key: bittorrent-1.0 short_name: BitTorrent 1.0 name: BitTorrent Open Source License 1.0 category: Copyleft Limited owner: BitTorrent, Inc. homepage_url: http://www.bittorrent.com/license/ spdx_license_key: BitTorrent-1.0 text_urls: - http://web.archive.org/web/20050209224501/http://www.bittorrent.com/license/ - http://www.bittorrent.com/license/ - https://spdx.org/licenses/BitTorrent-1.0.html other_urls: - http://sources.gentoo.org/cgi-bin/viewvc.cgi/gentoo-x86/licenses/BitTorrent?r1=1.1&r2=1.1.1.1&diff_format=s ignorable_urls: - http://www.bittorrent.com/license text: "BitTorrent Open Source License\n\nVersion 1.0\n\nThis BitTorrent Open Source License\ \ (the \"License\") applies to the BitTorrent client and related software products as\nwell\ \ as any updates or maintenance releases of that software (\"BitTorrent Products\") that are\ \ distributed by\nBitTorrent, Inc. (\"Licensor\"). Any BitTorrent Product licensed pursuant\ \ to this License is a Licensed Product.\nLicensed Product, in its entirety, is protected\ \ by U.S. copyright law. This License identifies the terms under which\nyou may use, copy,\ \ distribute or modify Licensed Product. \n\nPreamble\n\nThis Preamble is intended to describe,\ \ in plain English, the nature and scope of this License. However, this\nPreamble is not\ \ a part of this license. The legal effect of this License is dependent only upon the terms\ \ of the\nLicense and not this Preamble.\n\nThis License complies with the Open Source Definition\ \ and is derived from the Jabber Open Source License 1.0 (the\n\"JOSL\"), which has been approved\ \ by Open Source Initiative. Sections 4(c) and 4(f)(iii) from the JOSL have been\ndropped.\n\ \nThis License provides that:\n\n1. You may use, sell or give away the Licensed Product,\ \ alone or as a component of an aggregate software\ndistribution containing programs from\ \ several different sources. No royalty or other fee is required.\n\n2. Both Source\ \ Code and executable versions of the Licensed Product, including Modifications made by previous\n\ Contributors, are available for your use. (The terms \"Licensed Product,\" \"Modifications,\"\ \ \"Contributors\" and \"Source\nCode\" are defined in the License.)\n\n3. You are allowed\ \ to make Modifications to the Licensed Product, and you can create Derivative Works from\ \ it.\n(The term \"Derivative Works\" is defined in the License.)\n\n4. By accepting\ \ the Licensed Product under the provisions of this License, you agree that any Modifications\ \ you\nmake to the Licensed Product and then distribute are governed by the provisions of\ \ this License. In particular, you\nmust make the Source Code of your Modifications available\ \ to others.\n\n5. You may use the Licensed Product for any purpose, but the Licensor\ \ is not providing you any warranty\nwhatsoever, nor is the Licensor accepting any liability\ \ in the event that the Licensed Product doesn't work properly\nor causes you any injury or\ \ damages.\n\n6. If you sublicense the Licensed Product or Derivative Works, you may\ \ charge fees for warranty or support, or\nfor accepting indemnity or liability obligations\ \ to your customers. You cannot charge for the Source Code.\n\n7. If you assert any\ \ patent claims against the Licensor relating to the Licensed Product, or if you breach any\n\ terms of the License, your rights to the Licensed Product under this License automatically\ \ terminate.\n\nYou may use this License to distribute your own Derivative Works, in which\ \ case the provisions of this License will\napply to your Derivative Works just as they do\ \ to the original Licensed Product.\n\nAlternatively, you may distribute your Derivative Works\ \ under any other OSI-approved Open Source license, or under a\nproprietary license of your\ \ choice. If you use any license other than this License, however, you must continue to\n\ fulfill the requirements of this License (including the provisions relating to publishing\ \ the Source Code) for those\nportions of your Derivative Works that consist of the Licensed\ \ Product, including the files containing Modifications.\n\nNew versions of this License may\ \ be published from time to time. You may choose to continue to use the license\nterms in\ \ this version of the License or those from the new version. However, only the Licensor has\ \ the right to\nchange the License terms as they apply to the Licensed Product. \n\nThis License\ \ relies on precise definitions for certain terms. Those terms are defined when they are\ \ first used, and\nthe definitions are repeated for your convenience in a Glossary at the\ \ end of the License.\n\n\nLicense Terms\n\n1. Grant of License From Licensor. Licensor\ \ hereby grants you a world-wide, royalty-free, non-exclusive\nlicense, subject to third party\ \ intellectual property claims, to do the following:\n\na. Use, reproduce, modify, display,\ \ perform, sublicense and distribute any Modifications created by such\nContributor or portions\ \ thereof, in both Source Code or as an executable program, either on an unmodified basis\ \ or as\npart of Derivative Works.\n\nb. Under claims of patents now or hereafter owned\ \ or controlled by Contributor, to make, use, sell, offer for\nsale, have made, and/or otherwise\ \ dispose of Modifications or portions thereof, but solely to the extent that any\nsuch claim\ \ is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise\ \ dispose of\nModifications or portions thereof or Derivative Works thereof.\n\n\n2. Grant\ \ of License to Modifications From Contributor. \"Modifications\" means any additions to or\ \ deletions from the\nsubstance or structure of (i) a file containing Licensed Product, or\ \ (ii) any new file that contains any part of\nLicensed Product. Hereinafter in this License,\ \ the term \"Licensed Product\" shall include all previous Modifications\nthat you receive\ \ from any Contributor. By application of the provisions in Section 4(a) below, each person\ \ or entity\nwho created or contributed to the creation of, and distributed, a Modification\ \ (a \"Contributor\") hereby grants you a\nworld-wide, royalty-free, non-exclusive license,\ \ subject to third party intellectual property claims, to do the\nfollowing:\n\n 1. Use,\ \ reproduce, modify, display, perform, sublicense and distribute any Modifications created\ \ by such\nContributor or portions thereof, in both Source Code or as an executable program,\ \ either on an unmodified basis or as\npart of Derivative Works.\n\n 2. Under claims of\ \ patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for\n\ sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely\ \ to the extent that any\nsuch claim is necessary to enable you to make, use, sell, offer\ \ for sale, have made, and/or otherwise dispose of\nModifications or portions thereof or Derivative\ \ Works thereof. \n\n\n3. Exclusions From License Grant. Nothing in this License shall\ \ be deemed to grant any rights to trademarks,\ncopyrights, patents, trade secrets or any\ \ other intellectual property of Licensor or any Contributor except as\nexpressly stated herein.\ \ No patent license is granted separate from the Licensed Product, for code that you delete\n\ from the Licensed Product, or for combinations of the Licensed Product with other software\ \ or hardware. No right is\ngranted to the trademarks of Licensor or any Contributor even\ \ if such marks are included in the Licensed Product.\nNothing in this License shall be interpreted\ \ to prohibit Licensor from licensing under different terms from this\nLicense any code that\ \ Licensor otherwise would have a right to license.\n\n\n4. Your Obligations Regarding\ \ Distribution. \n\na. Application of This License to Your Modifications. As an express\ \ condition for your use of the Licensed\nProduct, you hereby agree that any Modifications\ \ that you create or to which you contribute, and which you\ndistribute, are governed by the\ \ terms of this License including, without limitation, Section 2. Any Modifications\nthat\ \ you create or to which you contribute may be distributed only under the terms of this License\ \ or a future\nversion of this License released under Section 7. You must include a copy\ \ of this License with every copy of the\nModifications you distribute. You agree not to\ \ offer or impose any terms on any Source Code or executable version of\nthe Licensed Product\ \ or Modifications that alter or restrict the applicable version of this License or the\n\ recipients' rights hereunder. However, you may include an additional document offering the\ \ additional rights\ndescribed in Section 4(d).\n\nb. Availability of Source Code. \ \ You must make available, under the terms of this License, the Source Code of\nthe Licensed\ \ Product and any Modifications that you distribute, either on the same media as you distribute\ \ any\nexecutable or other form of the Licensed Product, or via a mechanism generally accepted\ \ in the software development\ncommunity for the electronic transfer of data (an \"Electronic\ \ Distribution Mechanism\"). The Source Code for any\nversion of Licensed Product or Modifications\ \ that you distribute must remain available for at least twelve (12)\nmonths after the date\ \ it initially became available, or at least six (6) months after a subsequent version of\ \ said\nLicensed Product or Modifications has been made available. You are responsible for\ \ ensuring that the Source Code\nversion remains available even if the Electronic Distribution\ \ Mechanism is maintained by a third party.\n\nc. Intellectual Property Matters. \n\ \n i. Third Party Claims. If you have knowledge\ \ that a license to a third\nparty's intellectual property right is required to exercise the\ \ rights granted by this License, you must include a\ntext file with the Source Code distribution\ \ titled \"LEGAL\" that describes the claim and the party making the claim in\nsufficient\ \ detail that a recipient will know whom to contact. If you obtain such knowledge after you\ \ make any\nModifications available as described in Section 4(b), you shall promptly modify\ \ the LEGAL file in all copies you make\navailable thereafter and shall take other steps (such\ \ as notifying appropriate mailing lists or newsgroups)\nreasonably calculated to inform those\ \ who received the Licensed Product from you that new knowledge has been\nobtained.\n\n \ \ ii. Contributor APIs. If your Modifications include\ \ an application\nprogramming interface (\"API\") and you have knowledge of patent licenses\ \ that are reasonably necessary to implement\nthat API, you must also include this information\ \ in the LEGAL file.\n\n iii. Representations. You\ \ represent that, except as disclosed pursuant to\n4(c)(i) above, you believe that any Modifications\ \ you distribute are your original creations and that you have\nsufficient rights to grant\ \ the rights conveyed by this License.\n\nd. Required Notices. You must duplicate this\ \ License in any documentation you provide along with the Source\nCode of any Modifications\ \ you create or to which you contribute, and which you distribute, wherever you describe\n\ recipients' rights relating to Licensed Product. You must duplicate the notice contained\ \ in Exhibit A (the \"Notice\")\nin each file of the Source Code of any copy you distribute\ \ of the Licensed Product. If you created a Modification,\nyou may add your name as a Contributor\ \ to the Notice. If it is not possible to put the Notice in a particular Source\nCode file\ \ due to its structure, then you must include such Notice in a location (such as a relevant\ \ directory file)\nwhere a user would be likely to look for such a notice. You may choose\ \ to offer, and charge a fee for, warranty,\nsupport, indemnity or liability obligations to\ \ one or more recipients of Licensed Product. However, you may do so\nonly on your own behalf,\ \ and not on behalf of the Licensor or any Contributor. You must make it clear that any such\n\ warranty, support, indemnity or liability obligation is offered by you alone, and you hereby\ \ agree to indemnify the\nLicensor and every Contributor for any liability incurred by the\ \ Licensor or such Contributor as a result of\nwarranty, support, indemnity or liability terms\ \ you offer.\n\ne. Distribution of Executable Versions. You may distribute Licensed\ \ Product as an executable program under a\nlicense of your choice that may contain terms\ \ different from this License provided (i) you have satisfied the\nrequirements of Sections\ \ 4(a) through 4(d) for that distribution, (ii) you include a conspicuous notice in the\n\ executable version, related documentation and collateral materials stating that the Source\ \ Code version of the\nLicensed Product is available under the terms of this License, including\ \ a description of how and where you have\nfulfilled the obligations of Section 4(b), and\ \ (iii) you make it clear that any terms that differ from this License\nare offered by you\ \ alone, not by Licensor or any Contributor. You hereby agree to indemnify the Licensor and\ \ every\nContributor for any liability incurred by Licensor or such Contributor as a result\ \ of any terms you offer. \n\nf. Distribution of Derivative Works. You may create Derivative\ \ Works (e.g., combinations of some or all of the\nLicensed Product with other code) and distribute\ \ the Derivative Works as products under any other license you select,\nwith the proviso that\ \ the requirements of this License are fulfilled for those portions of the Derivative Works\ \ that\nconsist of the Licensed Product or any Modifications thereto. \n\n\n5. Inability\ \ to Comply Due to Statute or Regulation. If it is impossible for you to comply with any\ \ of the\nterms of this License with respect to some or all of the Licensed Product due to\ \ statute, judicial order, or\nregulation, then you must (i) comply with the terms of this\ \ License to the maximum extent possible, (ii) cite the\nstatute or regulation that prohibits\ \ you from adhering to the License, and (iii) describe the limitations and the\ncode they\ \ affect. Such description must be included in the LEGAL file described in Section 4(d), and\ \ must be included\nwith all distributions of the Source Code. Except to the extent prohibited\ \ by statute or regulation, such\ndescription must be sufficiently detailed for a recipient\ \ of ordinary skill at computer programming to be able to\nunderstand it. \n\n\n6. Application\ \ of This License. This License applies to code to which Licensor or Contributor has attached\ \ the\nNotice in Exhibit A, which is incorporated herein by this reference.\n\n\n7. Versions\ \ of This License.\n\na. New Versions. Licensor may publish from time to time revised\ \ and/or new versions of the License. \n\nb. Effect of New Versions. Once Licensed\ \ Product has been published under a particular version of the License,\nyou may always continue\ \ to use it under the terms of that version. You may also choose to use such Licensed Product\n\ under the terms of any subsequent version of the License published by Licensor. No one other\ \ than Licensor has the\nright to modify the terms applicable to Licensed Product created\ \ under this License.\n\nc. Derivative Works of this License. If you create or use\ \ a modified version of this License, which you may do\nonly in order to apply it to software\ \ that is not already a Licensed Product under this License, you must rename your\nlicense\ \ so that it is not confusingly similar to this License, and must make it clear that your\ \ license contains\nterms that differ from this License. In so naming your license, you may\ \ not use any trademark of Licensor or any\nContributor.\n\n\n8. Disclaimer of Warranty.\ \ LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY\nOF\ \ ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE\ \ LICENSED PRODUCT IS FREE\nOF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.\ \ THE ENTIRE RISK AS TO THE QUALITY AND\nPERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU.\ \ SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU (AND\nNOT THE LICENSOR OR ANY\ \ OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS\n\ DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED PRODUCT\ \ IS AUTHORIZED\nHEREUNDER EXCEPT UNDER THIS DISCLAIMER.\n\n\n9. Termination. \n\na.\ \ Automatic Termination Upon Breach. This license and the rights granted hereunder\ \ will terminate\nautomatically if you fail to comply with the terms herein and fail to cure\ \ such breach within thirty (30) days of\nbecoming aware of the breach. All sublicenses to\ \ the Licensed Product that are properly granted shall survive any\ntermination of this license.\ \ Provisions that, by their nature, must remain in effect beyond the termination of this\n\ License, shall survive.\n\nb. Termination Upon Assertion of Patent Infringement. If\ \ you initiate litigation by asserting a patent\ninfringement claim (excluding declaratory\ \ judgment actions) against Licensor or a Contributor (Licensor or\nContributor against whom\ \ you file such an action is referred to herein as Respondent) alleging that Licensed Product\n\ directly or indirectly infringes any patent, then any and all rights granted by such Respondent\ \ to you under Sections\n1 or 2 of this License shall terminate prospectively upon sixty (60)\ \ days notice from Respondent (the \"Notice\nPeriod\") unless within that Notice Period you\ \ either agree in writing (i) to pay Respondent a mutually agreeable\nreasonably royalty for\ \ your past or future use of Licensed Product made by such Respondent, or (ii) withdraw your\n\ litigation claim with respect to Licensed Product against such Respondent. If within said\ \ Notice Period a reasonable\nroyalty and payment arrangement are not mutually agreed upon\ \ in writing by the parties or the litigation claim is not\nwithdrawn, the rights granted\ \ by Licensor to you under Sections 1 and 2 automatically terminate at the expiration of\n\ said Notice Period.\n\nc. Reasonable Value of This License. If you assert a patent\ \ infringement claim against Respondent alleging\nthat Licensed Product directly or indirectly\ \ infringes any patent where such claim is resolved (such as by license or\nsettlement) prior\ \ to the initiation of patent infringement litigation, then the reasonable value of the licenses\n\ granted by said Respondent under Sections 1 and 2 shall be taken into account in determining\ \ the amount or value of\nany payment or license.\n\nd. No Retroactive Effect of Termination.\ \ In the event of termination under Sections 9(a) or 9(b) above, all\nend user license agreements\ \ (excluding licenses to distributors and resellers) that have been validly granted by you\n\ or any distributor hereunder prior to termination shall survive termination.\n\n\n10. Limitation\ \ of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING\ \ NEGLIGENCE),\nCONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR\ \ OF LICENSED PRODUCT, OR ANY SUPPLIER\nOF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR\ \ ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF\nANY CHARACTER INCLUDING,\ \ WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR\nMALFUNCTION,\ \ OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED\ \ OF THE\nPOSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY\ \ FOR DEATH OR PERSONAL INJURY\nRESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE\ \ LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO\nNOT ALLOW THE EXCLUSION OR LIMITATION\ \ OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY\nNOT APPLY\ \ TO YOU. \n\n\n11. Responsibility for Claims. As between Licensor and Contributors, each\ \ party is responsible for claims and\ndamages arising, directly or indirectly, out of its\ \ utilization of rights under this License. You agree to work with\nLicensor and Contributors\ \ to distribute such responsibility on an equitable basis. Nothing herein is intended or\n\ shall be deemed to constitute any admission of liability.\n\n\n12. U.S. Government End Users.\ \ The Licensed Product is a commercial item, as that term is defined in 48 C.F.R.\n2.101\ \ (Oct. 1995), consisting of commercial computer software and commercial computer software\ \ documentation, as such\nterms 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\n227.7202-4 (June 1995), all U.S. Government\ \ End Users acquire Licensed Product with only those rights set forth\nherein.\n\n\n13. Miscellaneous.\ \ This License represents the complete agreement concerning the subject matter hereof. If\ \ any\nprovision of this License is held to be unenforceable, such provision shall be reformed\ \ only to the extent necessary\nto make it enforceable. This License shall be governed by\ \ California law provisions (except to the extent applicable\nlaw, if any, provides otherwise),\ \ excluding its conflict-of-law provisions. You expressly agree that any litigation\nrelating\ \ to this license shall be subject to the jurisdiction of the Federal Courts of the Northern\ \ District of\nCalifornia or the Superior Court of the County of Santa Clara, California (as\ \ appropriate), with venue lying in Santa\nClara County, California, with the losing party\ \ responsible for costs including, without limitation, court costs and\nreasonable attorneys\ \ fees and expenses. The application of the United Nations Convention on Contracts for the\n\ International Sale of Goods is expressly excluded. You and Licensor expressly waive any rights\ \ to a jury trial in\nany litigation concerning Licensed Product or this License. Any law\ \ or regulation that provides that the language of\na contract shall be construed against\ \ the drafter shall not apply to this License.\n\n\n14. Definition of You in This License.\ \ You throughout this License, whether in upper or lower case, means an\nindividual or a legal\ \ entity exercising rights under, and complying with all of the terms of, this License or\ \ a\nfuture version of this License issued under Section 7. For legal entities, you includes\ \ any entity that controls, is\ncontrolled by, or is under common control with you. For purposes\ \ of this definition, control means (i) the power,\ndirect or indirect, to cause the direction\ \ or management of such entity, whether by contract or otherwise, or (ii)\nownership of fifty\ \ percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.\n\ \n\n15. Glossary. All defined terms in this License that are used in more than one Section\ \ of this License are repeated\nhere, in alphabetical order, for the convenience of the reader.\ \ The Section of this License in which each defined\nterm is first used is shown in parentheses.\ \ \n\nContributor: Each person or entity who created or contributed to the creation of, and\ \ distributed, a Modification.\n(See Section 2)\n\nDerivative Works: That term as used in\ \ this License is defined under U.S. copyright law. (See Section 1(b))\n\nLicense: This\ \ BitTorrent Open Source License. (See first paragraph of License)\n\nLicensed Product: \ \ Any BitTorrent Product licensed pursuant to this License. The term \"Licensed Product\"\ \ includes\nall previous Modifications from any Contributor that you receive. (See first\ \ paragraph of License and Section 2)\n\nLicensor: BitTorrent, Inc. (See first paragraph\ \ of License)\n\nModifications: Any additions to or deletions from the substance or structure\ \ of (i) a file containing Licensed\nProduct, or (ii) any new file that contains any part\ \ of Licensed Product. (See Section 2)\n\nNotice: The notice contained in Exhibit A. (See\ \ Section 4(e))\n\nSource Code: The preferred form for making modifications to the Licensed\ \ Product, including all modules contained\ntherein, plus any associated interface definition\ \ files, scripts used to control compilation and installation of an\nexecutable program, or\ \ a list of differential comparisons against the Source Code of the Licensed Product. (See\n\ Section 1(a))\n\nYou: This term is defined in Section 14 of this License.\n\n\nEXHIBIT A\n\ \nThe Notice below must appear in each file of the Source Code of any copy you distribute\ \ of the Licensed Product or\nany hereto. Contributors to any Modifications may add their\ \ own copyright notices to identify their own\ncontributions.\n\nLicense:\n\nThe contents\ \ of this file are subject to the BitTorrent Open Source License Version 1.0 (the License).\ \ You may not\ncopy or use this file, in either source code or executable form, except in\ \ compliance with the License. You may\nobtain a copy of the License at http://www.bittorrent.com/license/.\n\ \nSoftware distributed under the License is distributed on an AS IS basis, WITHOUT WARRANTY\ \ OF ANY KIND, either express\nor implied. See the License for the specific language governing\ \ rights and limitations under the License."