key: monetdb-1.1 short_name: MonetDB 1.1 name: MonetDB Public License Version 1.1 category: Copyleft Limited owner: MonetDB homepage_url: http://www.monetdb.org/Legal/MonetDBLicense spdx_license_key: LicenseRef-scancode-monetdb-1.1 ignorable_urls: - http://www.monetdb.org/Legal/MonetDBLicense text: "MonetDB Public License Version 1.1\nThis License is a derivative of the Mozilla Public\ \ License (MPL) Version 1.1, where the difference is that all references to \"Mozilla\" and\ \ \"Netscape\" have been changed to \"MonetDB\", and that the License has been made subject\ \ to the laws of The Netherlands.\n\n1. Definitions.\n1.0.1. \"Commercial Use\"\nmeans distribution\ \ or otherwise making the Covered Code available to a third party.\n1.1. \"Contributor\"\n\ means each entity that creates or contributes to the creation of Modifications.\n1.2. \"Contributor\ \ Version\"\nmeans the combination of the Original Code, prior Modifications used by a Contributor,\ \ and the Modifications made by that particular Contributor.\n1.3. \"Covered Code\"\nmeans\ \ the Original Code or Modifications or the combination of the Original Code and Modifications,\ \ in each case including portions thereof.\n1.4. \"Electronic Distribution Mechanism\"\nmeans\ \ a mechanism generally accepted in the software development community for the electronic\ \ transfer of data.\n1.5. \"Executable\"\nmeans Covered Code in any form other than Source\ \ Code.\n1.6. \"Initial Developer\"\nmeans the individual or entity identified as the Initial\ \ Developer in the Source Code notice required by Exhibit A.\n1.7. \"Larger Work\"\nmeans\ \ a work which combines Covered Code or portions thereof with code not governed by the terms\ \ of this License.\n1.8. \"License\"\nmeans this document.\n1.8.1. \"Licensable\"\nmeans 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.\n1.9. \"Modifications\"\ \nmeans 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:\n\nAny addition to or deletion from the contents of a file containing\ \ Original Code or previous Modifications.\nAny new file that contains any part of the Original\ \ Code or previous Modifications.\n1.10. \"Original Code\"\nmeans 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.\n1.10.1. \"Patent Claims\"\nmeans any patent claim(s), now owned\ \ or hereafter acquired, including without limitation, method, process, and apparatus claims,\ \ in any patent Licensable by grantor.\n1.11. \"Source Code\"\nmeans 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.\n1.12. \"You\" (or \"Your\")\nmeans 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 which 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.\n\n2. Source Code License.\n2.1. The Initial Developer Grant.\nThe Initial\ \ Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to\ \ third party intellectual property claims:\nunder 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\nunder 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).\nthe\ \ 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.\nNotwithstanding 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.\n\n2.2. Contributor Grant.\nSubject to third party intellectual property claims,\ \ each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license\nunder\ \ 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\nunder 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).\n\ 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.\nNotwithstanding 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.\n\n3. Distribution Obligations.\n\n3.1. Application of License.\n\ 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.\n\n3.2. Availability of Source Code.\nAny 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.\n\ \n3.3. Description of Modifications.\nYou 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.\n\n3.4. Intellectual Property Matters\n(a) Third Party Claims\nIf 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.\n\n(b) Contributor APIs\nIf 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.\n\n(c) Representations.\nContributor 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.\n\n3.5. Required Notices.\nYou 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.\n\n\ 3.6. Distribution of Executable Versions.\nYou may distribute Covered Code in Executable form\ \ only if the requirements of Sections 3.1, 3.2, 3.3, 3.4 and 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 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 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.\n\n3.7. Larger Works.\nYou 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.\n\n4. Inability\ \ to Comply Due to Statute or Regulation.\nIf 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.\n\n5. Application of this License.\nThis License applies\ \ to code to which the Initial Developer has attached the notice in Exhibit A and to related\ \ Covered Code.\n\n6. Versions of the License.\n6.1. New Versions\nMonetDB B.V. may publish\ \ revised and/or new versions of the License from time to time. Each version will be given\ \ a distinguishing version number.\n\n6.2. Effect of New Versions\nOnce 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 MonetDB B.V. No one other than MonetDB\ \ B.V. has the right to modify the terms applicable to Covered Code created under this License.\n\ \n6.3. Derivative Works\nIf 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 \"MonetDB\" or any confusingly\ \ similar phrase 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 MonetDB 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.)\n\n7. Disclaimer of warranty\n\ 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.\n\n8. Termination\n8.1. 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.\n\n8.2. 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:\nsuch 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.\nany 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.\n\n8.3. 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.\n\n8.4. 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.\n\n9. Limitation of liability\nUnder 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.\n\n10. U.S.\ \ government end users\nThe 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.\n\ \n11. Miscellaneous\nThis 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 the laws of The Netherlands and You hereby irrevocably agree that the Courts of Amsterdam,\ \ The Netherlands, are to have jurisdiction to settle any disputes which may arise out of\ \ or in connection with this License. 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.\n\n12. Responsibility for claims\nAs 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.\n\ \n13. Multiple-licensed code\nInitial Developer may designate portions of the Covered Code\ \ as \"Multiple-Licensed\". \"Multiple-Licensed\" means that the Initial Developer permits\ \ you to utilize portions of the Covered Code under Your choice of the MonetDB Public License\ \ or the alternative licenses, if any, specified by the Initial Developer in the file described\ \ in Exhibit A.\n\nExhibit A - MonetDB Public License.\n\"The contents of this file are subject\ \ to the MonetDB Public License\nVersion 1.1 (the \"License\"); you may not use this file\ \ except in\ncompliance with the License. You may obtain a copy of the License at\nhttp://www.monetdb.org/Legal/MonetDBLicense\n\ \nSoftware distributed under the License is distributed on an \"AS IS\"\nbasis, WITHOUT WARRANTY\ \ OF ANY KIND, either express or implied. See the\nLicense for the specific language governing\ \ rights and limitations\nunder the License.\n\nThe Original Code is .\n\nThe Initial Developer\ \ of the Original Code is .\nPortions created by are Copyright (C) \n . All Rights Reserved.\n\ \nContributor(s): .\n\nAlternatively, the contents of this file may be used under the terms\n\ of the license (the \"[ ] License\"), in which case the\nprovisions of [ ] License are\ \ applicable instead of those\nabove. If you wish to allow use of your version of this file\ \ only\nunder the terms of the [ ] License and not to allow others to use\nyour version of\ \ this file under the MonetDB Public License, indicate\nyour decision by deleting the provisions\ \ above and replace them with\nthe notice and other provisions required by the [ ] License.\ \ If you\ndo not delete the provisions above, a recipient may use your version\nof this file\ \ under either the MonetDB Public License or the [ ] License.\"\n\nNOTE: The text of this\ \ Exhibit A may differ slightly from the text of the notices in the Source Code files of the\ \ Original Code. You should use the text of this Exhibit A rather than the text found in the\ \ Original Code Source Code for Your Modifications."