back to list
OpenI Public License 1.0
OpenI Public License 1.0
- Copyright (c) 2005 Loyalty Matrix, Inc.
The OpenI Public License Version 1.0 ("OPL") consists of the Mozilla Public
License Version 1.1, modified to be specific to OpenI, with the Additional
Terms in Exhibit B. The original Mozilla Public License 1.1 can be found at:
OPENI PUBLIC LICENSE
1.0.1. "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
1.3. ''Covered Code'' means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case including
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:
A. Any addition to or deletion from the contents of a file containing Original
Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous
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
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 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.
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
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 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.
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.
Loyalty Matrix Inc. (''Loyalty Matrix'') 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 Loyalty Matrix. No one other than Loyalty Matrix 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 ''OpenI'',
''OPL'', ''Loyalty Matrix'', 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 OpenI 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.)
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.
8.1. 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.
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 Developer permits you to utilize portions of
the Covered Code under Your choice of the SPL or the alternative licenses, if any, specified
by the Initial Developer in the file described in Exhibit A.
OpenI Public License 1.0 - Exhibit A
The contents of this file are subject to the OpenI Public License Version 1.0
("License"); You may not use this file except in compliance with the
License. You may obtain a copy of the License at http://www.openi.org/docs/opl-1.0.txt
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: OpenI Open Source
The Initial Developer of the Original Code is Loyalty Matrix, Inc.
Portions created by Loyalty Matrix are Copyright (C) 2005 Loyalty Matrix, Inc.;
All Rights Reserved.
[NOTE: 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
OpenI Public License 1.0 - Exhibit B
Additional Terms applicable to the OpenI Public License.
These additional terms described in this OpenI Public License - Additional Terms
shall apply to the Covered Code under this License.
II. OpenI and logo.
This License does not grant any rights to use the trademarks "OpenI",
"Open Intelligence", and the "OpenI" logos even if such marks are included in the
Original Code or Modifications.