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6 well as any updates or maintenance releases of that software ("BitTorrent Products") that are distr…
13 This Preamble is intended to describe, in plain English, the nature and scope of this License. How…
14 Preamble is not a part of this license. The legal effect of this License is dependent only upon th…
23 1. You may use, sell or give away the Licensed Product, alone or as a component of an aggregat…
26 2. Both Source Code and executable versions of the Licensed Product, including Modifications m…
33 4. By accepting the Licensed Product under the provisions of this License, you agree that any …
34 make to the Licensed Product and then distribute are governed by the provisions of this License. I…
35 must make the Source Code of your Modifications available to others.
45 terms of the License, your rights to the Licensed Product under this License automatically terminat…
47 You may use this License to distribute your own Derivative Works, in which case the provisions of t…
51 proprietary license of your choice. If you use any license other than this License, however, you m…
52 fulfill the requirements of this License (including the provisions relating to publishing the Sourc…
53 portions of your Derivative Works that consist of the Licensed Product, including the files contain…
55 New versions of this License may be published from time to time. You may choose to continue to us…
56 terms in this version of the License or those from the new version. However, only the Licensor has…
60 the definitions are repeated for your convenience in a Glossary at the end of the License.
65 1. Grant of License From Licensor. Licensor hereby grants you a world-wide, royalty-free, non…
70 part of Derivative Works.
72 b. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use,…
73 sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the e…
74 … necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of
78 2. Grant of License to Modifications From Contributor. "Modifications" means any additions to or de…
79 substance or structure of (i) a file containing Licensed Product, or (ii) any new file that contain…
81 that you receive from any Contributor. By application of the provisions in Section 4(a) below, each…
82 who created or contributed to the creation of, and distributed, a Modification (a "Contributor") he…
88 part of Derivative Works.
90 …2. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell…
91 sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the e…
92 … necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of
97 copyrights, patents, trade secrets or any other intellectual property of Licensor or any Contributo…
99 from the Licensed Product, or for combinations of the Licensed Product with other software or hardw…
100 granted to the trademarks of Licensor or any Contributor even if such marks are included in the Lic…
107 a. Application of This License to Your Modifications. As an express condition for your use o…
109 distribute, are governed by the terms of this License including, without limitation, Section 2. An…
110 that you create or to which you contribute may be distributed only under the terms of this License …
111 version of this License released under Section 7. You must include a copy of this License with eve…
112 …distribute. You agree not to offer or impose any terms on any Source Code or executable version of
113 the Licensed Product or Modifications that alter or restrict the applicable version of this License…
117 b. Availability of Source Code. You must make available, under the terms of this License, th…
119 executable or other form of the Licensed Product, or via a mechanism generally accepted in the soft…
120 community for the electronic transfer of data (an "Electronic Distribution Mechanism"). The Source…
121 version of Licensed Product or Modifications that you distribute must remain available for at least…
122 …e date it initially became available, or at least six (6) months after a subsequent version of said
138 programming interface ("API") and you have knowledge of patent licenses that are reasonably necessa…
146 Code of any Modifications you create or to which you contribute, and which you distribute, wherever…
148 in each file of the Source Code of any copy you distribute of the Licensed Product. If you created …
152 support, indemnity or liability obligations to one or more recipients of Licensed Product. However,…
153 only on your own behalf, and not on behalf of the Licensor or any Contributor. You must make it cl…
155 …and every Contributor for any liability incurred by the Licensor or such Contributor as a result of
158 e. Distribution of Executable Versions. You may distribute Licensed Product as an executabl…
159 license of your choice that may contain terms different from this License provided (i) you have sat…
160 requirements of Sections 4(a) through 4(d) for that distribution, (ii) you include a conspicuous no…
161 …version, related documentation and collateral materials stating that the Source Code version of the
162 Licensed Product is available under the terms of this License, including a description of how and w…
163 fulfilled the obligations of Section 4(b), and (iii) you make it clear that any terms that differ f…
165 Contributor for any liability incurred by Licensor or such Contributor as a result of any terms you…
167 f. Distribution of Derivative Works. You may create Derivative Works (e.g., combinations of …
169 with the proviso that the requirements of this License are fulfilled for those portions of the Deri…
170 consist of the Licensed Product or any Modifications thereto.
173 …lity to Comply Due to Statute or Regulation. If it is impossible for you to comply with any of the
174 terms of this License with respect to some or all of the Licensed Product due to statute, judicial …
175 regulation, then you must (i) comply with the terms of this License to the maximum extent possible,…
178 with all distributions of the Source Code. Except to the extent prohibited by statute or regulatio…
179 description must be sufficiently detailed for a recipient of ordinary skill at computer programming…
183 6. Application of This License. This License applies to code to which Licensor or Contributor…
187 7. Versions of This License.
189 a. New Versions. Licensor may publish from time to time revised and/or new versions of the L…
191 b. Effect of New Versions. Once Licensed Product has been published under a particular versi…
192 you may always continue to use it under the terms of that version. You may also choose to use such…
193 under the terms of any subsequent version of the License published by Licensor. No one other than …
196 c. Derivative Works of this License. If you create or use a modified version of this License…
199 terms that differ from this License. In so naming your license, you may not use any trademark of L…
203 8. Disclaimer of Warranty. LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS,…
204 OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED…
205 OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE…
206 PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RE…
207 NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CO…
208 DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED PRODUCT IS…
215 …if you fail to comply with the terms herein and fail to cure such breach within thirty (30) days of
216 becoming aware of the breach. All sublicenses to the Licensed Product that are properly granted sh…
217 termination of this license. Provisions that, by their nature, must remain in effect beyond the te…
220 b. Termination Upon Assertion of Patent Infringement. If you initiate litigation by assertin…
224 1 or 2 of this License shall terminate prospectively upon sixty (60) days notice from Respondent (t…
226 reasonably royalty for your past or future use of Licensed Product made by such Respondent, or (ii)…
229 …ghts granted by Licensor to you under Sections 1 and 2 automatically terminate at the expiration of
232 c. Reasonable Value of This License. If you assert a patent infringement claim against Respo…
234 settlement) prior to the initiation of patent infringement litigation, then the reasonable value of…
235 …Respondent under Sections 1 and 2 shall be taken into account in determining the amount or value of
238 d. No Retroactive Effect of Termination. In the event of termination under Sections 9(a) or …
243 10. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCL…
244 CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED PRODUCT…
245 OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUEN…
246 ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER …
247 … ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
248 POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH O…
250 NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND…
255 damages arising, directly or indirectly, out of its utilization of rights under this License. You …
257 shall be deemed to constitute any admission of liability.
261 2.101 (Oct. 1995), consisting of commercial computer software and commercial computer software docu…
268 provision of this License is held to be unenforceable, such provision shall be reformed only to the…
270 law, if any, provides otherwise), excluding its conflict-of-law provisions. You expressly agree th…
271 …o this license shall be subject to the jurisdiction of the Federal Courts of the Northern District…
272 California or the Superior Court of the County of Santa Clara, California (as appropriate), with ve…
274 reasonable attorneys fees and expenses. The application of the United Nations Convention on Contra…
275 International Sale of Goods is expressly excluded. You and Licensor expressly waive any rights to …
276 …cerning Licensed Product or this License. Any law or regulation that provides that the language of
280 14. Definition of You in This License. You throughout this License, whether in upper or lower case…
281 individual or a legal entity exercising rights under, and complying with all of the terms of, this …
282 future version of this License issued under Section 7. For legal entities, you includes any entity…
283 controlled by, or is under common control with you. For purposes of this definition, control means…
284 direct or indirect, to cause the direction or management of such entity, whether by contract or oth…
285 ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership o…
288 15. Glossary. All defined terms in this License that are used in more than one Section of this Li…
289 here, in alphabetical order, for the convenience of the reader. The Section of this License in whi…
292 Contributor: Each person or entity who created or contributed to the creation of, and distributed,…
297 License: This BitTorrent Open Source License. (See first paragraph of License)
300 all previous Modifications from any Contributor that you receive. (See first paragraph of License …
302 Licensor: BitTorrent, Inc. (See first paragraph of License)
304 Modifications: Any additions to or deletions from the substance or structure of (i) a file contain…
305 Product, or (ii) any new file that contains any part of Licensed Product. (See Section 2)
310 …y associated interface definition files, scripts used to control compilation and installation of an
311 executable program, or a list of differential comparisons against the Source Code of the Licensed P…
314 You: This term is defined in Section 14 of this License.
319 The Notice below must appear in each file of the Source Code of any copy you distribute of the Lice…
325 The contents of this file are subject to the BitTorrent Open Source License Version 1.0 (the Licens…
327 obtain a copy of the License at http://www.bittorrent.com/license/.
329 Software distributed under the License is distributed on an AS IS basis, WITHOUT WARRANTY OF ANY KI…