1r#"THOR Public Licence (TPL) 2 30. Notes of Origin 4 50.1 As required by paragraph 6.3 of the "Mozilla Public Licence", 6"MPL" in the following, it is hereby stated that this Licence 7condition ("TPL") differs in the following items from the original 8"Mozilla Public Licence" as provided by "Netscape Communications 9Corporation": 10 11a) Paragraphs 6.2 and 6.3 of the MPL has been modified to bind licence 12modifications to the Author of this Licence, Thomas Richter. 13 14b) Paragraph 11 has been modified to gover this Licence by German 15law rather than Californian Law. 16 17c) The licence has been renamed to "TPL" and "THOR Public 18Licence". All references towards "MPL" have been removed except in 19section 0 to indicate the difference from "MPL". 20 21No other modifications have been made. 22 23 241. Definitions. 25 261.0.1. "Commercial Use" means distribution or otherwise making the 27Covered Code available to a third party. 28 291.1. "Contributor" means each entity that creates or contributes to 30the creation of Modifications. 31 321.2. "Contributor Version" means the combination of the Original Code, 33prior Modifications used by a Contributor, and the Modifications made 34by that particular Contributor. 35 361.3. "Covered Code" means the Original Code or Modifications or the 37combination of the Original Code and Modifications, in each case 38including portions thereof. 39 401.4. "Electronic Distribution Mechanism" means a mechanism generally 41accepted in the software development community for the electronic 42transfer of data. 43 441.5. "Executable" means Covered Code in any form other than Source 45Code. 46 471.6. "Initial Developer" means the individual or entity identified as 48the Initial Developer in the Source Code notice required by Exhibit A. 49 501.7. "Larger Work" means a work which combines Covered Code or 51portions thereof with code not governed by the terms of this License. 52 531.8. "License" means this document. 54 551.8.1. "Licensable" means having the right to grant, to the maximum 56extent possible, whether at the time of the initial grant or 57subsequently acquired, any and all of the rights conveyed herein. 58 591.9. "Modifications" means any addition to or deletion from the 60substance or structure of either the Original Code or any previous 61Modifications. When Covered Code is released as a series of files, a 62Modification is: A. Any addition to or deletion from the contents of a 63file containing Original Code or previous Modifications. 64 65B. Any new file that contains any part of the Original Code or 66previous Modifications. 67 681.10. "Original Code" means Source Code of computer software code 69which is described in the Source Code notice required by Exhibit A as 70Original Code, and which, at the time of its release under this 71License is not already Covered Code governed by this License. 72 731.10.1. "Patent Claims" means any patent claim(s), now owned or 74hereafter acquired, including without limitation, method, process, and 75apparatus claims, in any patent Licensable by grantor. 76 771.11. "Source Code" means the preferred form of the Covered Code for 78making modifications to it, including all modules it contains, plus 79any associated interface definition files, scripts used to control 80compilation and installation of an Executable, or source code 81differential comparisons against either the Original Code or another 82well known, available Covered Code of the Contributor's choice. The 83Source Code can be in a compressed or archival form, provided the 84appropriate decompression or de-archiving software is widely available 85for no charge. 86 871.12. "You" (or "Your") means an individual or a legal entity 88exercising rights under, and complying with all of the terms of, this 89License or a future version of this License issued under Section 906.1. For legal entities, "You" includes any entity which controls, is 91controlled by, or is under common control with You. For purposes of 92this definition, "control" means (a) the power, direct or indirect, to 93cause the direction or management of such entity, whether by contract 94or otherwise, or (b) ownership of more than fifty percent (50%) of the 95outstanding shares or beneficial ownership of such entity. 96 972. Source Code License. 98 992.1. The Initial Developer Grant. The Initial Developer hereby grants 100You a world-wide, royalty-free, non-exclusive license, subject to 101third party intellectual property claims: (a) under intellectual 102property rights (other than patent or trademark) Licensable by Initial 103Developer to use, reproduce, modify, display, perform, sublicense and 104distribute the Original Code (or portions thereof) with or without 105Modifications, and/or as part of a Larger Work; and 106 107(b) under Patents Claims infringed by the making, using or selling of 108Original Code, to make, have made, use, practice, sell, and offer for 109sale, and/or otherwise dispose of the Original Code (or portions 110thereof). 111 112(c) the licenses granted in this Section 2.1(a) and (b) are effective 113on the date Initial Developer first distributes Original Code under 114the terms of this License. 115 116(d) Notwithstanding Section 2.1(b) above, no patent license is 117granted: 1) for code that You delete from the Original Code; 2) 118separate from the Original Code; or 3) for infringements caused by: i) 119the modification of the Original Code or ii) the combination of the 120Original Code with other software or devices. 121 1222.2. Contributor Grant. Subject to third party intellectual property 123claims, each Contributor hereby grants You a world-wide, royalty-free, 124non-exclusive license 125 126(a) under intellectual property rights (other than patent or 127trademark) Licensable by Contributor, to use, reproduce, modify, 128display, perform, sublicense and distribute the Modifications created 129by such Contributor (or portions thereof) either on an unmodified 130basis, with other Modifications, as Covered Code and/or as part of a 131Larger Work; and 132 133(b) under Patent Claims infringed by the making, using, or selling of 134Modifications made by that Contributor either alone and/or in 135combination with its Contributor Version (or portions of such 136combination), to make, use, sell, offer for sale, have made, and/or 137otherwise dispose of: 1) Modifications made by that Contributor (or 138portions thereof); and 2) the combination of Modifications made by 139that Contributor with its Contributor Version (or portions of such 140combination). 141 142(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective 143on the date Contributor first makes Commercial Use of the Covered 144Code. 145 146(d) Notwithstanding Section 2.2(b) above, no patent license is 147granted: 1) for any code that Contributor has deleted from the 148Contributor Version; 2) separate from the Contributor Version; 3) for 149infringements caused by: i) third party modifications of Contributor 150Version or ii) the combination of Modifications made by that 151Contributor with other software (except as part of the Contributor 152Version) or other devices; or 4) under Patent Claims infringed by 153Covered Code in the absence of Modifications made by that Contributor. 154 155 1563. Distribution Obligations. 157 1583.1. Application of License. The Modifications which You create or to 159which You contribute are governed by the terms of this License, 160including without limitation Section 2.2. The Source Code version of 161Covered Code may be distributed only under the terms of this License 162or a future version of this License released under Section 6.1, and 163You must include a copy of this License with every copy of the Source 164Code You distribute. You may not offer or impose any terms on any 165Source Code version that alters or restricts the applicable version of 166this License or the recipients' rights hereunder. However, You may 167include an additional document offering the additional rights 168described in Section 3.5. 169 1703.2. Availability of Source Code. Any Modification which You create 171or to which You contribute must be made available in Source Code form 172under the terms of this License either on the same media as an 173Executable version or via an accepted Electronic Distribution 174Mechanism to anyone to whom you made an Executable version available; 175and if made available via Electronic Distribution Mechanism, must 176remain available for at least twelve (12) months after the date it 177initially became available, or at least six (6) months after a 178subsequent version of that particular Modification has been made 179available to such recipients. You are responsible for ensuring that 180the Source Code version remains available even if the Electronic 181Distribution Mechanism is maintained by a third party. 182 1833.3. Description of Modifications. You must cause all Covered Code to 184which You contribute to contain a file documenting the changes You 185made to create that Covered Code and the date of any change. You must 186include a prominent statement that the Modification is derived, 187directly or indirectly, from Original Code provided by the Initial 188Developer and including the name of the Initial Developer in (a) the 189Source Code, and (b) in any notice in an Executable version or related 190documentation in which You describe the origin or ownership of the 191Covered Code. 192 1933.4. Intellectual Property Matters (a) Third Party Claims. If 194Contributor has knowledge that a license under a third party's 195intellectual property rights is required to exercise the rights 196granted by such Contributor under Sections 2.1 or 2.2, Contributor 197must include a text file with the Source Code distribution titled 198"LEGAL" which describes the claim and the party making the claim in 199sufficient detail that a recipient will know whom to contact. If 200Contributor obtains such knowledge after the Modification is made 201available as described in Section 3.2, Contributor shall promptly 202modify the LEGAL file in all copies Contributor makes available 203thereafter and shall take other steps (such as notifying appropriate 204mailing lists or newsgroups) reasonably calculated to inform those who 205received the Covered Code that new knowledge has been obtained. 206 207(b) Contributor APIs. If Contributor's Modifications include an 208application programming interface and Contributor has knowledge of 209patent licenses which are reasonably necessary to implement that API, 210Contributor must also include this information in the LEGAL file. 211 212(c) Representations. Contributor represents that, except as disclosed 213pursuant to Section 3.4(a) above, Contributor believes that 214Contributor's Modifications are Contributor's original creation(s) 215and/or Contributor has sufficient rights to grant the rights conveyed 216by this License. 217 218 2193.5. Required Notices. You must duplicate the notice in Exhibit A in 220each file of the Source Code. If it is not possible to put such 221notice in a particular Source Code file due to its structure, then You 222must include such notice in a location (such as a relevant directory) 223where a user would be likely to look for such a notice. If You 224created one or more Modification(s) You may add your name as a 225Contributor to the notice described in Exhibit A. You must also 226duplicate this License in any documentation for the Source Code where 227You describe recipients' rights or ownership rights relating to 228Covered Code. You may choose to offer, and to charge a fee for, 229warranty, support, indemnity or liability obligations to one or more 230recipients of Covered Code. However, You may do so only on Your own 231behalf, and not on behalf of the Initial Developer or any 232Contributor. You must make it absolutely clear than any such warranty, 233support, indemnity or liability obligation is offered by You alone, 234and You hereby agree to indemnify the Initial Developer and every 235Contributor for any liability incurred by the Initial Developer or 236such Contributor as a result of warranty, support, indemnity or 237liability terms You offer. 238 2393.6. Distribution of Executable Versions. You may distribute Covered 240Code in Executable form only if the requirements of Section 3.1-3.5 241have been met for that Covered Code, and if You include a notice 242stating that the Source Code version of the Covered Code is available 243under the terms of this License, including a description of how and 244where You have fulfilled the obligations of Section 3.2. The notice 245must be conspicuously included in any notice in an Executable version, 246related documentation or collateral in which You describe recipients' 247rights relating to the Covered Code. You may distribute the Executable 248version of Covered Code or ownership rights under a license of Your 249choice, which may contain terms different from this License, provided 250that You are in compliance with the terms of this License and that the 251license for the Executable version does not attempt to limit or alter 252the recipient's rights in the Source Code version from the rights set 253forth in this License. If You distribute the Executable version under 254a different license You must make it absolutely clear that any terms 255which differ from this License are offered by You alone, not by the 256Initial Developer or any Contributor. You hereby agree to indemnify 257the Initial Developer and every Contributor for any liability incurred 258by the Initial Developer or such Contributor as a result of any such 259terms You offer. 260 2613.7. Larger Works. You may create a Larger Work by combining Covered 262Code with other code not governed by the terms of this License and 263distribute the Larger Work as a single product. In such a case, You 264must make sure the requirements of this License are fulfilled for the 265Covered Code. 266 2674. Inability to Comply Due to Statute or Regulation. 268 269If it is impossible for You to comply with any of the terms of this 270License with respect to some or all of the Covered Code due to 271statute, judicial order, or regulation then You must: (a) comply with 272the terms of this License to the maximum extent possible; and (b) 273describe the limitations and the code they affect. Such description 274must be included in the LEGAL file described in Section 3.4 and must 275be included with all distributions of the Source Code. Except to the 276extent prohibited by statute or regulation, such description must be 277sufficiently detailed for a recipient of ordinary skill to be able to 278understand it. 279 2805. Application of this License. 281 282This License applies to code to which the Initial Developer has 283attached the notice in Exhibit A and to related Covered Code. 284 2856. Versions of the License. 286 2876.1. New Versions. Thomas Richter may publish revised and/or new 288versions of the License from time to time. Each version will be given 289a distinguishing version number. 290 2916.2. Effect of New Versions. Once Covered Code has been published 292under a particular version of the License, You may always continue to 293use it under the terms of that version. You may also choose to use 294such Covered Code under the terms of any subsequent version of the 295License published by Thomas Richter. No one other than Thomas Richter 296has the right to modify the terms applicable to Covered Code created 297under this License. 298 2996.3. Derivative Works. If You create or use a modified version of 300this License (which you may only do in order to apply it to code which 301is not already Covered Code governed by this License), You must (a) 302rename Your license so that the phrases "TPL", "THOR Software", 303"Thomas Richter" or any confusingly similar phrase do not appear in 304your license (except to note that your license differs from this 305License) and (b) otherwise make it clear that Your version of the 306license contains terms which differ from the THOR Public 307License. (Filling in the name of the Initial Developer, Original Code 308or Contributor in the notice described in Exhibit A shall not of 309themselves be deemed to be modifications of this License.) 310 3117. DISCLAIMER OF WARRANTY. 312 313COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, 314WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, 315WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF 316DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR 317NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF 318THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE 319IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER 320CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR 321CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART 322OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER 323EXCEPT UNDER THIS DISCLAIMER. 324 3258. TERMINATION. 326 3278.1. This License and the rights granted hereunder will terminate 328automatically if You fail to comply with terms herein and fail to cure 329such breach within 30 days of becoming aware of the breach. All 330sublicenses to the Covered Code which are properly granted shall 331survive any termination of this License. Provisions which, by their 332nature, must remain in effect beyond the termination of this License 333shall survive. 334 3358.2. If You initiate litigation by asserting a patent infringement 336claim (excluding declatory judgment actions) against Initial Developer 337or a Contributor (the Initial Developer or Contributor against whom 338You file such action is referred to as "Participant") alleging that: 339 340(a) such Participant's Contributor Version directly or indirectly 341infringes any patent, then any and all rights granted by such 342Participant to You under Sections 2.1 and/or 2.2 of this License 343shall, upon 60 days notice from Participant terminate prospectively, 344unless if within 60 days after receipt of notice You either: (i) agree 345in writing to pay Participant a mutually agreeable reasonable royalty 346for Your past and future use of Modifications made by such 347Participant, or (ii) withdraw Your litigation claim with respect to 348the Contributor Version against such Participant. If within 60 days 349of notice, a reasonable royalty and payment arrangement are not 350mutually agreed upon in writing by the parties or the litigation claim 351is not withdrawn, the rights granted by Participant to You under 352Sections 2.1 and/or 2.2 automatically terminate at the expiration of 353the 60 day notice period specified above. 354 355(b) any software, hardware, or device, other than such Participant's 356Contributor Version, directly or indirectly infringes any patent, then 357any rights granted to You by such Participant under Sections 2.1(b) 358and 2.2(b) are revoked effective as of the date You first made, used, 359sold, distributed, or had made, Modifications made by that 360Participant. 361 3628.3. If You assert a patent infringement claim against Participant 363alleging that such Participant's Contributor Version directly or 364indirectly infringes any patent where such claim is resolved (such as 365by license or settlement) prior to the initiation of patent 366infringement litigation, then the reasonable value of the licenses 367granted by such Participant under Sections 2.1 or 2.2 shall be taken 368into account in determining the amount or value of any payment or 369license. 370 3718.4. In the event of termination under Sections 8.1 or 8.2 above, all 372end user license agreements (excluding distributors and resellers) 373which have been validly granted by You or any distributor hereunder 374prior to termination shall survive termination. 375 3769. LIMITATION OF LIABILITY. 377 378UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT 379(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL 380DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, 381OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR 382ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY 383CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, 384WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER 385COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN 386INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF 387LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY 388RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW 389PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE 390EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO 391THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 392 39310. U.S. GOVERNMENT END USERS. 394 395The Covered Code is a "commercial item," as that term is defined in 48 396C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" 397and "commercial computer software documentation," as such terms are 398used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 399C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), 400all U.S. Government End Users acquire Covered Code with only those 401rights set forth herein. 402 40311. MISCELLANEOUS. 404 405This License represents the complete agreement concerning subject 406matter hereof. If any provision of this License is held to be 407unenforceable, such provision shall be reformed only to the extent 408necessary to make it enforceable. This License shall be governed by 409German law provisions (except to the extent applicable law, if any, 410provides otherwise), excluding its conflict-of-law provisions. With 411respect to disputes in which at least one party is a citizen of, or an 412entity chartered or registered to do business in Federal Republic of 413Germany, any litigation relating to this License shall be subject to 414the jurisdiction of the Federal Courts of the Federal Republic of 415Germany, with the losing party responsible for costs, including 416without limitation, court costs and reasonable attorneys' fees and 417expenses. Any law or regulation which provides that the language of a 418contract shall be construed against the drafter shall not apply to 419this License. 420 42112. RESPONSIBILITY FOR CLAIMS. 422 423As between Initial Developer and the Contributors, each party is 424responsible for claims and damages arising, directly or indirectly, 425out of its utilization of rights under this License and You agree to 426work with Initial Developer and Contributors to distribute such 427responsibility on an equitable basis. Nothing herein is intended or 428shall be deemed to constitute any admission of liability. 429 43013. MULTIPLE-LICENSED CODE. 431 432Initial Developer may designate portions of the Covered Code as 433Multiple-Licensed. Multiple-Licensed means that the Initial Developer 434permits you to utilize portions of the Covered Code under Your choice 435of the TPL or the alternative licenses, if any, specified by the 436Initial Developer in the file described in Exhibit A. 437 438 439EXHIBIT A - THOR Public License. 440 441The contents of this file are subject to the THOR Public License 442Version 1.0 (the "License"); you may not use this file except in 443compliance with the License. 444 445Software distributed under the License is distributed on an "AS IS" 446basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See 447the License for the specificlanguage governing rights and limitations 448under the License. 449 450The Original Code is ______________________________________. 451 452The Initial Developer of the Original Code is _____________. 453 454Portions created by ______________________ are 455Copyright (C) ______ _______________________. 456 457All Rights Reserved. 458 459Contributor(s): ______________________________________. 460 461Alternatively, the contents of this file may be used under the terms 462of the _____ license (the [___] License), in which case the provisions 463of [______] License are applicable instead of those above. If you 464wish to allow use of your version of this file only under the terms of 465the [____] License and not to allow others to use your version of this 466file under the TPL, indicate your decision by deleting the provisions 467above and replace them with the notice and other provisions required 468by the [___] License. If you do not delete the provisions above, a 469recipient may use your version of this file under either the TPL or 470the [___] License." 471 472[NOTE: The text of this Exhibit A may differ slightly from the text of 473the notices in the Source Code files of the Original Code. You should 474use the text of this Exhibit A rather than the text found in the 475Original Code Source Code for Your Modifications.] 476"#