License
License
The Moonrank Public License
The Moonrank Public License Version 1.2 (“mrpl”) consists of the
Mozilla Public License Version 1.1, modified to be specific to
OROCUBE LLC, SC, USA (http://orocube.com), with the Additional
Terms in Exhibit B. The original Mozilla Public License 1.1 can be
found at: https://www.mozilla.org/en-US/MPL/1.1/
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:
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 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 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 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 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.
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
OROCUBE LLC. (“Orocube”) 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
OROCUBE. No one other than OROCUBE 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 “Moonrank”, “MoonrankPL”, “mrpl”, 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 Moonrank Public License and
Moonrank 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. 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
Developer permits you to utilize portions of the Covered Code
under Your choice of the mrpl or the alternative licenses, if any,
specified by the Initial Developer in the file described in
Exhibit A.
Exhibit A – Moonrank Public License.
“The contents of this file are subject to the Moonrank Public
License Version 1.2(the “License”); you may not use this file
except in compliance with the License. You may obtain a copy of
the License at http://www.florenatpos.org/license.html
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): ______________________________________.
Alternatively, the contents of this file may be used under the
terms of the _____ license (the “[___] License”), in which case
the provisions of [______] License are applicable instead of those
above. If you wish to allow use of your version of this file only
under the terms of the [____] License and not to allow others to
use your version of this file under the mrpl, indicate your
decision by deleting the provisions above and replace them with
the notice and other provisions required by the [___] License. If
you do not delete the provisions above, a recipient may use your
version of this file under either the mrpl or the [___] License.”
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 Modifications
Exhibit B – Moonrank Public License.
Additional Terms applicable to the Moonrank Public License:
I. Effect.
These additional terms described in this Moonrank Public License –
Additional Terms shall apply to the Covered Code under this
License.
II. Credit Line
Application released under this license must give credit to
initiator of the project “Floreant Team, OROCUBE LLC” in the
startup page.