key: adapt-1.0
short_name: APL 1.0
name: Adaptive Public License
category: Copyleft
owner: OSI - Open Source Initiative
homepage_url: http://www.opensource.org/licenses/apl1.0.php
notes: Per SPDX.org, this license is OSI certified.
spdx_license_key: APL-1.0
osi_license_key: APL-1.0
text_urls:
  - http://www.opensource.org/licenses/apl1.0.php
osi_url: http://www.opensource.org/licenses/apl1.0.php
other_urls:
  - http://www.opensource.org/licenses/APL-1.0
  - https://opensource.org/licenses/APL-1.0
text: "ADAPTIVE PUBLIC LICENSE\nVersion 1.0\nTHE LICENSED WORK IS PROVIDED UNDER THE TERMS OF\
  \ THIS ADAPTIVE PUBLIC LICENSE\n(\"LICENSE\"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE\
  \ LICENSED WORK CONSTITUTES\nRECIPIENT'S ACCEPTANCE OF THIS LICENSE AND ITS TERMS, WHETHER\
  \ OR NOT SUCH\nRECIPIENT READS THE TERMS OF THIS LICENSE. \"LICENSED WORK\" AND \"RECIPIENT\"\
  \ ARE DEFINED BELOW.\n\nIMPORTANT NOTE: This License is \"adaptive\", and the generic version\
  \ or another version of an Adaptive Public License should not be relied upon to determine\
  \ your rights and obligations under this License. You must read the specific Adaptive Public\
  \ License that you receive with the Licensed Work, as certain terms are defined at the outset\
  \ by the Initial Contributor.\n\nSee Section 2.2 below, Exhibit A attached, and any Suppfile.txt\
  \ accompanying this License to determine the specific adaptive features applicable to this\
  \ License. For example, without limiting the foregoing, (a) for selected choice of law and\
  \ jurisdiction see Part 3 of Exhibit A; (b) for the selected definition of Third Party see\
  \ Part 4 of Exhibit A; and (c) for selected patent licensing terms (if any) see Section 2.2\
  \ below and Part 6 of Exhibit A.\n\n1. DEFINITIONS.\n\n1.1. \"CONTRIBUTION\" means:\n\n(a)\
  \ In the case of the Initial Contributor, the Initial Work distributed under this License\
  \ by the Initial Contributor; and\n\n(b) In the case of each Subsequent Contributor, the Subsequent\
  \ Work originating from and distributed by such Subsequent Contributor.\n\n1.2. \"DESIGNATED\
  \ WEB SITE\" means the web site having the URL identified in Part 1 of Exhibit A, which URL\
  \ may be changed by the Initial Contributor by posting on the current Designated Web Site\
  \ the new URL for at least sixty (60) days.\n\n1.3. \"DISTRIBUTOR\" means any Person that\
  \ distributes the Licensed Work or any portion thereof to at least one Third Party.\n\n1.4.\
  \ \"ELECTRONIC DISTRIBUTION MECHANISM\" means any mechanism generally accepted in the software\
  \ development community for the electronic transfer of data.\n\n1.5. \"EXECUTABLE\" means\
  \ the Licensed Work in any form other than Source Code.\n\n1.6. \"GOVERNING JURISDICTION\"\
  \ means the state, province or other legal jurisdiction identified in Part 3 of Exhibit A.\n\
  \n1.7. \"INDEPENDENT MODULE\" means a separate module of software and/or data that is not\
  \ a derivative work of or copied from the Licensed Work or any portion thereof. In addition,\
  \ a module does not qualify as an Independent Module but instead forms part of the Licensed\
  \ Work if the module: (a) is embedded in the Licensed Work; (b) is included by reference in\
  \ the Licensed Work other than by a function call or a class reference; or (c) must be included\
  \ or contained, in whole or in part, within a file directory or subdirectory actually containing\
  \ files making up the Licensed Work.\n\n1.8. \"INITIAL CONTRIBUTOR\" means the Person or entity\
  \ identified as the Initial Contributor in the notice required by Part 1 of Exhibit A.\n\n\
  1.9. \"INITIAL WORK\" means the initial Source Code, object code (if any) and documentation\
  \ for the computer program identified in Part 2 of Exhibit A, as such Source Code, object\
  \ code and documentation is distributed under this License by the Initial Contributor.\n\n\
  1.10. \"LARGER WORK\" means a work that combines the Licensed Work or portions thereof with\
  \ code not governed by this License.\n\n1.11. \"LICENSED WORK\" means the Initial Work and/or\
  \ any Subsequent Work, in each case including portions thereof.\n\n1.12. \"LICENSE NOTICE\"\
  \ has the meaning assigned in Part 5 of Exhibit A.\n\n1.13. \"MODIFICATION\" or \"MODIFICATIONS\"\
  \ means any change to and/or addition to the Licensed Work.\n\n1.14. \"PERSON\" means an individual\
  \ or other legal entity, including a corporation, partnership or other body.\n\n1.15. \"RECIPIENT\"\
  \ means any Person who receives or obtains the Licensed Work under this License (by way of\
  \ example, without limiting the foregoing, any Subsequent Contributor or Distributor).\n\n\
  1.16. \"SOURCE CODE\" means the source code for a computer program, including the source code\
  \ for all modules and components of the computer program, plus any associated interface definition\
  \ files, and scripts used to control compilation and installation of an executable.\n\n1.17.\
  \ \"SUBSEQUENT CONTRIBUTOR\" means any Person that makes or contributes to the making of any\
  \ Subsequent Work and that distributes that Subsequent Work to at least one Third Party.\n\
  \n1.18. \"SUBSEQUENT WORK\" means a work that has resulted or arises from changes to and/or\
  \ additions to:\n\n(a) the Initial Work;\n\n(b) any other Subsequent Work; or\n\n(c) to any\
  \ combination of the Initial Work and any such other Subsequent Work;\n\nwhere such changes\
  \ and/or additions originate from a Subsequent Contributor. A Subsequent Work will \"originate\"\
  \ from a Subsequent Contributor if the Subsequent Work was a result of efforts by such Subsequent\
  \ Contributor (or anyone acting on such Subsequent Contributor's behalf, such as, a contractor\
  \ or other entity that is engaged by or under the direction of the Subsequent Contributor).\
  \ For greater certainty, a Subsequent Work expressly excludes and shall not capture within\
  \ its meaning any Independent Module.\n\n1.19. \"SUPPLEMENT FILE\" means a file distributed\
  \ with the Licensed Work having a file name \"suppfile.txt\".\n\n1.20. \"THIRD PARTY\" has\
  \ the meaning assigned in Part 4 of Exhibit A.\n\n2. LICENSE.\n\n2.1. COPYRIGHT LICENSE FROM\
  \ INITIAL AND SUBSEQUENT CONTRIBUTORS.\n\n(a) Subject to the terms of this License, the Initial\
  \ Contributor hereby grants\neach Recipient a world-wide, royalty-free, non-exclusive copyright\
  \ license to:\n\n(i) reproduce, prepare derivative works of, publicly display, publicly perform,\n\
  distribute and sublicense the Initial Work; and\n\n(ii) reproduce, publicly display, publicly\
  \ perform, distribute, and sublicense\nany derivative works (if any) prepared by Recipient;\n\
  \nin Source Code and Executable form, either with other Modifications, on an\nunmodified basis,\
  \ or as part of a Larger Work.\n\n(b) Subject to the terms of this License, each Subsequent\
  \ Contributor hereby\ngrants each Recipient a world-wide, royalty-free, non-exclusive copyright\n\
  license to:\n\n(i) reproduce, prepare derivative works of, publicly display, publicly perform,\n\
  distribute and sublicense the Subsequent Work of such Subsequent Contributor;\nand\n\n(ii)\
  \ reproduce, publicly display, publicly perform, distribute, and sublicense\nany derivative\
  \ works (if any) prepared by Recipient;\n\nin Source Code and Executable form, either with\
  \ other Modifications, on an unmodified basis, or as part of a Larger Work.\n2.2. PATENT LICENSE\
  \ FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.\n\n(a) This License does not include or grant\
  \ any patent license whatsoever from the Initial Contributor, Subsequent Contributor, or any\
  \ Distributor unless, at the time the Initial Work is first distributed or made available\
  \ under this License (as the case may be), the Initial Contributor has selected pursuant to\
  \ Part 6 of Exhibit A the patent terms in paragraphs A, B, C, D and E from Part 6 of Exhibit\
  \ A. If this is not done then the Initial Work and any other Subsequent Work is made available\
  \ under the License without any patent license (the \"PATENTS-EXCLUDED LICENSE\").\n\n(b)\
  \ However, the Initial Contributor may subsequently distribute or make available (as the case\
  \ may be) future copies of: (1) the Initial Work; or (2) any Licensed Work distributed by\
  \ the Initial Contributor which includes the Initial Work (or any portion thereof) and/or\
  \ any Modification made by the Initial Contributor; available under a License which includes\
  \ a patent license (the \"PATENTS-INCLUDED LICENSE\") by selecting pursuant to Part 6 of Exhibit\
  \ A the patent terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A, when the Initial\
  \ Contributor distributes or makes available (as the case may be) such future copies under\
  \ this License.\n\n(c) If any Recipient receives or obtains one or more copies of the Initial\
  \ Work or any other portion of the Licensed Work under the Patents-Included License, then\
  \ all licensing of such copies under this License shall include the terms in paragraphs A,\
  \ B, C, D and E from Part 6 of Exhibit A and that Recipient shall not be able to rely upon\
  \ the Patents-Excluded License for any such copies. However, all Recipients that receive one\
  \ or more copies of the Initial Work or any other portion of the Licensed Work under a copy\
  \ of the License which includes the Patents-Excluded License shall have no patent license\
  \ with respect to such copies received under the Patents-Excluded License and availability\
  \ and distribution of such copies, including Modifications made by such Recipient to such\
  \ copies, shall be under a copy of the License without any patent license.\n\n(d) Where a\
  \ Recipient uses in combination or combines any copy of the Licensed Work (or portion thereof)\
  \ licensed under a copy of the License having a Patents-Excluded License with any copy of\
  \ the Licensed Work (or portion thereof) licensed under a copy of the License having a Patents-Included\
  \ License, the combination (and any portion thereof) shall, from the first time such Recipient\
  \ uses, makes available or distributes the combination (as the case may be), be subject to\
  \ only the terms of the License having the Patents-Included License which shall include the\
  \ terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A.\n\n2.3. ACKNOWLEDGEMENT AND\
  \ DISCLAIMER.\n\nRecipient understands and agrees that although Initial Contributor and each\
  \ Subsequent Contributor grants the licenses to its Contributions set forth herein, no representation,\
  \ warranty, guarantee or assurance is provided by any Initial Contributor, Subsequent Contributor,\
  \ or Distributor that the Licensed Work does not infringe the patent or other intellectual\
  \ property rights of any other entity. Initial Contributor, Subsequent Contributor, and each\
  \ Distributor disclaims any liability to Recipient for claims brought by any other entity\
  \ based on infringement of intellectual property rights or otherwise, in relation to the Licensed\
  \ Works. As a condition to exercising the rights and licenses granted hereunder, each Recipient\
  \ hereby assumes sole responsibility to secure any other intellectual property rights needed,\
  \ if any. For example, without limiting the foregoing disclaimers, if a third party patent\
  \ license is required to allow Recipient to distribute the Licensed Work, it is Recipient's\
  \ responsibility to acquire that license before distributing the Licensed Work.\n\n2.4. RESERVATION.\n\
  \nNothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents,\
  \ trade secrets or any other intellectual property of Initial Contributor, Subsequent Contributor,\
  \ or Distributor except as expressly stated herein.\n\n3. DISTRIBUTION OBLIGATIONS.\n\n3.1.\
  \ DISTRIBUTION GENERALLY.\n\n(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.\n\n\
  (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.\n\n3.2. EXECUTABLE DISTRIBUTIONS OF THE LICENSED WORK.\n\nA 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:\n\n(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\n\n(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.\n\
  \nFor 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.\n\
  \n3.3. SOURCE CODE DISTRIBUTIONS.\n\nWhen 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.\n\
  \n3.4. REQUIRED NOTICES IN SOURCE CODE.\n\nEach 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.\n\n3.5. NO DISTRIBUTION REQUIREMENTS FOR\
  \ INTERNALLY USED MODIFICATIONS.\n\nNotwithstanding 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.\n\n3.6.\
  \ INDEPENDENT MODULES.\n\nThis 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.\n\
  \n3.7. LARGER WORKS.\n\nAny 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.\n\n3.8.\
  \ DESCRIPTION OF DISTRIBUTED MODIFICATIONS.\n\n(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.\n\n(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.\n\n(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.\n\n\
  (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.\n\n(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.\n\n3.9. USE OF DISTRIBUTOR\
  \ NAME.\n\nThe 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.\n\n3.10. LIMITED RECOGNITION OF INITIAL CONTRIBUTOR.\n\n(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\"\
  ).\n\n(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.\n\n(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.\n\n3.11. 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.\n\n4. COMMERCIAL USE AND INDEMNITY.\n\n\
  4.1. COMMERCIAL SERVICES.\n\nA Recipient (\"COMMERCIAL RECIPIENT\") may choose to offer, and\
  \ to charge a fee for, warranty, support, indemnity or liability obligations (collectively,\
  \ \"SERVICES\") to one or more other Recipients or Distributors. However, such Commercial\
  \ Recipient may do so only on that Commercial Recipient's own behalf, and not on behalf of\
  \ any other Distributor or Recipient, and Commercial Recipient must make it clear than any\
  \ such warranty, support, indemnity or liability obligation(s) is/are offered by Commercial\
  \ Recipient alone. At no time may Commercial Recipient use any Services to deny any party\
  \ the Licensed Work in Source Code or Executable form when so required under any of the other\
  \ terms of this License. For greater certainty, this Section 4.1 does not diminish any of\
  \ the other terms of this License, including without limitation the obligation of the Commercial\
  \ Recipient as a Distributor, when distributing any of the Licensed Work in Source Code or\
  \ Executable form, to make such distribution royalty-free (subject to the right to charge\
  \ a fee of no more than the cost of physically performing Source Code or Executable distribution\
  \ (as the case may be)).\n\n4.2. INDEMNITY.\n\nCommercial distributors of software may accept\
  \ certain responsibilities with respect to end users, business partners and the like. While\
  \ this License is intended to facilitate the commercial use of the Licensed Work, the Distributor\
  \ who includes any of the Licensed Work in a commercial product offering should do so in a\
  \ manner which does not create potential liability for other Distributors. Therefore, if a\
  \ Distributor includes the Licensed Work in a commercial product offering or offers any Services,\
  \ such Distributor (\"COMMERCIAL DISTRIBUTOR\") hereby agrees to defend and indemnify every\
  \ other Distributor or Subsequent Contributor (in each case an \"INDEMNIFIED PARTY\") against\
  \ any losses, damages and costs (collectively \"LOSSES\") arising from claims, lawsuits and\
  \ other legal actions brought by a third party against the Indemnified Party to the extent\
  \ caused by the acts or omissions of such Commercial Distributor in connection with its distribution\
  \ of any of the Licensed Work in a commercial product offering or in connection with any Services.\
  \ The obligations in this section do not apply to any claims or Losses relating to any actual\
  \ or alleged intellectual property infringement. In order to qualify, an Indemnified Party\
  \ must: (a) promptly notify the Commercial Distributor in writing of such claim; and (b) allow\
  \ the Commercial Distributor to control, and co-operate with the Commercial Distributor in,\
  \ the defense and any related settlement negotiations. The Indemnified Party may participate\
  \ in any such claim at its own expense.\n\n5. VERSIONS OF THE LICENSE.\n\n5.1. NEW VERSIONS.\n\
  \nThe Initial Contributor may publish revised and/or new versions of the License from time\
  \ to time. Each version will be given a distinguishing version number.\n\n5.2. EFFECT OF NEW\
  \ VERSIONS.\n\nOnce the Licensed Work or any portion thereof has been published by Initial\
  \ Contributor under a particular version of the License, Recipient may choose to continue\
  \ to use it under the terms of that version. However, if a Recipient chooses to use the Licensed\
  \ Work under the terms of any subsequent version of the License published by the Initial Contributor,\
  \ then from the date of making this choice, the Recipient must comply with the terms of that\
  \ subsequent version with respect to all further reproduction, preparation of derivative works,\
  \ public display of, public performance of, distribution and sublicensing by the Recipient\
  \ in connection with the Licensed Work. No one other than the Initial Contributor has the\
  \ right to modify the terms applicable to the Licensed Work\n\n6. DISCLAIMER OF WARRANTY.\n\
  \n6.1. GENERAL DISCLAIMER.\n\nEXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE LICENSED\
  \ WORK IS PROVIDED UNDER THIS LICENSE ON AN \"AS IS\" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY,\
  \ GUARANTEE, ASSURANCE OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT\
  \ LIMITATION, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS\
  \ FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED\
  \ WORK IS WITH RECIPIENT. SHOULD ANY LICENSED WORK PROVE DEFECTIVE IN ANY RESPECT, RECIPIENT\
  \ (NOT THE INITIAL CONTRIBUTOR OR ANY SUBSEQUENT CONTRIBUTOR) ASSUMES THE COST OF ANY NECESSARY\
  \ SERVICING, REPAIR OR CORRECTION. THIS CLAUSE CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.\
  \ NO USE OF ANY LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS LICENSE INCLUDING\
  \ WITHOUT LIMITATION THIS DISCLAIMER.\n\n6.2. RESPONSIBILITY OF RECIPIENTS.\n\nEach Recipient\
  \ is solely responsible for determining the appropriateness of using and distributing the\
  \ Licensed Work and assumes all risks associated with its exercise of rights under this License,\
  \ including but not limited to the risks and costs of program errors, compliance with applicable\
  \ laws, damage to or loss of data, programs or equipment, and unavailability or interruption\
  \ of operations.\n\n7. TERMINATION.\n\n7.1. This License shall continue until terminated in\
  \ accordance with the express terms herein.\n\n7.2. Recipient may choose to terminate this\
  \ License automatically at any time.\n\n7.3. This License, including without limitation the\
  \ rights granted hereunder to a particular Recipient, will terminate automatically if such\
  \ Recipient is in material breach of any of the terms of this License and fails to cure such\
  \ breach within sixty (60) days of becoming aware of the breach. Without limiting the foregoing,\
  \ any material breach by such Recipient of any term of any other License under which such\
  \ Recipient is granted any rights to the Licensed Work shall constitute a material breach\
  \ of this License.\n\n7.4. Upon termination of this License by or with respect to a particular\
  \ Recipient for any reason, all rights granted hereunder and under any other License to that\
  \ Recipient shall terminate. However, all sublicenses to the Licensed Work which were previously\
  \ properly granted by such Recipient under a copy of this License (in each case, an \"Other\
  \ License\" and in plural, \"Other Licenses\") shall survive any such termination of this\
  \ License, including without limitation the rights and obligations under such Other Licenses\
  \ as set out in their respective Sections 2, 3, 4, 5, 6, 7 and 8, mutatis mutandis, for so\
  \ long as the respective sublicensees (i.e. other Recipients) remain in compliance with the\
  \ terms of the copy of this License under which such sublicensees received rights to the Licensed\
  \ Work. Any termination of such Other Licenses shall be pursuant to their respective Section\
  \ 7, mutatis mutandis. Provisions which, by their nature, must remain in effect beyond the\
  \ termination of this License shall survive.\n\n7.5. Upon any termination of this License\
  \ by or with respect to a particular Recipient, Sections 4.1, 4.2, 6.1, 6.2, 7.4, 7.5, 8.1,\
  \ and 8.2, together with all provisions of this License necessary for the interpretation and\
  \ enforcement of same, shall expressly survive such termination.\n\n8. LIMITATION OF LIABILITY.\n\
  \n8.1. IN NO EVENT SHALL ANY OF INITIAL CONTRIBUTOR, ITS SUBSIDIARIES, OR AFFILIATES, OR ANY\
  \ OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS (AS THE CASE MAY\
  \ BE), HAVE ANY LIABILITY FOR ANY DIRECT DAMAGES, INDIRECT DAMAGES, PUNITIVE DAMAGES, INCIDENTAL\
  \ DAMAGES, SPECIAL DAMAGES, EXEMPLARY DAMAGES, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES\
  \ WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA OR PROFITS, OR ANY OTHER LOSS\
  \ ARISING OUT OF OR IN ANY WAY RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE,\
  \ OR NON-PERFORMANCE OF THE LICENSED WORK OR ANY PART THEREOF OR THE PROVISION OF OR FAILURE\
  \ TO PROVIDE SUPPORT SERVICES, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION\
  \ OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE), HOWEVER CAUSED AND ON ANY THEORY\
  \ OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)\
  \ IN RELATION TO OR ARISING IN ANY WAY OUT OF THIS LICENSE OR THE USE OR DISTRIBUTION OF THE\
  \ LICENSED WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY\
  \ OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR\
  \ PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS\
  \ SUCH LIMITATION. THIS CLAUSE CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY\
  \ LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION\
  \ THE LIMITATIONS SET FORTH IN THIS SECTION 8.1.\n\n8.2. EXCEPT AS EXPRESSLY SET FORTH IN\
  \ THIS LICENSE, EACH RECIPIENT SHALL NOT HAVE ANY LIABILITY FOR ANY EXEMPLARY, OR CONSEQUENTIAL\
  \ DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF\
  \ LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)\
  \ ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE LICENSED WORK OR THE EXERCISE OF\
  \ ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION\
  \ OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH\
  \ PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.\n\n9. GOVERNING\
  \ LAW AND LEGAL ACTION.\n\n9.1. This License shall be governed by and construed in accordance\
  \ with the laws of the Governing Jurisdiction assigned in Part 3 of Exhibit A, without regard\
  \ to its conflict of law provisions. No party may bring a legal action under this License\
  \ more than one year after the cause of the action arose. Each party waives its rights (if\
  \ any) to a jury trial in any litigation arising under this License. Note that if the Governing\
  \ Jurisdiction is not assigned in Part 3 of Exhibit A, then the Governing Jurisdiction shall\
  \ be the State of New York.\n\n9.2. The courts of the Governing Jurisdiction shall have jurisdiction,\
  \ but not exclusive jurisdiction, to entertain and determine all disputes and claims, whether\
  \ for specific performance, injunction, damages or otherwise, both at law and in equity, arising\
  \ out of or in any way relating to this License, including without limitation, the legality,\
  \ validity, existence and enforceability of this License. Each party to this License hereby\
  \ irrevocably attorns to and accepts the jurisdiction of the courts of the Governing Jurisdiction\
  \ for such purposes.\n\n9.3. Except as expressly set forth elsewhere herein, in the event\
  \ of any action or proceeding brought by any party against another under this License the\
  \ prevailing party shall be entitled to recover all costs and expenses including the fees\
  \ of its attorneys in such action or proceeding in such amount as the court may adjudge reasonable.\n\
  \n10. MISCELLANEOUS.\n\n10.1. The obligations imposed by this License are for the benefit\
  \ of the Initial Contributor and any Recipient, and each Recipient acknowledges and agrees\
  \ that the Initial Contributor and/or any other Recipient may enforce the terms and conditions\
  \ of this License against any Recipient.\n\n10.2. This License represents the complete agreement\
  \ concerning subject matter hereof, and supersedes and cancels all previous oral and written\
  \ communications, representations, agreements and understandings between the parties with\
  \ respect to the subject matter hereof.\n\n10.3. The application of the United Nations Convention\
  \ on Contracts for the International Sale of Goods is expressly excluded.\n\n10.4. The language\
  \ in all parts of this License shall be in all cases construed simply according to its fair\
  \ meaning, and not strictly for or against any of the parties hereto. Any law or regulation\
  \ which provides that the language of a contract shall be construed against the drafter shall\
  \ not apply to this License.\n\n10.5. If any provision of this License is invalid or unenforceable\
  \ 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.\n\n10.6. 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.\n\n10.7. 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.\n\n10.8. The parties hereto acknowledge\
  \ they have expressly required that this\nLicense and notices relating thereto be drafted\
  \ in the English language.\n\n//***THE LICENSE TERMS END HERE (OTHER THAN AS SET OUT IN EXHIBIT\
  \ A).***//\n\nEXHIBIT A (to the Adaptive Public License)\n\nPART 1: INITIAL CONTRIBUTOR AND\
  \ DESIGNATED WEB SITE\n\nThe Initial Contributor is:\t \n \t\n[Enter full name of Initial\
  \ Contributor]\n\nAddress of Initial Contributor:\t \n \t \n \t \n \t\n[Enter address above]\n\
  \nThe Designated Web Site is:\t \n \t\n[Enter URL for Designated Web Site of Initial Contributor]\n\
  NOTE: The Initial Contributor is to complete this Part 1, along with Parts 2, 3, and 5, and,\
  \ if applicable, Parts 4 and 6.\n\nPART 2: INITIAL WORK\n\nThe Initial Work comprises the\
  \ computer program(s) distributed by the Initial Contributor having the following title(s):\
  \  .\n\nThe date on which the Initial Work was first available under this License:  \n\nPART\
  \ 3: GOVERNING JURISDICTION\n\nFor the purposes of this License, the Governing Jurisdiction\
  \ is  . \n[Initial Contributor to Enter Governing Jurisdiction here]\n\nPART 4: THIRD PARTIES\n\
  \nFor 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.\n\nSELECTION\t\
  \ \nBOX\tPARAGRAPH\n[  ]\tA. \"THIRD PARTY\" means any third party.\n \t \n[  ]\tB. \"THIRD\
  \ PARTY\" means any third party except for any of the following:\n(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).\n \t \n[  ]\tC. \"THIRD PARTY\" means any\
  \ third party except for any of the following:\n(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.\n \t\
  \ \n[  ]\tD. \"THIRD PARTY\" means any third party except for any Person directly\nor indirectly\
  \ controlled by the Subsequent Contributor. For purposes of this\ndefinition, \"control\"\
  \ shall mean the power to direct or cause the direction\nof, the management and policies of\
  \ such Person whether through the ownership\nof voting interests, by contract, or otherwise.\n\
  \ \t \n[  ]\tE. \"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.\nThe 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.\n\nPART 5: NOTICE\n\nTHE 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]\n\nSoftware 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.\n\
  \nPART 6: PATENT LICENSING TERMS\n\nFor 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.\n\nIs this a Patents-Included License\
  \ pursuant to Section 2.2 of the License?\n\nYES\t[      ]\nNO\t[      ]\n\nBy default, if\
  \ YES is not selected by the Initial Contributor, the answer is NO.\n\nA. 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.\n\nB. 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.\n\nC. 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:\n\n(1) Modifications made by that Subsequent\
  \ Contributor (or portions thereof); and\n\n(2) the combination of Modifications made by that\
  \ Subsequent Contributor with its Subsequent Work (or portions of such combination);\n\n(collectively\
  \ and in each case, the \"SUBSEQUENT CONTRIBUTOR VERSION\").\n\nNotwithstanding 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.\n\nD. 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.\n\nE. 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.\n\nPART 7: SAMPLE REQUIREMENTS\
  \ FOR THE DESCRIPTION OF DISTRIBUTED MODIFICATIONS\n\nEach 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.***//"