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tpl-2.0
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TPL 2.0
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Terracotta Public License 2.0
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Copyleft Limited
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Terracotta
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https://raw.githubusercontent.com/Terracotta-OSS/terracotta-core/master/LICENSE
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The contents of this file are subject to the Terracotta Public License
Version
2.0 (the "License"); You may not use this file except in compliance with
the
License. You may obtain a copy of the License at
http://terracotta.org/legal/terracotta-public-license.
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.
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- (c) Terracotta, Inc., a Software AG company
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- Terracotta, Inc., a Software AG company
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license_text
Terracotta Public License, version 2.0
1. Definitions
1.1. "Contributor" means each individual or legal entity that creates,
contributes to the creation of, and owns Covered Software.
1.2. "Contributor Version" means the combination of the Contributions of others
(if any) used by a Contributor and that particular Contributor's Contribution.
1.3. "Contribution" means Covered Software of a particular Contributor.
1.4. "Covered Software" means Source Code Form to which the initial Contributor
has attached the notice in Exhibit A, the Executable Form of such Source Code
Form, and Modifications of such Source Code Form, in each case including
portions thereof.
1.5. "Initial Developer" means the individual or entity identified as the
Initial Developer in the Source Code notice required by Exhibit A.
1.6. "Incompatible With Secondary Licenses" means (a) that the initial
Contributor has attached the notice described in Exhibit B to the Covered
Software; or (b) that the Covered Software was made available under the terms
of version 1.0, but not also under the terms of a Secondary License.
1.7. "Executable Form" means any form of the work other than Source Code Form.
1.8. "Larger Work" means a work that combines Covered Software with other
material, in a separate file or files that is not Covered Software.
1.9. "License" means this document.
1.10. "Licensable" means having the right to grant, to the maximum extent
possible, whether at the time of the initial grant or subsequently, any and all
of the rights conveyed by this License.
1.11. "Modifications" means any of the following: (a) any file in Source Code
Form that results from an addition to, deletion from, or modification of the
contents of Covered Software; or (b) any new file in Source Code Form that
contains any Covered Software.
1.12. "Patent Claims" of a Contributor means any patent claim(s), including
without limitation, method, process, and apparatus claims, in any patent
Licensable by such Contributor that would be infringed, but for the grant of
the License, by the making, using, selling, offering for sale, having made,
import, or transfer of either its Contributions or its Contributor Version.
1.13. "Secondary License" means either the GNU General Public License, Version
2.0, the GNU Lesser General Public License, Version 2.1, the GNU Affero General
Public License, Version 3.0, or any later versions of those licenses.
1.14. "Source Code Form" means the form of the work preferred for making
modifications including all modules it contains, plus any associated interface
definition files, scripts used to control compilation and installation of an
Executable Form, or source code differential comparisons against either the
Covered Software or another well known, available Covered Software of the
Contributor's choice. The Source Code Form can be in a compressed or archival
form, provided the appropriate decompression or de-archiving software is widely
available for no charge.
1.15. "You" (or "Your") means an individual or a legal entity exercising rights
under this License. For legal entities, "You" includes any entity that
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. License Grants and Conditions
2.1. Grants
The Initial Developer and each Contributor 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 such Contributor to use, reproduce, make available, modify,
display, perform, sublicense, distribute, and otherwise exploit its
Contributions, either on an unmodified basis, with Modifications, or as part of
a Larger Work; and
(b) under Patent Claims of such Contributor to make, use, sell, offer for
sale, have made, import, and otherwise transfer either its Contributions or its
Contributor Version.
2.2. Effective Date
The licenses granted in Section 2.1 with respect to any Contribution become
effective for each Contribution on the date the Contributor first distributes
such Contribution or otherwise makes available Contributions under the terms of
this License.
2.3. Limitations on Grant Scope
The licenses granted in this Section 2 are the only rights granted under this
License. No additional rights or licenses will be implied from the distribution
or licensing of Covered Software under this License. Notwithstanding Section
2.1(b) above, no patent license is granted by a Contributor:
(a) for any code that a Contributor has removed from Covered Software; or
(b) for infringements caused by: (i) You and any other third party's
modifications of Covered Software, or (ii) You and any other third party's
combination with other software (except as part of its Contributor Version) or
devices; or
(c) under Patent Claims infringed by Covered Software in the absence of its
Contributions.
This License does not grant any rights in the trademarks, service marks, or
logos of any Contributor (except as may be necessary to comply with the notice
and attribution requirements in Sections 3.5 and 3.8.
2.4. Subsequent Licenses
No Contributor makes additional grants as a result of Your choice to distribute
the Covered Software under a subsequent version of this License (see Section
10.2) or under the terms of a Secondary License (if permitted under the terms
of Section 3.3).
2.5. Representation
Each Contributor represents that the Contributor believes its Contributions are
its original creation(s) or it has sufficient rights to grant the rights to its
Contributions conveyed by this License.
2.6. Fair Use
This License is not intended to limit any rights You have under applicable
copyright doctrines of fair use, fair dealing, or other equivalents.
2.7. Conditions
Sections 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, and 3.7 are conditions of the licenses
granted in Section 2.1.
2.8. Multiple-licensed Software
Initial Developer may designate portions of the Covered Software as “Multiple-
Licensed”. “Multiple-Licensed” means that the Initial Developer permits You to
utilize portions of the Covered Software under Your choice of the TPL or
alternative licenses, if any, specified in Exhibit A by the Initial Developer.
3. Responsibilities
3.1. Distribution of Source Code Form
All distribution of Covered Software in Source Code Form, including any
Modifications that You create or to which You contribute, must be under the
terms of this License or a future version of this license released under
Section 10.1, and You must include a copy of this license with every copy of
the source code You distribute or otherwise make available. You must inform
recipients that the Source Code Form of the Covered Software is governed by the
terms of this License, and how they can obtain a copy of this License. You may
not offer or impose any terms on any Source Code Form that alters or restricts
the applicable version of this license or the recipients’ rights thereunder.
However, You may include an additional document offering the additional rights
described in Section 3.6.
3.2. Distribution of Executable Form
If You distribute Covered Software in Executable Form then: (a) such Covered
Software must also be made available in Source Code Form, as described in
Section 3.1, and You must inform recipients of the Executable Form how they can
obtain a copy of such Source Code Form by reasonable means in a timely manner,
at a charge no more than the cost of distribution to the recipient; and (b) You
may distribute such Executable Form under the terms of this License, or
sublicense it under different terms, provided that the license for the
Executable Form does not attempt to limit or alter the recipients' rights in
the Source Code Form under this License.
3.3. Distribution of a Larger Work
You may create and distribute a Larger Work under terms of Your choice,
provided that You also comply with the requirements of this License for the
Covered Software. If the Larger Work is a combination of Covered Software with
a work governed by one or more Secondary Licenses, and the Covered Software is
not incompatible With Secondary Licenses, this License permits You to
additionally distribute such Covered Software under the terms of such Secondary
License(s), so that the recipient of the Larger Work may, at their option,
further distribute the Covered Software under the terms of either this License
or such Secondary License(s).
3.4. Description of Modifications
You must cause all Modifications to the Covered Software to contain a file
documenting the changes You made to the Covered Software and the date of any
change. You must include a prominent statement that the Modification is
derived, directly or indirectly, from Covered Software provided by the Initial
Developer and include the name of the Initial Developer in (a) the Source Code
Form, and (b) in any notice in an Executable Form or related documentation in
which You describe the origin or ownership of the Covered Software.
3.5. 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 not remove or alter the
substance of any License notices (including copyright notices, patent notices,
disclaimers of warranty, or limitations of liability) contained within the
Source Code Form of the Covered Software, except that You may alter any License
notices to the extent required to remedy known factual inaccuracies.
3.6. Application of Additional Terms
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 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 every Contributor for any liability incurred by such
Contributor as a result of warranty, support, indemnity or liability terms You
offer. You may include additional disclaimers of warranty and limitations of
liability specific to any jurisdiction.
3.7. 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 Section 2.1, 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,
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 and
Contributor has knowledge of patent licenses which hare 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 3.7 (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.
3.8. Certain Attribution Requirements
This License does not grant any License or rights to use the trademarks
“TERRACOTTA” “SOFTWARE AG,” any logos, trade names or slogans of either
Terracotta, Inc. or Software AG. However, in addition to the other notice
obligations all copies of the Covered Software in Executable Form and Source
Code Form distributed or otherwise made available, must as a form of
attribution of the Initial Developer, include on each user interface screen (a)
the copyright notice in the same form as the latest version of the Covered
Software distributed or otherwise made available by Terracotta Inc. at the time
of distribution or making available of such copy and (b) the following text
which must be large enough so that it can be read easily “Powered by
Terracotta.” The copyright notice and text must be visible to all users and be
located at the very bottom and in the center of each user interface screen. The
word “Terracotta” must be a hyperlink, so that when any user activates the link
(e.g. by clicking on it with a mouse), the user will be directed to
http://www.terracotta.org.
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 placed in a text file included with all
distributions of the Covered Software under this License. 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. Termination
5.1. The rights granted under this License will terminate automatically if You
fail to comply with any of its terms. However, if You become compliant, then
the rights granted under this License from a particular Contributor are
reinstated (a) provisionally, unless and until such Contributor explicitly and
finally terminates Your grants, and (b) on an ongoing basis, if such
Contributor fails to notify You of the non-compliance by some reasonable means
prior to 60 days after You have come back into compliance. Moreover, Your
grants from a particular Contributor are reinstated on an ongoing basis if such
Contributor notifies You of the non-compliance by some reasonable means, this
is the first time You have received notice of non-compliance with this License
from such Contributor, and You become compliant prior to 30 days after Your
receipt of the notice.
5.2. If You initiate litigation against any entity by asserting a patent
infringement claim (excluding declaratory judgment actions, counter-claims, and
cross-claims) alleging that a Contributor Version directly or indirectly
infringes any patent, then the rights granted to You by any and all
Contributors for the Covered Software under Section 2.1 of this License shall
terminate.
5.3. In the event of termination under Sections 5.1 or 5.2 above, all end user
license agreements (excluding distributors and resellers) which have been
validly granted by You or Your distributors under this License prior to
termination shall survive termination.
6. Disclaimer of Warranty
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, 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 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 SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT
UNDER THIS DISCLAIMER.
7. 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 SOFTWARE, OR ANY SUPPLIER OF
ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, 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.
8. Litigation
8.1. Jurisdiction
This License shall be governed in accordance with the laws of the Commonwealth
of Virginia (except to the extent applicable law, if any, provides otherwise),
without giving effect to its conflicts-of-laws 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 Commonwealth of Virginia 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 contract shall be construed against the
drafter shall not apply to this License. You agree that You alone are
responsible for compliance with the United States export administration
regulations (and the export control laws and regulations of any other
countries) when You use, distribute, or otherwise make available Covered
Software.
8.2. Responsibility for Claims
As between the Initial Developer and 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 an admission of liability.
9. Miscellaneous
This License represents the complete agreement concerning the 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. Any law or regulation which provides that the language of a
contract shall be construed against the drafter shall not be used to construe
this License against a Contributor.
10. Versions of the License
10.1. New Versions
Terracotta, Inc. and/or its parent Software AG (“Terracotta”) may publish
revised and/or new versions of the license from time to time. Except as
provided in Section 10.3, no one other than Terracotta has the right to modify
or publish new versions of this License. Each version will be given a
distinguishing version number.
10.2. Effect of New Versions
You may distribute the Covered Software under the terms of the version of the
License under which You originally received the Covered Software, or under the
terms of any subsequent version published by Terracotta.
10.3. Modified Versions
If You create or use a modified version of this License (which You may do in
order to apply it to code with is not already covered by this License), You
must (a) rename Your License so that the phrases “Terracotta” “TPL” “Software
AG,” 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
Terracotta Public License. Filling in the name of the Initial Developer,
Covered Software or Contributor in the notice described in Exhibit A shall not
of themselves be deemed to be modifications of this License.)
This Terracotta Public License (TPL) is similar to, and contains samples from,
the Mozilla Public License (MPL) and the Common Development and Distribution
License (CDDL). However, this TPL contains terms which differ from those
contained in the MPL and CDDL.
10.4. Distributing Source Code Form that is Incompatible With Secondary Licenses
If You choose to distribute Source Code Form that is Incompatible With
Secondary Licenses under the terms of this version of the License, the notice
described in Exhibit B of this License must be attached.
Exhibit A - Terracotta Public License.
"The contents of this file are subject to the Terracotta Public License Version
2.0 (the "License"); You may not use this file except in compliance with the
License. You may obtain a copy of the License at
http://terracotta.org/legal/terracotta-public-license.
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 Covered Software is Terracotta Core.
The Initial Developer of the Covered Software is Terracotta, Inc. © Terracotta,
Inc., a Software AG company
Portions created by ______________________ are Copyright (C) _______________.
All Rights Reserved.
Contributor(s): ______________________________________.
NOTE: THE TEXT OF THIS EXHIBIT A MAY DIFFER SLIGHTLY FROM THE TEXT OF THE
NOTICES IN THE SOURCE CODE FILES OF THE COVERED SOFTWARE. YOU SHOULD USE THE
TEXT OF THIS EXHIBIT A RATHER THAN THE TEXT FOUND IN THE COVERED SOFTWARE
SOURCE CODE FOR YOUR MODIFICATIONS.
Exhibit B - "Incompatible With Secondary Licenses" Notice
This Source Code Form is "Incompatible With Secondary Licenses", as defined by
the Terracotta Public License, v. 2.0.