transient representation, including without
limitation, a computer system file, an information resource, and a web
resource.
License:
This CognitiveWeb Open Source License.
(See first paragraph of License)
Licensed Product:
Any CognitiveWeb Product licensed pursuant to this License. The term "Licensed Product" includes
all previous Modifications from any Contributor that you receive. (See first paragraph of License and Section
2)
Licensed Product:
Any CognitiveWeb Product licensed pursuant to this License. The term "Licensed Product"
includes all previous Modifications from any Contributor that you receive. (See first paragraph of License and Section
2)
Licensor:
Bryan Thompson dba CognitiveWeb
(See first paragraph of License)
Modifications:
Any additions to or deletions from the substance or structure of (i) a
file containing Licensed Product, or (ii) any new file that contains any part
of Licensed Product. (See Section 2)
Notice:
The notice contained in Exhibit A.
(See Section 4(e))
Source Code: The preferred form for making
modifications to the Licensed Product, including all modules contained therein,
plus any associated interface definition files, scripts used to control
compilation and installation of an executable program, or a list of
differential comparisons against the Source Code of the Licensed Product. (See Section 1(a))
You: This term is defined in
Section 14 of this License.
EXHIBIT A
The Notice below must appear in each file of the Source Code of
any copy you distribute of the Licensed Product. Contributors to any Modifications may add their own copyright
notices to identify their own contributions.
License:
The contents of this file are subject to
the CognitiveWeb Open Source License Version 1.1 (the License). You may not copy or use this file, in either
source code or executable form, except in compliance with the License. You may obtain a copy of the License from
http://www.CognitiveWeb.org/legal/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.
Copyrights:
Portions created by or assigned to
CognitiveWeb are Copyright (c) 2003-2003 CognitiveWeb. All Rights Reserved. Contact information for CognitiveWeb is
available at http://www.CognitiveWeb.org.
Portions Copyright (c) 2002-2003 Bryan
Thompson.
Acknowledgements
Special thanks to the developers of the
Jabber Open Source License 1.0 (JOSL), from which this License was
derived. This License contains terms
that differ from JOSL.
Special thanks to the CognitiveWeb Open
Source Contributors for their suggestions and support of the Cognitive Web.
Modifications: