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initial-developer-public
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Initial Developer Public License
name
Initial Developer Public License
category
Copyleft
owner
Firebird
homepage_url
http://www.firebirdsql.org/en/initial-developer-s-public-license-version-1-0/
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LicenseRef-scancode-initial-developer-public
text_urls
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license_text
Initial Developer's Public License Version 1.0
1. Definitions

1.0 "Commercial Use" means distribution or otherwise making the Covered
Code available to a third party.

1.1 "Contributor" means each entity that creates or contributes to the
creation of Modifications.

1.2 "Contributor Version" means the combination of the Original Code,
prior Modifications used by a Contributor, and the Modifications made by
that particular Contributor.

1.3. "Covered Code" means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case
including portions thereof.

1.4. "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic
transfer of data.

1.5. "Executable" means Covered Code in any form other than Source Code.

1.6. "Initial Developer" means the individual or entity identified as
the Initial Developer in the Source Code notice required by Exhibit A.

1.7. "Larger Work" means a work which combines Covered Code or portions
thereof with code not governed by the terms of this License.

1.8. "License" means this document.

1.8.1. "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 conveyed herein.

1.9. "Modifications" means any addition to or deletion from the
substance or structure of either the Original Code or any previous
Modifications. When Covered Code is released as a series of files, a
Modification is:

Any addition to or deletion from the contents of a file containing
Original Code or previous Modifications.

Any new file that contains any part of the Original Code or previous
Modifications.

1.10. "Original Code" means Source Code of computer software code which
is described in the Source Code notice required by Exhibit A as Original
Code, and which, at the time of its release under this License is not
already Covered Code governed by this License.

1.10.1. "Patent Claims" means any patent claim(s), now owned or
hereafter acquired, including without limitation, method, process, and
apparatus claims, in any patent Licensable by grantor.

1.11. "Source Code" means the preferred form of the Covered Code 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 Code or another
well known, available Covered Code 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.

1.12. "You" (or "Your") means an individual or a legal entity exercising
rights under, and complying with all of the terms of, this License or a
future version of this License issued under Section 6.1. For legal
entities, "You" includes any entity w hich controls, is controlled by,
or is under common control with You. For 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 percent (50%) of the
outstanding shares or beneficial ownership of such entity.

2. Source Code License.

2.1. The Initial Developer Grant. The Initial Developer hereby grants
You a world-wide, royalty-free, non-exclusive license, subject to third
party intellectual property claims:

(a) under intellectual property rights (other than patent or trademark)
Licensable by Initial Developer to use, reproduce, modify, display,
perform, sublicense and distribute the Original Code (or portions
thereof) with or without Modifications, and/or as part of a Larger Work;
and

(b) under Patents Claims infringed by the making, using or selling of
Original Code, to make, have made, use, practice, sell, and offer for
sale, and/or otherwise dispose of the Original Code (or portions
thereof).

(c) the licenses granted in this Section 2.1(a) and (b) are effective on
the date Initial Developer first distributes Original Code 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 Code;

2) separate from the Original Code; or

3) for infringements caused by:

i) the modification of the Original Code or

ii) the combination of the Original Code with other software or devices.

2.2. Contributor Grant. Subject to third party intellectual property
claims, each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license

(a) under intellectual property rights (other than patent or trademark)
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 Code and/or as part of a Larger Work; and

(b) under Patent Claims 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 such
combination).

(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 Code.

(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 Code 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 Code 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. However, You may include an
additional document offering the additional rights described in Section
3.5.

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 Code to
which You contribute to contain a file documenting the changes You made
to create that Covered Code and the date of any change. You must include
a prominent statement that the Modification is derived, directly or
indirectly, from Original Code provided by the Initial Developer and
including the name of the Initial Developer 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 Code.

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 Code that new knowledge has been obtained.

(b) Contributor APIs. If Contributor's Modifications include an
application programming interface 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.

(c) Representations. 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 Code. You may choose to
offer, and to charge a fee for, warranty, support, indemnity or
liability obligations to one or more recipients of Covered Code.
However, You may do so only on Your own behalf, and not on behalf of the
Initial Developer or any Contributor. You must make it absolutely clear
than any such warranty, support, indemnity or liability obligation is
offered by You alone, and You hereby agree to indemnify the Initial
Developer and every Contributor for any liability incurred by the
Initial Developer 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
Code in Executable form only if the requirements of Section 3.1-3.5 have
been met for that Covered Code, and if You include a notice stating that
the Source Code version of the Covered Code 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 Code. You may distribute the Executable version
of Covered Code 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 hat 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 the Initial
Developer or any Contributor. You hereby agree to indemnify the Initial
Developer and every Contributor for any liability incurred by the
Initial Developer 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
Code with other code 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
Code.

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 Code 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 the Initial Developer has attached
the notice in Exhibit A and to related Covered Code.

6. Versions of the License.

6.1. New Versions. The Initial Developer of this code 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 Code 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
Code under the terms of any subsequent version of the License published
by the Initial Developer. No one other than the Initial Developer has
the right to modify the terms applicable to Covered Code created under
this License.

6.3. Derivative Works. If You create or use a modified version of this
License (which you may only do in order to apply it to code which is not
already Covered Code governed by this License), You must

(a) rename Your license so that the phrases "Mozilla", "MOZILLAPL",
"MOZPL", "Netscape", "MPL", "NPL", or any confusingly similar phrases do
not appear in your license (except to note that your license differs
from this License) and

(b) otherwise make it clear that Your version of the license contains
terms which differ from the Mozilla Public License and Netscape Public
License. (Filling in the name of the Initial Developer, Original Code or
Contributor in the notice described in Exhibit A shall not of themselves
be deemed to be modifications of this License.)

6.4 Origin of the Initial Developer's Public License. The Initial
Developer's Public License is based on the Mozilla Public License V 1.1
with the following changes:

1) The license is published by the Initial Developer of this code. Only
the Initial Developer can modify the terms applicable to Covered Code.

2) The license can be modified and used for code which is not already
governed by this license. Modified versions of the license must be
renamed to avoid confusion with the Initial Developer's Public License
and must include a description of changes from the Initial Developer's
Public License.

3) The name of the license in Exhibit A is the "Initial Developer's Public License".

4) The reference to an alternative license in Exhibit A has been removed .

5) Amendments I, II, III, V, and VI have been deleted.

6) Exhibit A, Netscape Public License has been deleted

7. DISCLAIMER OF WARRANTY.

COVERED CODE 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 CODE 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 CODE IS WITH YOU.
SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
INITIAL DEVELOPER 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
CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

8. TERMINATION.

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 Code 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 shall survive.

8.2. If You initiate litigation by asserting a patent infringement claim
(excluding declatory judgment actions) against Initial Developer or a
Contributor (the Initial Developer 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 that Participant.

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.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, 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, SO THIS EXCLUSION
AND LIMITATION MAY NOT APPLY TO YOU.

10. U.S. GOVERNMENT END USERS.

The Covered Code is a "commercial item", as that term is defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software"
and "commercial computer software documentation", as such terms are used
in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and
48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
End Users acquire Covered Code with only those rights set forth herein.

11. MISCELLANEOUS.

This License represents the complete agreement concerning subject matter
hereof. If any provision of this License is held to be unenforceable,
such provision shall be reformed only to the extent necessary to make it
enforceable. This License shall be governed by California law provisions
(except to the extent applicable law, if any, provides otherwise),
excluding its conflict-of-law provisions. With respect to disputes in
which at least one party is a citizen of, or an entity chartered or
registered to do business in the United States of America, any
litigation relating to this License shall be subject to the jurisdiction
of the Federal Courts of the Northern District of California, with venue
lying in Santa Clara County, California, with the losing party
responsible for costs, including without limitation, court costs and
reasonable attorneys' fees and expenses. The application of the United
Nations Convention on Contracts for the International Sale of Goods is
expressly excluded. Any law or regulation which provides that the
language of a contract shall be construed against the drafter shall not
apply to this License.

12. RESPONSIBILITY FOR CLAIMS.

As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or indirectly, out
of its utilization of rights under this License and You agree to work
with Initial Developer and Contributors to distribute such
responsibility on an equitable basis. Nothing herein is intended or
shall be deemed to constitute any admission of liability.

13. MULTIPLE-LICENSED CODE.

Initial Developer may designate portions of the Covered Code as
"Multiple-Licensed". "Multiple-Licensed" means that the Initial
Devpoeloper permits you to utilize portions of the Covered Code under
Your choice of the IDPL or the alternative licenses, if any, specified
by the Initial Developer in the file described in Exhibit A.

EXHIBIT A -Initial Developer's Public License.

The contents of this file are subject to the Initial Developer's Public
License Version 1.0 (the "License"); you may not use this file except in
compliance with the License. You may obtain a copy of the License from
the Firebird Project website, at http://www.firebirdsql.org/en/initial-
developer-s-public-license-version-1-0/

Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
License for the specific language governing rights and limitations under
the License.

The Original Code is  .

The Initial Developer of the Original Code is  .

Portions created by  
are Copyright (C)    .

All Rights Reserved.

Contributor(s):  .