?? license-apll.txt
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under the laws of the Governing Jurisdiction, it shall not affect
the validity or enforceability of the remainder of the terms of
this License, and without further action by the parties hereto,
such provision shall be reformed to the minimum extent necessary to
make such provision valid and enforceable.
10.6. The paragraph headings of this License are for reference and
convenience only and are not a part of this License, and they shall
have no effect upon the construction or interpretation of any part
hereof.
10.7. Each of the terms "including", "include" and "includes", when
used in this License, is not limiting whether or not non-limiting
language (such as "without limitation" or "but not limited to" or
words of similar import) is used with reference thereto.
10.8. The parties hereto acknowledge they have expressly required
that this License and notices relating thereto be drafted in the
English language.
//***THE LICENSE TERMS END HERE (OTHER THAN AS SET OUT IN EXHIBIT
//A).***//
EXHIBIT A (to the Adaptive Public License)
PART 1: INITIAL CONTRIBUTOR AND DESIGNATED WEB SITE The Initial
Contributor is:
Amin Gholiha
The Designated Web Site is:
www.codeproject.com
NOTE: The Initial Contributor is to complete this Part 1, along
with Parts 2, 3, and 5, and, if applicable, Parts 4 and 6.
PART 2: INITIAL WORK
The Initial Work comprises the computer program(s) distributed by
the Initial Contributor having the following title(s):
Amin Gholiha, developer.
The date on which the Initial Work was first available under this
License: 2005-01-01
PART 4: THIRD PARTIES
For the purposes of this License, "Third Party" has the definition
set forth below in the ONE paragraph selected by the Initial
Contributor from paragraphs A, B, C, D and E when the Initial Work
is distributed or otherwise made available by the Initial
Contributor. To select one of the following paragraphs, the Initial
Contributor must place an "X" or "x" in the selection box alongside
the one respective paragraph selected. SELECTION BOX PARAGRAPH
[ ] A. "THIRD PARTY" means any third party.
[ ] B. "THIRD PARTY" means any third party except for any of
the following: (a) a wholly owned subsidiary of the Subsequent
Contributor in question; (b) a legal entity (the "PARENT") that
wholly owns the Subsequent Contributor in question; or (c) a wholly
owned subsidiary of the wholly owned subsidiary in (a) or of the
Parent in (b).
[ ] C. "THIRD PARTY" means any third party except for any of
the following: (a) any Person directly or indirectly owning a
majority of the voting interest in the Subsequent Contributor or
(b) any Person in which the Subsequent Contributor directly or
indirectly owns a majority voting interest.
[ ] D. "THIRD PARTY" means any third party except for any
Person directly or indirectly controlled by the Subsequent
Contributor. For purposes of this definition, "control" shall mean
the power to direct or cause the direction of, the management and
policies of such Person whether through the ownership of voting
interests, by contract, or otherwise.
[ ] E. "THIRD PARTY" means any third party except for any
Person directly or indirectly controlling, controlled by, or under
common control with the Subsequent Contributor. For purposes of
this definition, "control" shall mean the power to direct or cause
the direction of, the management and policies of such Person
whether through the ownership of voting interests, by contract, or
otherwise.
The default definition of "THIRD PARTY" is the definition set forth
in paragraph A, if NONE OR MORE THAN ONE of paragraphs A, B, C, D
or E in this Part 4 are selected by the Initial Contributor.
PART 5: NOTICE
THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THE ADAPTIVE
PUBLIC LICENSE ("LICENSE") AS FIRST COMPLETED BY:
______________________ [Insert the name of the Initial Contributor
here]. ANY USE, PUBLIC DISPLAY, PUBLIC PERFORMANCE, REPRODUCTION OR
DISTRIBUTION OF, OR PREPARATION OF DERIVATIVE WORKS BASED ON, THE
LICENSED WORK CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS LICENSE
AND ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE TERMS OF THE
LICENSE. "LICENSED WORK" AND "RECIPIENT" ARE DEFINED IN THE
LICENSE. A COPY OF THE LICENSE IS LOCATED IN THE TEXT FILE ENTITLED
"LICENSE.TXT" ACCOMPANYING THE CONTENTS OF THIS FILE. IF A COPY OF
THE LICENSE DOES NOT ACCOMPANY THIS FILE, A COPY OF THE LICENSE MAY
ALSO BE OBTAINED AT THE FOLLOWING WEB SITE:
___________________________________________________ [Insert Initial
Contributor's Designated Web Site here]
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.
PART 6: PATENT LICENSING TERMS
For the purposes of this License, paragraphs A, B, C, D and E of
this Part 6 of Exhibit A are only incorporated and form part of the
terms of the License if the Initial Contributor places an "X" or
"x" in the selection box alongside the YES answer to the question
immediately below.
Is this a Patents-Included License pursuant to Section 2.2 of the
License?
YES [ ] NO [ ]
By default, if YES is not selected by the Initial Contributor, the
answer is NO.
A. For the purposes of the paragraphs in this Part 6 of Exhibit
A, "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 granted
herein.
B. The Initial Contributor hereby grants all Recipients a
world-wide, royalty-free, non-exclusive license, subject to
third party intellectual property claims, under patent claim(s)
Licensable by the Initial Contributor that are or would be
infringed by the making, using, selling, offering for sale,
having made, importing, exporting, transfer or disposal of such
Initial Work or any portion thereof. Notwithstanding the
foregoing, no patent license is granted under this Paragraph B
by the Initial Contributor: (1) for any code that the Initial
Contributor deletes from the Initial Work (or any portion
thereof) distributed by the Initial Contributor prior to such
distribution; (2) for any Modifications made to the Initial
Work (or any portion thereof) by any other Person; or (3)
separate from the Initial Work (or portions thereof)
distributed or made available by the Initial Contributor.
C. Effective upon distribution by a Subsequent Contributor to a
Third Party of any Modifications made by that Subsequent
Contributor, such Subsequent Contributor hereby grants all
Recipients a world-wide, royalty-free, non-exclusive license,
subject to third party intellectual property claims, under
patent claim(s) Licensable by such Subsequent Contributor that
are or would be infringed by the making, using, selling,
offering for sale, having made, importing, exporting, transfer
or disposal of any such Modifications made by that Subsequent
Contributor alone and/or in combination with its Subsequent
Work (or portions of such combination) to make, use, sell,
offer for sale, have made, import, export, transfer and
otherwise dispose of:
(1) Modifications made by that Subsequent Contributor (or
portions thereof); and
(2) the combination of Modifications made by that
Subsequent Contributor with its Subsequent Work (or
portions of such combination);
(collectively and in each case, the "SUBSEQUENT CONTRIBUTOR
VERSION").
Notwithstanding the foregoing, no patent license is granted
under this Paragraph C by such Subsequent Contributor: (1) for
any code that such Subsequent Contributor deletes from the
Subsequent Contributor Version (or any portion thereof)
distributed by the Subsequent Contributor prior to such
distribution; (2) for any Modifications made to the Subsequent
Contributor Version (or any portion thereof) by any other
Person; or (3) separate from the Subsequent Contributor Version
(or portions thereof) distributed or made available by the
Subsequent Contributor.
D. Effective upon distribution of any Licensed Work by a
Distributor to a Third Party, such Distributor hereby grants
all Recipients a world-wide, royalty-free, non-exclusive
license, subject to third party intellectual property claims,
under patent claim(s) Licensable by such Distributor that are
or would be infringed by the making, using, selling, offering
for sale, having made, importing, exporting, transfer or
disposal of any such Licensed Work distributed by such
Distributor, to make, use, sell, offer for sale, have made,
import, export, transfer and otherwise dispose of such Licensed
Work or portions thereof (collectively and in each case, the
"DISTRIBUTOR VERSION"). Notwithstanding the foregoing, no
patent license is granted under this Paragraph D by such
Distributor: (1) for any code that such Distributor deletes
from the Distributor Version (or any portion thereof)
distributed by the Distributor prior to such distribution; (2)
for any Modifications made to the Distributor Version (or any
portion thereof) by any other Person; or (3) separate from the
Distributor Version (or portions thereof) distributed or made
available by the Distributor.
E. If Recipient institutes patent litigation against another
Recipient (a "USER") with respect to a patent applicable to a
computer program or software (including a cross-claim or
counterclaim in a lawsuit, and whether or not any of the patent
claims are directed to a system, method, process, apparatus,
device, product, article of manufacture or any other form of
patent claim), then any patent or copyright license granted by
that User to such Recipient under this License or any other
copy of this License shall terminate. The termination shall be
effective ninety (90) days after notice of termination from
User to Recipient, unless the Recipient withdraws the patent
litigation claim before the end of the ninety (90) day period.
To be effective, any such notice of license termination must
include a specific list of applicable patents and/or a copy of
the copyrighted work of User that User alleges will be
infringed by Recipient upon License termination. License
termination is only effective with respect to patents and/or
copyrights for which proper notice has been given.
PART 7: SAMPLE REQUIREMENTS FOR THE DESCRIPTION OF DISTRIBUTED
MODIFICATIONS
Each Subsequent Contributor (including the Initial Contributor
where the Initial Contributor qualifies as a Subsequent
Contributor) is invited (but not required) to cause each Subsequent
Work created or contributed to by that Subsequent Contributor to
contain a file documenting the changes such Subsequent Contributor
made to create that Subsequent Work and the date of any change.
//***EXHIBIT A ENDS HERE.***//
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