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Health Administration Corporation Open Source License 1.2
Health Administration Corp (NSW Department of Health)
- Copyright (c) 2004, 2005 Health Administration Corporation
- Health Administration Corporation
HEALTH ADMINISTRATION CORPORATION OPEN SOURCE LICENSE VERSION 1.2
"Commercial Use" shall mean distribution or otherwise making the
Covered Software available to a third party.
"Contributor" shall mean each entity that creates or contributes to
the creation of Modifications.
"Contributor Version" shall mean in case of any Contributor the
combination of the Original Software, prior Modifications used by a
Contributor, and the Modifications made by that particular Contributor
and in case of Health Administration Corporation in addition the
Original Software in any form, including the form as Executable.
"Covered Software" shall mean the Original Software or Modifications
or the combination of the Original Software and Modifications, in
each case including portions thereof.
"Electronic Distribution Mechanism" shall mean a mechanism generally
accepted in the software development community for the electronic
transfer of data.
"Executable" shall mean Covered Software in any form other than
"Initial Developer" shall mean the individual or entity identified as
the Initial Developer in the Source Code notice required by Exhibit A.
"Health Administration Corporation" shall mean the Health
Administration Corporation as established by the Health Administration
Act 1982, as amended, of the State of New South Wales, Australia. The
Health Administration Corporation has its offices at 73 Miller Street,
North Sydney, New South Wales 2059, Australia.
"Larger Work" shall mean a work, which combines Covered Software or
portions thereof with code not governed by the terms of this License.
"License" shall mean this document.
"Licensable" shall mean 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 conveyed herein.
"Modifications" shall mean any addition to or deletion from the
substance or structure of either the Original Software or any previous
Modifications. When Covered Software is released as a series of files,
a Modification is:
a) Any addition to or deletion from the contents of a file
containing Original Software or previous Modifications.
b) Any new file that contains any part of the Original Software or
"Original Software" shall mean the Source Code of computer software
code which is described in the Source Code notice required by Exhibit
A as Original Software, and which, at the time of its release under
this License is not already Covered Software governed by this License.
"Patent Claims" shall mean any patent claim(s), now owned or hereafter
acquired, including without limitation, method, process, and apparatus
claims, in any patent Licensable by grantor.
"Source Code" shall mean the preferred form of the Covered Software
for making modifications to it, including all modules it contains,
plus any associated interface definition files, scripts used to
control compilation and installation of an Executable, or source
code differential comparisons against either the Original Software or
another well known, available Covered Software of the Contributor's
choice. The Source Code can be in a compressed or archival form,
provided the appropriate decompression or de-archiving software is
widely available for no charge.
"You" (or "Your") shall mean 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 6.1. For legal
entities, "You" includes an entity which controls, is controlled
by, or is under common control with You. For the purposes of this
definition, "control" means (a) the power, direct or indirect,
to cause the direction or management of such entity, whether by
contract or otherwise, or (b) ownership of more than fifty per cent
(50%) of the outstanding shares or beneficial ownership of such entity.
2. SOURCE CODE LICENSE.
2.1 Health Administration Corporation Grant.
Subject to the terms of this License, Health Administration Corporation
hereby grants You a world-wide, royalty-free, non-exclusive license,
subject to third party intellectual property claims:
a) under copyrights Licensable by Health Administration Corporation
to use, reproduce, modify, display, perform, sublicense and
distribute the Original Software (or portions thereof) with or without
Modifications, and/or as part of a Larger Work;
b) and under Patents Claims infringed by the making, using or selling
of Original Software, to make, have made, use, practice, sell, and
offer for sale, and/or otherwise dispose of the Original Software
(or portions thereof).
c) The licenses granted in this Section 2.1(a) and (b) are effective
on the date Health Administration Corporation first distributes
Original Software under the terms of this License.
d) Notwithstanding Section 2.1(b) above, no patent license is granted:
1) for code that You delete from the Original Software; 2) separate
from the Original Software; or 3) for infringements caused by: i)
the modification of the Original Software or ii) the combination of
the Original Software with other software or devices.
2.2 Contributor Grant.
Subject to the terms of this License and subject to third party
intellectual property claims, each Contributor hereby grants You a
world-wide, royalty-free, non-exclusive license:
a) under copyrights Licensable by Contributor, to use, reproduce,
modify, display, perform, sublicense and distribute the Modifications
created by such Contributor (or portions thereof) either on an
unmodified basis, with other Modifications, as Covered Software and/or
as part of a Larger Work; and
b) under Patent Claims necessarily infringed by the making, using,
or selling of Modifications made by that Contributor either alone
and/or in combination with its Contributor Version (or portions of
such combination), to make, use, sell, offer for sale, have made,
and/or otherwise dispose of: 1) Modifications made by that Contributor
(or portions thereof); and 2) the combination of Modifications made
by that Contributor with its Contributor Version (or portions of
c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective
on the date Contributor first makes Commercial Use of the Covered
d) Notwithstanding Section 2.2(b) above, no patent license is granted:
1) for any code that Contributor has deleted from the Contributor
Version; 2) separate from the Contributor Version; 3) for infringements
caused by: i) third party modifications of Contributor Version or ii)
the combination of Modifications made by that Contributor with other
software (except as part of the Contributor Version) or other devices;
or 4) under Patent Claims infringed by Covered Software in the absence
of Modifications made by that Contributor.
3. DISTRIBUTION OBLIGATIONS.
3.1 Application of License.
The Modifications which You create or to which You contribute are governed
by the terms of this License, including without limitation Section
2.2. The Source Code version of Covered Software may be distributed
only under the terms of this License or a future version of this License
released under Section 6.1, and You must include a copy of this License
with every copy of the Source Code You distribute. You may not offer or
impose any terms on any Source Code version that alters or restricts the
applicable version of this License or the recipients' rights hereunder.
3.2 Availability of Source Code.
Any Modification which You create or to which You contribute must be made
available in Source Code form under the terms of this License either on
the same media as an Executable version or via an accepted Electronic
Distribution Mechanism to anyone to whom you made an Executable version
available; and if made available via Electronic Distribution Mechanism,
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 that particular Modification has been made available to
such recipients. You are responsible for ensuring that the Source Code
version remains available even if the Electronic Distribution Mechanism
is maintained by a third party.
3.3 Description of Modifications.
You must cause all Covered Software to which You contribute to contain
a file documenting the changes You made to create that Covered Software
and the date of any change. You must include a prominent statement that
the Modification is derived, directly or indirectly, from Original
Software provided by Health Administration Corporation and including
the name of Health Administration Corporation in (a) the Source Code,
and (b) in any notice in an Executable version or related documentation
in which You describe the origin or ownership of the Covered Software.
3.4 Intellectual Property Matters
a) Third Party Claims.
If Contributor has knowledge that a license under a third party's
intellectual property rights is required to exercise the rights
granted by such Contributor under Sections 2.1 or 2.2, Contributor
must include a text file with the Source Code distribution titled
"LEGAL'' which describes the claim and the party making the claim
in sufficient detail that a recipient will know whom to contact. If
Contributor obtains such knowledge after the Modification is made
available as described in Section 3.2, Contributor shall promptly
modify the LEGAL file in all copies Contributor makes available
thereafter and shall take other steps (such as notifying appropriate
mailing lists or newsgroups) reasonably calculated to inform those
who received the Covered Software that new knowledge has been obtained.
b) Contributor APIs.
If Contributor's Modifications include an application programming
interface (API) and Contributor has knowledge of patent licenses
which are reasonably necessary to implement that API, Contributor
must also include this information in the LEGAL file.
Contributor represents that, except as disclosed pursuant to Section
3.4(a) above, Contributor believes that Contributor's Modifications are
Contributor's original creation(s) and/or Contributor has sufficient
rights to grant the rights conveyed by this License.
3.5 Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source
Code. If it is not possible to put such 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) where a user would be likely to
look for such a notice. If You created one or more Modification(s) You
may add your name as a Contributor to the notice described in Exhibit
A. You must also duplicate this License in any documentation for the
Source Code where You describe recipients' rights or ownership rights
relating to Covered Software. You may choose to offer, and to charge a
fee for, warranty, support, indemnity or liability obligations to one or
more recipients of Covered Software. However, You may do so only on Your
own behalf, and not on behalf of Health Administration Corporation or any
Contributor. You must make it absolutely clear that any such warranty,
support, indemnity or liability obligation is offered by You alone,
and You hereby agree to indemnify Health Administration Corporation and
every Contributor for any liability incurred by Health Administration
Corporation or such Contributor as a result of warranty, support,
indemnity or liability terms You offer.
3.6 Distribution of Executable Versions.
You may distribute Covered Software in Executable form only if the
requirements of Sections 3.1-3.5 have been met for that Covered Software,
and if You include a notice stating that the Source Code version of the
Covered Software is available under the terms of this License, including
a description of how and where You have fulfilled the obligations of
Section 3.2. The notice must be conspicuously included in any notice in
an Executable version, related documentation or collateral in which You
describe recipients' rights relating to the Covered Software. You may
distribute the Executable version of Covered Software or ownership rights
under a license of Your choice, which may contain terms different from
this License, provided that You are in compliance with the terms of this
License and that the license for the Executable version does not attempt
to limit or alter the recipient's rights in the Source Code version from
the rights set forth in this License. If You distribute the Executable
version under a different license You must make it absolutely clear
that any terms which differ from this License are offered by You alone,
not by Health Administration Corporation or any Contributor. You hereby
agree to indemnify Health Administration Corporation and every Contributor
for any liability incurred by Health Administration Corporation or such
Contributor as a result of any such terms You offer.
3.7 Larger Works.
You may create a Larger Work by combining Covered Software with other
software not governed by the terms of this License and distribute the
Larger Work as a single product. In such a case, You must make sure the
requirements of this License are fulfilled for the Covered Software.
4. 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 Covered Software due to
statute, judicial order, or regulation then You must: (a) comply with the
terms of this License to the maximum extent possible; and (b) describe the
limitations and the code they affect. Such description must be included
in the LEGAL file described in Section 3.4 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 to be able to understand it.
5. APPLICATION OF THIS LICENSE.
This License applies to code to which Health Administration Corporation
has attached the notice in Exhibit A and to related Covered Software.
6. VERSIONS OF THE LICENSE.
6.1 New Versions.
Health Administration Corporation may publish revised and/or new
versions of the License from time to time. Each version will be given
a distinguishing version number.
6.2 Effect of New Versions.
Once Covered Software 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 Covered Software under
the terms of any subsequent version of the License published by Health
Administration Corporation. No one other than Health Administration
Corporation has the right to modify the terms applicable to Covered
Software created under this License.
7. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS
WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU
(NOT HEALTH ADMINISTRATION CORPORATION, ITS LICENSORS OR AFFILIATES 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 ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER
EXCEPT UNDER THIS DISCLAIMER.
8.1 This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to
cure such breach within 30 days of becoming aware of the breach. All
sublicenses to the Covered Software which are properly granted shall
survive any termination of this License. Provisions which, by their
nature, must remain in effect beyond the termination of this License
8.2 If You initiate litigation by asserting a patent infringement claim
(excluding declatory judgment actions) against Health Administration
Corporation or a Contributor (Health Administration Corporation
or Contributor against whom You file such action is referred to as
"Participant") alleging that:
a) such Participant's Contributor Version directly or indirectly
infringes any patent, then any and all rights granted by such
Participant to You under Sections 2.1 and/or 2.2 of this License
shall, upon 60 days notice from Participant terminate prospectively,
unless if within 60 days after receipt of notice You either: (i)
agree in writing to pay Participant a mutually agreeable reasonable
royalty for Your past and future use of Modifications made by such
Participant, or (ii) withdraw Your litigation claim with respect to
the Contributor Version against such Participant. If within 60 days
of notice, 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 Participant to
You under Sections 2.1 and/or 2.2 automatically terminate at the
expiration of the 60 day notice period specified above.
b) any software, hardware, or device, other than such Participant's
Contributor Version, directly or indirectly infringes any patent,
then any rights granted to You by such Participant under Sections
2.1(b) and 2.2(b) are revoked effective as of the date You first
made, used, sold, distributed, or had made, Modifications made by
8.3 If You assert a patent infringement claim against Participant
alleging that such Participant's Contributor Version 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 such
Participant under Sections 2.1 or 2.2 shall be taken into account in
determining the amount or value of any payment or license.
8.4 In the event of termination under Sections 8.1 or 8.2 above, all
end user license agreements (excluding distributors and resellers) which
have been validly granted by You or any distributor hereunder prior to
termination shall survive termination.
9. LIMITATION OF LIABILITY.
9.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, HEALTH
ADMINISTRATION CORPORATION, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR
OF COVERED SOFTWARE, 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 PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BUT MAY ALLOW
LIABILITY TO BE LIMITED; IN SUCH CASES, A PARTY'S, ITS EMPLOYEES',
LICENSORS' OR AFFILIATES' LIABILITY SHALL BE LIMITED TO AUD$100. NOTHING
CONTAINED IN THIS LICENSE SHALL PREJUDICE THE STATUTORY RIGHTS OF ANY
PARTY DEALING AS A CONSUMER.
9.2 Notwithstanding any other clause in the licence, and to the extent
permitted by law:
(a) Health Administration Corporation ("the Corporation") excludes all
conditions and warranties which would otherwise be implied into
a supply of goods or services arising out of or in relation to
the granting of this licence by the Corporation or any associated
acquisition of software to which this licence relates;
(b) Where a condition or warranty is implied into such a supply and
that condition or warranty cannot be excluded by law that warranty
or condition is implied into that supply and the liability of the
Health Administration Corporation for a breach of that condition or
warranty is limited to the fullest extent permitted by law and, in
respect of conditions and warranties implied by the Trade Practices
Act (Commonwealth of Australia) 1974, is limited, to the extent
permitted by law, to one or more of the following at the election
of the Corporation:
(A) In the case of goods: (i) the replacement of the goods or the
supply of equivalent goods; (ii) the repair of the goods; (iii)
the payment of the cost of replacing the goods or of acquiring
equivalent goods; (iv) the payment of the cost of having the
goods repaired; and
(B) in the case of services: (i) the supplying of the services again;
or (ii) the payment of the cost of having the services supplied
This License represents the complete agreement concerning subject matter
hereof. All rights in the Covered Software not expressly granted under
this License are reserved. Nothing in this License shall grant You any
rights to use any of the trademarks of Health Administration Corporation
or any of its Affiliates, even if any of such trademarks are included
in any part of Covered Software and/or documentation to it.
This License is governed by the laws of the State of New South Wales,
Australia excluding its conflict-of-law provisions. All disputes or
litigation arising from or relating to this Agreement shall be subject
to the jurisdiction of the Supreme Court of New South Wales. If any part
of this Agreement is found void and unenforceable, it will not affect
the validity of the balance of the Agreement, which shall remain valid
and enforceable according to its terms.
11. RESPONSIBILITY FOR CLAIMS.
As between Health Administration Corporation and the Contributors,
each party is responsible for claims and damages arising, directly or
indirectly, out of its utilisation of rights under this License and You
agree to work with Health Administration Corporation and Contributors
to distribute such responsibility on an equitable basis. Nothing herein
is intended or shall be deemed to constitute any admission of liability.
The contents of this file are subject to the HACOS License Version 1.2
(the "License"); you may not use this file except in compliance with
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 Original Software is "NetEpi Analysis". The Initial Developer
of the Original Software is the Health Administration Corporation,
incorporated in the State of New South Wales, Australia.
Copyright (C) 2004, 2005 Health Administration Corporation.
All Rights Reserved.
APPENDIX 1. DIFFERENCES BETWEEN THE HACOS LICENSE VERSION 1.2, THE
MOZILLA PUBLIC LICENSE VERSION 1.1 AND THE NOKIA OPEN SOURCE LICENSE
(NOKOS LICENSE) VERSION 1.0A
The HACOS License Version 1.2 was derived from the Mozilla Public
License Version 1.1 using some of the changes to the Mozilla Public
License embodied in the Nokia Open Source License (NOKOS License)
Version 1.0a. The differences between the HACOS License Version 1.2
(this document), the Mozilla Public License and the NOKOS License are
i. The title of the license was changed to "Health Administration
Corporation Open Source License Version 1.2".
ii. Globally, all references to "Netscape Communications Corporation",
"Mozilla", "Nokia" and "Nokia Corporation" were changed to "Health
iii. Globally, the words "means", "Covered Code" and "Covered Software"
as used in the Mozilla Public License were changed to "shall means",
"Covered Code" and "Covered Software" respectively, as used in
the NOKOS License.
iv. In Section 1 (Definitions), a definition of "Health Administration
Corporation" was added.
v. In Section 2, the term "intellectual property rights" used in the
Mozilla Public License was replaced by the term "copyrights"
as used in the NOKOS License.
vi. In Section 2.2 (Contributor Grant), the words "Subject to the
terms of this License" which appear in the NOKOS License were
added to the Mozilla Public License.
vii. The sentence "However, You may include an additional document
offering the additional rights described in Section 3.5." which
appears in the Mozilla Public License was omitted.
viii. Section 6.3 (Derivative Works) of the Mozilla Public License,
which permits modifications to the Mozilla Public License,
ix. The original Section 9 (Limitation of Liability) was renumbered
as Section 9.1, a maximum liability of AUD$100 was specified
for those jurisdictions which do not allow complete exclusion of
liability but which do allow limitation of liability. The sentence
"NOTHING CONTAINED IN THE LICENSE SHALL PREJUDICE THE STATUTORY
RIGHTS OF ANY PARTY DEALING AS A CONSUMER.", which appears in the
NOKOS License but not in the Mozilla Public License, was added.
x. Section 9.2 was added in order to further limit liability to the
maximum extent permitted by the Commonwealth of Australia Trade
Practices Act 1974.
xi. Section 10 of the Mozilla Public License, which provides additional
conditions for United States Government End Users, was omitted.
xii. The governing law and jurisdiction for the settlement of disputes
in Section 11 of the Mozilla Public License and Section 10 of the
NOKOS License was changed to the laws of the State of New South
Wales and the Supreme Court of New South Wales respectively. The
exclusion of the application of the United Nations Convention on
Contracts for the International Sale of Goods which appears in
the Mozilla Public License was omitted.
xiii. Section 13 (Multiple-Licensed Code) of the Mozilla Public License
xiv. The provisions for alternative licensing arrangement for contributed
code which appear in Exhibit A of the Mozilla Public License